Hi

I hope you are all doing well

Can someone please assist me in ensuring I am proceeding correctly to defend the below Claim from Lowell Solicitors.

The claim is probably about 10 years old.. possibly more. Its that old that I dont remember when it was taken out so I thought that would mean it was statute barred but I guess not judging by this..

I have logged onto MCOL and ack that I will defend in full. I will also send a 31:14 to lowell to Lowell Solicitors in the next few days.

Lowell Portfolio LTD are listed as claimant though so would I also send them a CCA request?

Thanks in Advance

What is the claim for?

1. The defendant entered into a consumer credit act 1974 regulated agreement with Capital one under account reference 54xxxxxxxxxxxxxx (‘the agreement)

2. The defendant failed to maintain the required payments and a fault notice was served and not complied with.

3. The agreement was later assigned to the claimant on 31/06/2013 and notice given to the defendant.

4. Despite repeated requests for payment, the sum of £1569.25 remains due and outstanding and the claimant claims

a) The sum of £1569.25

b) Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.328, but limited to one year, being £125.54

c) Costs

What is the value of the claim?£1694.79 plus £105 court fees and £80 legal representative fee = £1879.79

Has the claimant included section 69 interest(8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

Yes, within the total claim

Is the claim for a current or credit/loan account or mobile phone account?Credit card

When did you enter into the original agreement before or after 2007? 07/2003

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim.Debt purchaser has issued the claim- Lowell Solicitors

Were you aware the account had been assigned? Not that I recall

–

Did you receive a Notice of Assignment?Unsure as this was a long time ago

Did you receive a Default Notice from the original creditor? Unsure but CRA defaulted in 01/2008

Have you been receiving statutory notices headed “Notice of Default sums”at least once a year? I don’t recall

Why did you cease payments: Lost my job

-

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan ? I did in the beginning but couldn’t keep up with the payments

Yes you need to send a CCA request to Lowell by recorded delivery or at least get proof of posting at the Post Office.

You really do need to find out when you originally took out this CapOne account as that is a key bit of information and affects whether lack of original CCA is important or not. CapOne should tell you this if you phone them.

Also you need to find out when you last made a payment. If you last paid CapOne, phone them for this info. If you paid via another company e.g DCA or DMP company, then try to find out from them or get hold of Bank statements to check.

Don't rely on Lowells to find out accurate info or to work out statute barred themselves. People do end up with CCJ's on statute barred debts, because they have not defended properly by getting info themselves.

Hi Unclebulgaria67

Thanks for your reply. I should have really checked this before completing the questionnaire...

I went and dug out an old Equifax credit file and it states that the account was opened in 07/2003 and defaulted in 01/2008.

Last payment made on the account in June 2007 according to the credit file.

I will also send CCA to Lowell Portfolio LTD and 31:14 to Lowell Solicitors LTD both recorded.

Thanks again for your assistance

go ring cap1 and ask

if its 1000% SB'd then you can file our SB defence today.

no real need for CCA/CPR as any info provided by those are immaterial if you say the debt is state barred

so don't send them. as will weaken your SB stance.

in law on an SB debt debt

its down to the claimant to prove the debt is NOT SB'd

rather than you it IS.

Hi DX

What should I be asking Capital one? When the account was opened or if its statute barred?

How do I fight this from a statute barred stance?

last payment get that info for a start then come back on here

Ok. I'll give them a call tomorrow as I'm currently at work.

Will they still have this information on debt so old?

I also just want to ensure that calling capitalOne will not be opening any doors for them to come after me?

Thanks

Call Us

Query Phone number Opening hours

General account 03444 812 812 24 hours a day ring now they are open 24 hours

The account has been sold to fleecers

Nothing cap1 can do to you now

Get that last payment info

If they won't tell you

Then quote the data protection act and the

Preventions of fraud act

At them

They must hold data for 6 yrs by law

Thanks guy.

Cap1 confirmed last payment in January 08.

Account open date is 07/2003

So looks like statute barred letter is best way to go

Thanks guy.

 

Cap1 confirmed last payment in January 08.

Account open date is 07/2003

 

So looks like statute barred letter is best way to go

No - you do not send a statute barred letter now - the claim has been issued and you will need to submit a defence. Wait while dx100uk or andyorch provide you with the SB defence. Patience

they will not just go away, follow court instructions as they come in and later you are able to state staute barred - proceedings are not that easy once a claim made

No problem CitizenB.

I'll wait for their response to advise on next step in the process.

Thank you

No - you do not send a statute barred letter now - the claim has been issued and you will need to submit a defence. Wait while dx100uk or andyorch provide you with the SB defence. Patience

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

file the above on mcol

you don't need CCA/CPR

Thanks DX

Should I also post a copy to the solicitors office or is none of that required?

I just want to get this resolved ASAP

thanks

nope they'll soon find out...

OK..

Thanks All...

Useful info as always dx - thanks

If you've filed the AoS to extend the time to submit defence,

if you are 100% certain it's SB I would first write to them pointing out out any debt they claim owining is SB and that will be the focus of your defence to their claim.

As they have no prospect of success invite them to withdraw their claim, giving them a timeframe to reply within the time so you don't miss the deadline to file defence.

If you've filed the AoS to extend the time to submit defence,

if you are 100% certain it's SB I would first write to them pointing out out any debt they claim owining is SB and that will be the focus of your defence to their claim.

 

 

As they have no prospect of success invite them to withdraw their claim, giving them a timeframe to reply within the time so you don't miss the deadline to file defence.

I wouldn't...they will get a copy of the defence and can decide whether to proceed or discontinue .

Hi I hope you are all well.

Even though Cap1 confirmed last payment was in 2008,

I found a bank statement showing token payments being made to cap1 in 2012.

I'm assuming this affects the statute barred status?

Can I get advise on what I can do in this instance please?

Thank you

could you have had more than one or partners account?

is the ref number the same.

cant see cap1 making a mistake like that when you rang them.

Hi All

Apologies for the late reply as I have been working away and also struggling to confirm details with cap1

I finally got through to someone who checked an old system and found that the details I was provided originally was incorrect.

The last payment they have showing on the old system was from August 2012.

Is there anything I can do to rectify this please?

Thanks in advance

ok well mistakes happen

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

I take it you have not yet submitted the statute barred defence?

Andy