Claimform Carter/Lowells Old Cap1 Card 'debt'***Claim Dismissed***

[sharkie]

I have had letters from Lowell chasing an old Capital One account for quite a few years which I have always ignored.

 

I have had many threats of legal action from various associated companies of Lowell which I have also ignored,

 

however on Saturday (28th June) I received a claimform prepared by Bryan Carter Solicitors on behalf of Lowell Portfolio Ltd.

 

They are stating the debt was assigned / purchased on October 2009,

and they are after the original claimed amount (by Capital One) plus interest dating back to October 2009.

 

Could do with some help on this one.

[Bazooka Boo]

Good ole Bryan still trying to line his pockets with ill gotten gains...

 

Is it an actual summons with a court stamp, and no doubt it will be the Northampton Bulk County Court stamp too?

 

When was the actual date you last paid or acknowledged this debt?

When did you take it out, pre or post '07?

 

You have some time yet before you need to acknowledge the claim, did he ever send you a letter before action (LBA)....

 

There is also the question of if there is PPI or any charges that have been added to the total figure as these can all be reclaimed.

[sharkie]

Thanks for the reply.

 

Proper court summons, County Court Business Centre, through Northampton.

I put in a CCA request in March 2008

Had a look through my old letter file, although I haven’t dug out the letter from Lowell they must have written to me in October 2009 as I emailed, faxed and sent them the following letter.

 

Dear Sir/Madame – Lowell Financial Ltd and all associated companies.

I have just received an unlawful threatening letter from you dated 9th October 2009, received 14th October 2009, regarding a demand for payment on behalf of Capital One.

The account number referred to, is and has been in dispute with Capital One due to failures with both the Data Protection Act 1998, and the Consumer Credit Act 1974.

You will be aware that the transmission of data to others is an offence and the fact that you have contacted me will have to be reported to the appropriate authorities including the information commissioner.

My telephone numbers are private and are not in the public domain, therefore if you attempt to contact me by phone I will have to assume that the Capital One have passed the number to your company, and would therefore another clear breach of the Data Protection Act.

Please note, that any harassment by phone is also an offence and will be reported to the appropriate authorities.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with further complaints to the Information Commissioners Office.

If it is your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, and, or any associated company of yours, or your representatives, to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

For information;

Section 78 of the Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the account referred to. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 18th March 2008, which I have evidence was received by Capital One. Upon receipt of the original request the specified account legally entered into disputed status.

Whilst the dispute remains, they are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, they are not entitled to register any information on this account with any credit reference agencies (or any third party).

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means if you insist that what Capital One have provided is such an agreement, then I am confident that any legal action would be successfully defended, and as such unless Capital One can produce such an agreement, this alleged debt is not enforceable in law.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

please fill in the above link and post here

 

dx

[Bandit127]

Sharkie - do you know anything about the specific rules and timescales you need to comply with to defend a case? If not the experts here can help. But abide by those rules and timescales you must - or Bryan will get judgement by default and you lose. (No matter how good your case might have been).

 

Please follow the link in Dx's post above. That will get the experts started.

 

The good news for you is that BC do seem to back off once a solid defence is lodged.

[sharkie]

Lowell Portfolio 1 Ltd

RE: Lowell Financial Limited

Registered Office

Ellington House

9 Savannah Way

Leeds

LS10 1AB

Date of issue 25th June 2014– top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

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?

This claim is for 3252.19 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by Lowell Portfolio 1 Ltd on 05/10/2009 and notice served pursuant to the law of property act 1925

Particulars

Re: Capital One

A/C No XXXXXXXXXXXXX

And the Claimant Claims 3252.19

The claimant also claims interest pursuant to S69 county court act 1984 from 05/10/2009 to date at 8% per annum amounting to 818.77

What is the value of the claim?

 

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?

Amount claimed 4070.96

Court fee 185.00

Solicitors fee 80.00

Total amount 4335.96

 

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

Old credit card account

 

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

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 / Debt Purchaser

 

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

I received a letter in October 2009 and replied

 

Did you receive a Default Notice from the original creditor?

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No – Occasionally Lowell would send a threatening letter.

 

Why did you cease payments:-

I have never made any payments to Lowell or acknowledged the debt with them

 

Was there a dispute with the original creditor that remains unresolved?

They were unable to send me an agreement

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

No

[newhereplease help]

Hi,

 

Ok, you need to acknowledge the claim online/post by 13th July. Online is easier and you can keep an eye on the claim.

 

Your defence, if you are going to defend will need to be in by 26th July.

 

Send a CCA request to Lowell tomorrow. You can send a cpr request for the NOA to Bryan Carter but you will more than likely get a template letter telling you to to refer to your own records.

 

Its pre-2007 which is better for you.

 

Take care.

[dx100uk]

just a tip

 

don't send nowt to cater

 

you'll just get a template response

 

sent the CCA & CPR to LOWELLS

 

dx

[citizenB]

Issue date 25.06.2014 _ 5 days for service = 29.06.2014 + 14 days to acknowledge claim = 13.07.2014 + 14 days to submit defence = 27.07.2014

 

You need to send CPR request for documents that are mentioned within the claim form

 

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

 

Looking at their claim, you are only going to be able to request..

 

The agreement

The notice of assignment

Statement of account showing how the amount they are claiming has acrued - to identify any default charges.

 

Was there any PPI on the account.

Was it in dispute at the time of assignment

Do you know if there are any penalty charges

Looks like they havent been sending you the statutory notices.

[sharkie]

Thanks CitizenB

 

No PPI

 

It was disputed with Capital One in March 2008, for penalty charges, plus they were unable to send a true copy of an agreement.

[Bazooka Boo]

So cr@pone knew it was disputed and still passed it to Bryan Bloody Carter to pursue? Tut tut!

 

When he got his grubby mits on it did you tell him that it was in dispute? http://www.consumeractiongroup.co.uk/forum/showthread.php?387485-Letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-%28update-21.04.2014%29

 

If you had submitted a CCA request in '08 and they failed then IMO this is a very foolish claim brought on by uncle Bryan, he's never going to win.

[sharkie]

Bazooka Boo

 

Didn't get anything from Bryan Carter, just got the summons with his name on it.

[sharkie]

How much information should I put on the acknowledgement.

[AndyOrch]

You dont just tick the box

[Bazooka Boo]

Didn't get anything from Bryan Carter, just got the summons with his name on it.

 

Incredible, abuse of process?

[sharkie]

Sent off CPR request to Lowell, received a letter back from Bryan Carter stating they will not send anything out.

 

Quote - It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

[dx100uk]

usual template reply

 

dx

[sharkie]

So what now

[dx100uk]

you wait

 

but don't miss the 33 days defence filing date.

 

dx

[citizenB]

You will need to submit a defence by the due date.. which I think is 27th July. You still have a few days in hand so dont panic for the moment.

 

Once you have submitted a defence the next step, if they proceed, will that you are sent another form to complete. I think at that time you can submit that the claimant has taken action without providing documents that they are basing their claim on and I believe the court will order disclosure at some point.

 

I find it quite amusing that BC and Lowells moan about defendants using template defences, CPR requests, when pretty much everything that is churned out by them is a template !

[citizenB]

received email with documents and responded.

[ohitsonlyme]

Subbing with interest

[sharkie]

Well slight problem apparently Cap One / Lowell want to continue with the court action.

[ohitsonlyme]

Well slight problem apparently Cap One / Lowell want to continue with the court action.

 

Standard for them they will probably send you a consent order hoping that you will give in

 

Next you can expect to receive the hearing date

Then 14 days before the hearing they should send their witness statement

Postup here for more assistance to help

I have a similar situation a few weeks in front of you

 

Onlymeagain

[citizenB]

The next step is likely to be the Directions Questionnaire - with option to enter mediation. The hearing date will be a while off yet.

 

However, it could be that they will send a letter/Consent order suggesting that in order to save costs if you sign the order, then they will accept instalment payments. (However, they will include their costs to date in the order).