LOWELL/CAPITAL ONE County Court Claim

[jaybee24uk]

Hello,

 

Posting on behalf of the wife. Lowell have dug out an old Capital One debt and sent out a County court claim form.

 

The debt is in the wife's maiden name and we have been married for 5 years now and I know for certain nothing has been paid towards this debt for at least 7 years.

 

POC are:

The claim for the sum of xxx and is in the respect of monies owing by the defendant on a credit agreement regulated by the consumer credit act 1974.

The original creditor was capital one bank europe pls under the account number xxx.

The defendant failed to maintain the contractual payments due under the terms of the agreement and a default has been served and not complied with.

2. The debt was legally assigned to the claimant by capital one bank on and a notice of assignment was served upon the defendant.

3.The claim also includes statutory interest persuant to section 69.....

 

Claim is dated 5th Nov.

 

What is the best planned of attack. The wife has no correspondence for years. Then this. I'm hoping the debt is staus barred. However don't know if it is best to tell the courts or Lowell first.

[jaybee24uk]

Just about to complete the acknowledgment of service online to allow some more breathing space.

[unclebulgaria67]

You need to know the date of the last payment and when the account entered into default.

 

Acknowledge the claim within the 14 days allowed advising that you will be defending in full and then within the further 14 days, you can enter a defence.

 

The defence would be that the debt is statute barred and it is then up to Lowells to prove otherwise. But it would help if you had the payment/acccount information, just in case Lowells find some phantom payment which they claim was made by the debtor.

 

You can send Lowell or whoever is noted on the court claim as dealing with it, a CPR 31.14 letter asking them to provide the documents mentioned in their POC and a CPR part 18 to ask any questions you want to ask.

[jaybee24uk]

Cheers Uncle,

 

Will chase up some more info.

 

The crazy thing is I work at Nottingham railway station across the road from Capital One UK HQ! This is a debt from before I knew my wife one of those crazy £100 credit limit card and the are now after £900 plus!

[jaybee24uk]

Not 100% sure on the date of the last payment and the default.

 

If I write to Lowell do they have to tell me this information?

[jaybee24uk]

OK wrote to them a week ago,

 

Nothing yet, still waiting....

[AndyOrch]

Not 100% sure on the date of the last payment and the default.

 

If I write to Lowell do they have to tell me this information?

 

OK wrote to them a week ago,

 

Nothing yet, still waiting....

 

I wouldn't wait by the door....start to prepare your defence jaybee.

 

Regards

 

Andy

[havinastella]

Under CPR you may want to request what they have mentioned in their POC.

 

You may also want to send Crap One your CCA request.

 

You may also want to send Crap One the SAR. If they are claiming £900 on a £100 limit your late charges and overlimit fees could be worth thousands for you now.

[jaybee24uk]

OK sent off a CCA request the day after receiving the claim form to Lowells

Sent off a Statures Barred letter the same day to the solicitors and Lowells.

 

Sent of the CPR request in Friday as it took a bit of home work to compile one.

 

Read on another thread the you can call the court and ask for more time if documents have not been sent.

 

Will look at compiling a deference tomorrow. As I'm about to start a 12 hour shift.

[jaybee24uk]

In the process of compiling a defense.

 

This is the first time I have ever done anything like this.

 

So I basically have to tell the court that the debt is SB and that I have asked for proof of the debt to no avail?

[Desperate Daniella]

Basically yes.

 

Put up the draft for us to look at if you like.

 

DD

[jaybee24uk]

OK looking at some old posts of other similar cases right now. To help with wording a defense . Can I do this all online or do I have to fill out the court form?

 

Do you think writing to the solicitors to state I am defending the claim would help. although no had a single peep from them yet.

[jaybee24uk]

This is what I found online so far.

 

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

 

2 The Claimant 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 yearsicon 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 £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Would add the fact that I have sent off a CPR and CCA requests help and that i have had no answer?

[jaybee24uk]

If my claim was issued against me on 05/11/2013

and I acknowledgment of service was submitted on 12/11/2013

 

When is the deadline to do my defence?

[AndyOrch]

Claim issued 5/11 AoS = 23/11 defence due =7/12

 

Regards

 

Andy

[jaybee24uk]

Thanks Andy. It's all very scary.

[AndyOrch]

Not really I can think of far better things to be scared of:wink:

[jaybee24uk]

Only just had a reply from Drydens Fairfax.

 

Sending me documents I have requested. I am guessing this is in response to my CCA request.

 

What I have been sent are:

 

CCA Signed agreement, very poor copy which is illegible. Can just make out the signature on it.

 

A default agreement, mentions the wife's name and address, but no sign of a date anywhere.

 

Checked the online banking and last payment was made March 2007, then 3 failed direct debits, the the DD was cancelled.

 

 

In the letter it a states:

 

The claim remains pending with no judgment entered at present. If we do not receive a response in writing within 21 days of this letter we will continue to request judgment.

 

So is my next move to write to Drydens Fairfax and state that this is a statute barred debt as the last payment was March 2007?

[AndyOrch]

Have you submitted a SB Defence?

[jaybee24uk]

Yes I did through the courts website.

 

Do you need to write to Drysden Fairfax to tell them I have done this?

[citizenB]

In the letter it a states:

 

The claim remains pending with no judgment entered at present. If we do not receive a response in writing within 21 days of this letter we will continue to request judgment.

 

So is my next move to write to Drydens Fairfax and state that this is a statute barred debt as the last payment was March 2007?

 

 

 

If you have entered a Statute barred defence, then I fail to see why they would want you to contact them ?

 

IMHO, simply advise Drydens Fairfax that you have submitted a defence on the basis that the account is statute barred.

[AndyOrch]

I wouldn't respond .....they have had the defence...its for them to contact Northampton now to state if they wish to proceed.

 

Regards

 

Andy