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

[bgizzle]

With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in full in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

[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

 

But it wasn't settled in full was it ?

[bgizzle]

That was my understanding at the time but looking back it appears not. So let me rephrase

 

With my defence due in tomorrow, do I need to mention anything in the defence about an old account I had with Cap 1 being in dispute as a result of missold PPI affecting payments but settled in 2013 with Cap1 hence an abuse of court process/time by BW and Lowell?

[AndyOrch]

No...you are only dealing with the balance...the PPI is history

[AndyOrch]

Unless of course the PPI should have cleared the full balance?

[bgizzle]

Okay. I'll leave that out. please see below and confirm if this is sufficient?

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 Defendant has not paid any part of this debt in the last six (6) years.

 

4. The Claimant's claim to be entitled to payment of £384.82 or any other sum, or relief of any kind is denied.

 

 

5. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 and CCA but the claimant has failed to comply with this request.

 

6. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

[oleg]

Confine defence to what Andy gave you. Everything you've added is either repetition [no.6], superfluous [no.3] or not appropriate at this stage [no.5].

 

The shorter, the sharper.

[bgizzle]

Thanks @ Oleg - I'll revert to the original 3 provided by Andy

 

@ Andy - I have also just found out that the date of assignment (according to cap1) differs from date BW/Lowell have stated on claim. When is an appropriate stage to highlight this and them not responding to CPR and CCA requests?

 

Apologies for appearing a bit silly but legal matters turn one into a bumbling fellow

[AndyOrch]

You dont....once a SB defence has been submitted there is nothing further to add...hence Olegs post

[bgizzle]

Okay. I'll submit this first thing tomorrow morning

[bgizzle]

Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 acticon 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 £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

[oleg]

Okay... Deadline day is here. Below is what I seek to submit following the patient advice given by andy and others. Please cast your eyes over this one more time and confirm i'm not missing out anything.

 

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD

Defendant: XXXX XX

 

1. The Claimant's claim was issued on 29th September 2014.

 

 

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 acticon 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 £384.82 or any other sum, or relief of any kind is denied.

 

Is there a legal format to adhere to?

 

Just paste into the mcol form

 

You should receive acknowledgment Monday.

[bgizzle]

Submission done via MCOL. Fingers crossed this goes smoothly. I really hate the modus operandi of Lowell and similar DCAs.

Edited October 31, 2014 by bgizzle

[oleg]

Strange that: most of us adore them with an undying exquisite passion.

[bgizzle]

Strange that: most of us adore them with an undying exquisite passion.

[Old Cogger]

Strange that: most of us adore them with an undying exquisite passion.

 

Urgggggggggggggggggggggggggggggggggggggggggggggggggggg!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! plop!

[bgizzle]

Update since submission - Courts sent acknowledgement receipt of defence letter a couple of days after submission via MCOL. They advised a 28 day timeline for BW/Lowell to respond else claim will be stayed. Its now 1st Dec and I've heard nothing back.

[AndyOrch]

The same as 95% of claims we deal with...very few ever do respond.

[bgizzle]

Update - received a letter today from BW legal to the court stating that their client intends to continue with the claim. This was dated 3rd Dec. I thought they only had 28days to respond?

Edited December 5, 2014 by bgizzle

[AndyOrch]

Its 28 + 3 ...same as for you submitting the defence.

 

Andy

[bgizzle]

Ok. Fair enough. So I take it the next step is to wait for it to get assigned to a track/judge?

[AndyOrch]

Only if they respond...then you will receive a Directions Questionnaire to submit.

[bgizzle]

You mean if they (BW Legal) respond to the court? If yes they already did and their letter to the court which I have been cc'd to reads

 

"The Court Manager,

Northampton County Court (Bulk Centre)

 

Claim No: XXXX

Lowell Portfolio v xxxxx

 

The claimant intends to continue with the claim,

 

We confirm that we have sent a copy of this letter to the defendant

 

Yours faithfully,

BW Legal"

[AndyOrch]

Well just wait until you get the DQ and then you will know if the above is genuine.

[bgizzle]

Ah I see