hamptons Legal Section 69 County Crts Act 84

ratttyo

This company have sent me a letter claiming that if they take legal action upon me interest will be charged against me using a Section 69 of the county courts act 1984.
They appear to be the same company as Lowell Financial that Ive been having letters from as at the bottom of the letter is in tiny text the fact thats this Hamptons is a trading name of Lowell Financial ..same LTD company number.

This all stems back from a captital 1 card I had back and lost 6-7 years ago. Didnt keep up the payments.

Thing is the card only had a 300 pound limit so I wont be prepared to pay anymore than 300 pounds. How do I go about getting in touch with capital 1. Ive tried but they have no record of me and cant speak to me because of the data protection act ...etc...i cant answer the security questions because i cant remember any of the details even where i was living ETC when i had this card.

what do i do?

webitha

if its been 6 years since last contact then i think this would be statue barred
but someone with better knowledge than me will be along soon

annd if it is send them a letter (recorded delivery) stating that

ratttyo

I know about the satue barred right, but i need to check the exact date. Its march 2001 I do believe the last time a payment was recieved. Im waiting for my credit file from experian which is proving hard to get..Ive now had to send in Id for them. which Ive done

Well that file I wonder have the exact date of the default..

This company are stating that they will take me to court and get a CCJ possibly against my name and that will be valid for 6 years????? can they do this..will the court entertain a debt 6 years old?

ratttyo

Im waiting for my credit report before i even think about entertaining this Lowell financial and Hamptons Legal. Ive ignored every letter so far and will do till i know where i stand...am i right in acting like this?

webitha

not if its statue barred they wont
write them a letter stating that it is SB and if they continue to send you letter etc you will contact your solicitor as it is harrassment
9/10 posts on here who have done that never hear from them again

they are chancing their arm in the hope you will panic and pay and hoping that you dont know the law

good luck

ratttyo

webitha

Yes the letter has

legal proceedings MAY be commenced
SHOULD legal proceedings be commenced
Furthermore SHOULD any judgement made against u

I think a company that was taking you to court would not phrase things in this kind of manner? Maybe Im wrong and I will find out. I hope not . I dont want it going to court while im waiting for this experian report.

tomterm8

registered post:

Client ref
Your reference :
Client reference :

Dear sir/madam

Please note I do not acknowledge any debt to your client

With reference to the above account, I am writing to inform you that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my statement of account, including a detailed break down of any charges. I am also entitled to recieve a true copy of the original credit agreement.

I request this information be supplied to me within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

Non-compliance with my request is a criminal offence under the above CCA and will result in a report being submitted to the relevant statutory authorities.

Please note that under Section 189 of the CCA you are obliged to supply these documents whether you are the original creditor or not. I await your reply.