BW/Lowell claimform - old CapitalOne 'debt'***Claim Discontinued***

[bgizzle]

Hello All,

 

I need some advice on how to proceed. I will seek to outline as much as I can below

 

In July 2008 I fell into financial difficulty when I lost an IT contract and struggled to pay all my bills including my credit card bill with Capital One.

 

 

I thought no big problem here,

 

 

I have PPI and will claim... Big Mistake.

 

 

They didn't pay out as PPI wasn't for people in my situation i.e Self-employed.

 

 

Suffice to say the account went into default in Nov 2008 for £680.

 

 

I commenced my pursuit to get

i.)the default removed

ii.) PPI repaid for mis-selling.

 

Capital One ignored me for years even and sold debt to Lowell in Jan 2011.

I never acknowledged debt with Lowell instead directed them to CO as an account in dispute.

 

 

In 2013 CO admitted misselling and refunded PPI payments to the tune of £340 and promised to notify Lowell accordingly.

 

I didn't hear from Lowell until recently when BW Legal contacted me to say they intended to initiate legal proceedings.

 

 

I have today received a N1CPC claim form from the County Court in Northampton for £384 (Court Fees - £35, Solicitor's cost £50) totalling £469.82.

 

I do not want a CCJ on my file as I'm trying to rebuild my life and I don't believe I BW legal or Lowell are acting within the law.

 

What options are available to me?

 

 

I feel like this is Blackmail just as the account is about to become statute barred.

 

Many Thanks

[AndyOrch]

Hi bgizzle and welcome to CAG

 

If you could read and complete the following posting your responses here and we can advise accordingly...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[bgizzle]

Thank You andyorch for swift response.

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

Date of issue – 29 SEP 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)

 

 

- 17 OCT 2014 + 14 = 31 OCT 2014

 

 

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 Claimants claim is for the Sum of 384.82

being monies due from the defendant to the claimant

under a financial services agreement regulated by the Consumer Credit Act 1974

between the defendant and Capital One (Europe) PLC

under account XXXXX and assigned to the claimant on 03/02/2011

notice of which has been given to the defendant.

The defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum

(a daily rate of 0.08 from the date of assignment of the agreement to the date of issue () being 29.28

 

What is the value of the claim? 384.82

Is the claim for a current or credit/loan account or mobile phone account? Credit 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. Debt Purchaser issued claim

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

Did you receive a Default Notice from the original creditor? Yes

 

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

Why did you cease payments:- Financial difficulties

 

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

Yes Partially resolved. Original creditor admits PPI was missold but appears not to have removed default from Credit file as requested.

 

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

I hope this information is sufficient?

Edited October 2, 2014 by bgizzle

[bgizzle]

As per the advice on the link provided I have also drafted a CPR31.14 request.

 

 

I am also responding to the court to defend all of this claim by submission of N9B (CPC) form within the next 24hrours.

 

 

Do I need to take any additional action at this time or wait for responses from BW/Lowell?

[AndyOrch]

Are you sending a section 77/78 request also for the agreement ? Is this a Personal Loan or Credit Card?

 

With regards to acknowledgement I would advocate using MCOL and completing everything on line.

 

Regards

 

Andy

[bgizzle]

Hi Andy,

 

This is for a credit card. I wasn't initially planning to send a section 77/78 request as I already requested for the agreement within the CPR31.14.

 

 

Have I misunderstood the purpose of both requests?

 

I have registered for MCOL and will be using that.

 

Are you sending a section 77/78 request also for the agreement ? Is this a Personal Loan or Credit Card?

 

With regards to acknowledgement I would advocate using MCOL and completing everything on line.

 

Regards

 

Andy

[dx100uk]

they can in all effect, asdetailed in several threads here

ignore your CPR

 

 

they however cannot ignore a CCA request

 

 

you must send one

 

 

dx

[bgizzle]

Thanks for the clarification, will also send across the CCA request.

they can in all effect, asdetailed in several threads here

ignore your CPR

 

 

they however cannot ignore a CCA request

 

 

you must send one

 

 

dx

[bgizzle]

I heard back from BW. They have asked their client to provide the requested info in CCA within 12 working days.

 

 

That has now run its course and

 

 

i've not heard anything back from them.

 

 

What is my next course of action?

[AndyOrch]

Keep your eye on your defence date and take a read of other threads/defences in preperation.

 

Regards

 

Andy

[bgizzle]

@ Andyorch - Thats the bit i'm struggling with. Writing the defence. what threads are you referring to?

[AndyOrch]

Most of the threads surrounding yours...who are in front of you in the process and the ones in the Success forum.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[AndyOrch]

Responding to your PM

 

There are few points that need clarification first before you can finalise your defence bgizzle ...firstly.....

 

What was the date of your last payment to the account..? you state it was defaulted Nov 2008.

 

The second is with regards to the PPI refund...was the balance reduced by said amount of £340 ? Is the claim amount of £384 correct?

 

Regards

 

Andy

[bgizzle]

Answers to your question below Andy

1. Last payment to the account was in July 2008. Default was in November 2008

2. Yes Reduced by said amount. £384 seems accurate

[AndyOrch]

Do you know the date the default was placed on your CRA files ? and is it still showing?

[bgizzle]

10 Nov 2008. Its showing on CheckMyFile but not equifax

[AndyOrch]

Do you have access to Experian ?

[bgizzle]

I have ordered my statutory report and should have access to that in next day or so

[AndyOrch]

Okay I suppose you know where Im going with this.

 

 

..I would be tempted to submit a Statute Barred defence..

 

 

.but lets see if you can get that information in time for the defence which is due on the 31st October before 4.00pm.

 

Regards

 

Andy

[bgizzle]

Andy.

 

 

Still haven't received the statutory report as requested

 

 

registered for the Credit Expert online service from experian.

 

 

The Credit Expert service wasn't as good as I expected as there was a lot of stuff missing from my file which were on my equifax and Checkmyfile.

 

 

The CR from experian did however have a Lowell entry which hasn't been updated since May 2013

and which the Experian support centre inform me is due to be removed on 10th Nov 2014.

[bgizzle]

Okay I suppose you know where Im going with this.

 

 

..I would be tempted to submit a Statute Barred defence..

 

 

.but lets see if you can get that information in time for the defence which is due on the 31st October before 4.00pm.

 

Regards

 

Andy

 

Is there a SB template I can use?

[AndyOrch]

You state that you did receive a default notice for this debt...what date was on the default notice?

[bgizzle]

I cannot remember if I ever received a default letter for this debt (I suspect I did). If I did it would have been between Aug - Oct 2008.

[AndyOrch]

Okay here is the Statute Barred defence......dont submit just yet.....

 

 

 

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

 

2 The Defendant 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 years 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.

[bgizzle]

I have been in contact with Cap 1 who inform me that the default notice was dated 8th October 2008 and default entered on 10th Nov 2008. They also confirmed the last payment they received from myself was on 15th July 2008. I hope this helps?