Hi, Have had my reply from Cap one concerning the account, the letter I got back from them in a nutshell says, yes it is your debt now go and pay Lowell!! No explanation for the incorrect information they hold nothing. To get to the bottom of this I thought my next course of action is to send Cap one a SAR, is this the correct way to go? Many thanks

Many thanks, said what I wanted to say but in a lot better way

Hi, Did anyone get a chance to look at my defence it needs to be in Monday latest, really wanted to get in today, many thanks

Thank you

Hi 1.The defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account ref xxxxxxxxxxxx ('the agreement)) The defendant failed to maintain the required payments and a default notice was served and not complied with. 2.The agreement was later assigned to the claimant on 23/11/2012 and notice given to the defendant Despite repeated requests for payment the sum of £1650 remains due and outstanding. 3.And the claimant claims: The said sum of £1650, 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 £xxxbut limited to one year being £xxxx This is the defence I have drafted so far. The defendant contends that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. Paragraph 1 is noted, I do not recall having financial dealings with Capital one in the past. I am unaware of what account the claimant refers to, I am unaware of what alleged debt the claimant refers to having failed adequately to give particulars of its claim, as of this date the claimant has failed to comply with my section 78 request and therefore remains in default in S78. Paragraph 2 is denied, I deny having received statutory notices in the form of a default notice required under section 87 of the Consumer Credit Act. I also deny having received statutory notices in the form of notice of sums in arrears as required by the Consumer Credit Act. Paragraph 3 is denied I can't ever recall receiving any notice of assignment from Capital One. Paragraph 4 is denied I can't ever recall receiving requests for payment. It is therefore denied with regards to the defendant owing any monies to the claimant the claimant has failed to provide any evidence of assignment, balance or breach requested by CPR 31.14 therefore the claimant is put to the strictest proof to: 1. Show how the defendant has entered into an agreement. 2. Show how the defendant has reached the amount claimed for. 3. Show how the claimant has the legal right, either under statute or equity to issue a claim. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the claimants particulars to establish what the claim is for. To date they have failed to comply with my section 78 request and remain in default with regards to my CPR31.14 request. In light of the above Capital One was contacted by the defendant, it was noted that the particulars they hold on their file concerning this Capital One account, do not match the information I have given to them or with the information on my credit file. Consequently the matter has been referred to their Fraud Team for further investigation. Is this any good so far ??

ok thanks understand now will get on with it.

Is there anything I can put in to the court to indicate this as I don't want a judgement by default if I don't put anything in to them.

Good Morning I am even more confused now lol. I have spoken to Cap one and they have confirmed that the account was taken out at an address in 2007 which I did not go and live in until 2009, and there is a payment of £4786 in 2012 which I know I did not make, because of the discrepancies in the records they have now passed it on to the fraud investigation dept to look into and they will have an answer in 14 days. They have also said they will tell Lowells that it is being investigated. I can't understand this as I am sure I had a cap one card in 2007 but not at the address they are telling me they have registered and because they want to investigate they will give me no more info on the account. My question is this my defence needs to be in by the end of the week what sort of defence should I put in, obviously I don't feel I can go statute barred, was thinking of going down the usual lines of having requested info and had nothing back etc woud this be right way to go? Thank you

A lot to pay for a c/c debt I suppose Lowells could have bought several for that amount, but that does not make it a payment on that account from me does it?. I have still had nothing from Lowells regarding the CCA, or any paperwork for that matter time is up tomorrow for them. Then will sort defence get it written up and let you look at it, many thanks

Well the plot thickens I have rung Cap one today, they were very helpful, ended up being passed over to Nottingham and a manager there. They found account it had a 1k limit, it was taken out in 2007. This is the interesting bit, the lady confirmed a d/d payment had been made in 2012 but for £4768.00., which even with charges would have paid the account off with money over!! I am now waiting for a phone call back as they are having to investigate and no I certainly did not make that payment and she said it was a cleared payment. Either way it is good news because if that payment is nothing to do with me and they re-allocate the payment the debt is statute barred. Also and this for anyone reading the posts, Lowells have not been in touch and requested anything, which is good for my defence if I need to go that way as I know they have not got anything. So a bit happier today and will keep chasing Cap one for resolution on this mysterious payment.

OK many thanks will put my big girl pants on and give them a call x

This might sound a daft question but would I just ring Caps 1 general customer service line, would they be able to find it from there? I do have the old card number in question as Lowells kindly supplied that. My only reluctance to do this is because I have a new Cap 1 card which I have had for 16 months, this new account is in apple pie order and I can afford to pay this balance off if they got funny as I pay it off every month, but I would be a bit miffed if I lost this because of Lowells, but yes it would be a small price to pay to not have a CCJ or have to go to court. Thank you

OK will definitely do that, thank you:-)

Thanks ,that is so good to know, will make sure defence is in on time but will not give them too much of a heads up. Can not say thank you enough for your help you have simplified it so much for me, off to donate now, thanks again will probably be back with more questions as I get further along lol

Thank you I will, have it all marked up on calendar, just want to give them time to reply before I put defence in as I do not think they will have the paperwork but I want to be seen to be reasonable and give them chance to find it. Do Lowells see your defence once you have put it in to court?