lowells/Bwlegal claimform old cap1 card 'debt'

[KILLBILLAGAIN]

Hi

 

I received a claim form from BW legal on the 13.2.14 who where assigned the debt from capital on the 1.10.2009.

 

i filed a defence stating that i disputed this matter and believed that the matter was statue barred when they issued it.

 

The default from capital one came off my cra in january 2013, but i know that i had was in a payment plan with capital one for some months but cannot remember when my last payment to them was. I have not kept old old bank statements or letters in relation to this.

 

BW have now stated that unless they hear from me with an offer to settle the case then they will write to the court requesting that my defence be struck out based on their notice of assingnment letter which was dated the 1.10.2009.

 

However they have not to date provided a copy of the default notice.

 

the matter is listed for a hearing at my local court on 11september because i entered a defence.

 

My question is how to get details of the default notice and more importantly when my last payments where to them to ascertain wether at the date of issue the matter was statue barred or not.

 

having gone through the forum do i need to make a CCA request and details of payments that where made without prejudicing my position ?

 

thanks

[unclebulgaria67]

Have you not sent BW Legal a CPR 31.14 letter asking them to disclose the documents they are relying on for their claim e.g Consumer Credit Agreement, Default notice ?

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

If not, now is the time to get the letter off by recorded delivery to BW Legal.

[citizenB]

They cannot base a strike out on the date of their Assignment of the account ? Statute barred works from the date of the cause of action..

 

You can actually telephone Capone and ask them when the last payment to the account was made. Then add on say a couple of months and start the SB clock from there.

[citizenB]

I have drafted a CPR31.14 request for you below... send it to the solicitor named on the claim form and by Recorded/Special Delivery. This is a request for information only - you cannot ask for copies of documents. Let us know what their response is.

 

 

[ATTACH=CONFIG]51096[/ATTACH]

[dx100uk]

CPR & CCA requests a must

 

don't sign the letters.

 

dx

[KILLBILLAGAIN]

ok

 

thanks for your replies

 

i am in the middle of moving house so when i have moved i will send the request to them and inform them of my change of address

[KILLBILLAGAIN]

also with request to last payment on account - can that request not be made from bwlegal when i make my cca and cpr 31 letter ?

[citizenB]

also with request to last payment on account - can that request not be made from bwlegal when i make my cca and cpr 31 letter ?

 

CPR requests..

 

CPR 31.14 - this is a request for copies of documents mentioned on their Particulars of Claim .. only

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

CPR Part 18 (the draft I gave you earlier) is for INFORMATION only

 

CCA request is a specific request for a copy of the agreement - this is to be sent to the claimaint.. eg Capital One.

 

You can send the 2 CPR requests to the solicitor in the same envelope.

 

You MUST send the CCA request separately to Capital one and enclose the statutory legal fee of £1.00

[dx100uk]

I would suspect that lowells are BW legals client not Cap1?

 

so the CCA goes to lowells.

 

if you can ring cap1 by all means and ask last payment date

 

dx

[dx100uk]

can you fill this out please and post the results here too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[KILLBILLAGAIN]

so can i clarify that the CCA request goes to Lowell Portfolio and not capital one ? I have done the other cpr letters and need to know which cca request and £1 needs to be sent to whom

 

thanks

[dx100uk]

the claimant

 

dx

[KILLBILLAGAIN]

ok thats lowell porfollio

 

i let you know when i get a reply

[dx100uk]

lowells

 

dx

[KILLBILLAGAIN]

lowells

 

dx

 

the claim was issued in the name of lowell portfolio 1 ltd

 

does that matter as its different to what u said

 

 

edited

never mind i sent it to lowell portfolio 1 ltd as per the claim form if they make

 

lets see what they say

 

- they sent me a letter stating that based on the assignment that they had been given from crapital one

 

they where going to make an application to have my defence struck out if i did not make an offer of settlement.

Edited June 9, 2014 by KILLBILLAGAIN

[AndyOrch]

can you fill this out please and post the results here too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

If you had completed the above as asked we would have been able to advise what and where to send requests...as it stands we dont even know the particulars of claim.

 

Regards

 

Andy

[KILLBILLAGAIN]

Hi my reply to your above request in relation to claim details etc seems to have dissapered from this thread

 

also i have not recieved a response from the claimaint or their solitiors in relation to the cpr request within the time frame that they are suppose to reply in.

 

what happens in this request.

[KILLBILLAGAIN]

In order for us to help you we require the following information:-

 

Name of the Claimant ? lowell portfolio 1 ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 13.2.14

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. the claim for sum of £1712.13 in relation to a credit card with capital one which was assinged to the claimant on the 1.10.2009. claim also includes stat int at 8% from the date of the assingment being an amount of 399.00

 

What is the value of the claim? £1557.14 = £75 court fee and £80 sol court

 

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

 

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? i believe that it was before 2007

 

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. - assigned and debt purchaser issued the claim via their solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - cant remeber

 

Did you receive a Default Notice from the original creditor? no

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments:- had finanical troubles and then went into a ap with capital one but then problems got worst so ceased making payments - cant rember when last paymnet was to them

 

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 dm plan?yes with capital one but then becuase of financial problems ceased it.

 

any further question can you let me know

 

thanks for your help.

[oleg]

Twice in May you were advised to call Cap1 to find out date of last payment which is critical for determining S B status yet today you say you still don't know it ? They would also be able to tell you what date you entered into the credit agreement.

[KILLBILLAGAIN]

Twice in May you were advised to call Cap1 to find out date of last payment which is critical for determining S B status yet today you say you still don't know it ? They would also be able to tell you what date you entered into the credit agreement.

 

 

well thats the reason for sending them the CCA request and CPR.

 

I see no reason to get into a protracted telephone conversation with them when they should be able to comply with my written request with the times frames that they are supposed to respiond within

[dx100uk]

a cca request will not tell you the last payment

 

and a CPR prob not either.

 

only an SAR to the OC

or

by ringing them [the OC]

 

dx

[oleg]

Protracted phone call ?

 

SAR request could take weeks, phone call just couple of minutes.

 

Solicitor is under no obligation to meet CPR request. They're routinely ignored.

 

Don't expect B W to be helpful.

 

All they want is to get money out of you.

 

We are trying to give you correct advice to minimise chances of judgment against you but you don't appear to want to follow it.

[AndyOrch]

Hi my reply to your above request in relation to claim details etc seems to have dissapered from this thread

 

 

You didnt make any posts after mine until yeterday...last post 9/6 23.51pm

[havinastella]

Did you acknowledge this claim?

 

Have you submitted a defence?

 

Have you received an extension you do this? You are well past the deadline for a defence to be submitted.

[KILLBILLAGAIN]

You didnt make any posts after mine until yeterday...last post 9/6 23.51pm

 

 

no - it seem that i cant post with links in it - which where copied over from the sites request for further details