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lowell/dryden claim form - old Cap1 credit card debt - help


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Hi everyone!

 

I am filing a Defence at the 11th hour due to serious illness in the family,

and need a bit of assistance with some questions I have.

Any help that can be provided would be gratefully received!

 

I have just discovered something curious about both the NoA and the claim form I received.

 

The letter sent by Capital One purported to assign the alleged debt to Lowell Portfolio I Ltd,

and yet the claim form has been issued by Lowell Financial Ltd.

 

I have just checked on the companies house website and they are both listed as separate companies,

so I am thinking that Lowell Financial have no right to issue the claim as they are not the legal owner of the debt.

Any thoughts?

 

Also, the Claimant has provided an application form plus one page of t&c's.

There is no mention of the right to assign,

but at the top of the page the t&c's refer to clauses not included in the page provided!?

 

Both the original creditor and the so called assignee have sent exactly the same info,

so that would suggest that's all they've got,

and despite asking for all t&c's throughout the agreement, they have not provided them!

What do you think?

 

The assignment notice they have sent was apparently sent by Cap One (never got it),

however, the letter hasn't got the company logo,

it just looks like a letter that could be typed up by anyone!

Any thoughts?

 

The Default Notice (which again I didn't get) has text missing at the end of both pages and part of it is also blurred and illegible.

Surely that means it is a bad notice, as the details are not clear?

 

In response to asking for a termination notice under the CPR request,

DrydensFairfax stated that Cap One do not issue termination notices, can this be right?

Or is this another argument for me to put forward?

If anyone can direct me to anything re termination notices and the requirement for them, I would be very grateful!

 

Finally,

the so called 'statements' they've sent are small blocks of limited info on sheets of A4 paper seemingly showing a particular month

and the balance and pmt (if any) dates and very little else.

 

To me, this does not represent copy statements, and is info anyone could have mocked up!

 

Any thoughts about statements and what they have to provide and/or regs I can rely upon,

because what they've sent does not in my opinion amount to copy statements.

 

Many thanks in advance!

 

Figgydoody.

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Responding to your PM Figgy

 

You seem to have a good knowledge as to what you need to check with the validity of the claim...name of rightful claimant assignment ect. and those questions need to be referred to in any defence.

 

With regards to your other points you would also question the authenticity of the T&Cs/Statements and imply that they are not true copies and have been recreated to support any claim.

 

If you have a draft of your proposed defence ...pop it up on the thread and I will take a look.

 

Regards

 

Andy

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Hi Andy,

 

Thanks for popping over!

 

I can't post up the Defence at the moment as I'm drafting it as we speak!

 

So, do you think my point is valid re who the alleged owner of the debt is, given what is stated on the NoA and the fact it differs from the claim form? It may be that Lowell is a group of companies, but as I stated in my first post, they are two separate entities according to Companies House, and I'm surmising not the kind of detail a judge will overlook?!

 

Any thoughts on termination notices?

 

Kind regards,

 

Figgy.

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There is a section that covers group litigation within the CPR...it can be that the parent company litigates so you need to check your facts before pleading that.Termination Notice is a none starter/weak argument...most DN act as the TN and a TN is not required to enforce the agreement...just a valid DN.

 

Regards

 

Andy

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Any ideas which section of the CPR applies re group litigation? I take your point about this but would really like to stuff em' on this issue (as well as many others) if possible!lol

 

Tbh, I didn't think the termination notice argument was a strong one, it's just my desire to throw as many cogent irrefutable points at them as I can!

 

Regards,

 

Figgy.

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http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part19b

 

Group litigation refers to numerous parties as claimants...I think the point you refer to is slightly different with the right to instigate litigation within the claimants name.There was a recent thread which involved Robinsons the judge accepted that this was a formality that could easily be corrected by way of an application and replacement of claimant...but by all means cast doubt within your defence...but dont rely on it as a show stopper.

 

Regards

 

Andy

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Hi Andy,

 

When you mentioned the issue of group litigation I did have a look at the CPR and the section you have referred to but couldn't find anything that related to my situation, or have I missed something?

 

Regards,

 

Figgy.

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See above I have added further.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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I think it's essential to have a number of strong arguments and not put all my eggs in one basket! I'm hoping I have enough weapons in my armoury to cast significant doubts over their case to get it struck out; and the issue of their inability to issue the claim will hopefully be another spanner in the works, and even if they were to get permission to amend the claim they might decide not to when considering the other arguments raised.

 

I appreciate your help and advice.

 

Regards,

 

Figgy.

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