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Lowell/BW claimform - old cap1 'debt'


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Hello everyone,

 

Could certainly do with some advice if at all possible.

 

around 5 years ago during the 'credit crunch' a company I was sub contracting to went belly up leaving me out of pocket

in the short term and out of work in the long term.

 

 

Up until this life was good and like so many others had various credit arrangements.

However this all became unmanageable almost over night.

 

 

We are now improving our situation and have payment plans in place with around 6 different creditors

all of which we have stuck to and maintained payments.

 

 

However Capital One was always a bit of a problem, always insisting on more than we could afford,

up to 3 or 4 phone calls a day and just generally badgering the life out of us.

 

It got to the point where I adopted the [removed] attitude to them and left them to whistle.

We even changed our home phone number to stop the nuisance calls from them.

Over time the letter thinned out to almost stopping.

 

 

Then the letters came from different Debt recovery companies acting on their behalf.

Maybe a bit foolish of me but I just ignored them hoping they would just go away.

Best part is, they did.

 

 

Different companies would write and as I thought, tried their luck. The thing is, none of them pushed it.

 

I'm now at the stage where rightly or wrongly I'm beginning to think I'm going to get away with this...........

 

Then a couple of weeks ago we got a letter acting on behalf of Lowell Porfolio 1 from a company by the name of BW Legal.

Now we had heard from these people before when they threatened bankruptcy against us

but like all the rest they just seemed to give up and go away.

 

out of the blue last week we had another letter from them stating that they had commenced court action against us.

No final warning of letter of intended action.

Just a letter to say they had initiated court hearings via moneyclaim online.

 

Now I know that this is a mess of my own making and that I should have worked a little harder at coming to an arrangement

with one of their Pit Bulls but the fact of the matter is I didnt so here I am facing litigation.

 

What I would like some advice about if possible though is how to defend the claim against me

as I feel I am being shafted by these people to the tune of over £1500.

 

The last statement I had from Capital 1 was for around £3400 owing but these sharks are taking me to court for almost £5200.

I know that I am going to have to pay what I owe and I fully accept that but I can help feeling like someone is taking advantage

of this situation to make a tidy sum at our expense.

 

I have acknowledged the court summons to gain a little breathing space albeit 14 days

but can I ask for a breakdown of the total sum for which I'm being sued?

 

 

The summons states that I am being sued for the following.

 

Amount Claimed £4909.75

Court Fee £185.00

Solicitors Cost's £80.00

Total Amount £5174.75

 

Now I am certain that a fair amount of the original amount they are claiming for contains plenty of charges for missed payments etc

and it appears that I am being charged interest on these charges as well.

Can I contest this, is it legal?

 

I am happy to put my hand up, admit liability to the original debt and make an offer to pay but I'm not sure how to contest the way

in which the debt has been ramped up especially as Lowell's have bought the debt and it looks like they are trying to charge interest

on the amount from way back when it was still in Capital 1's hands.

 

Sorry for droning on, any help greatly appreciated and if I have missed something out or anyone needs more info please don't hesitate to ask.

 

Cheers, Chris

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cant see you've done anything wrong in ignoring them

even if you did start paying, they'd still do court.

 

 

when is this card from?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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indeed. treat the charges reclaim seperatly to defending the action as you will not have time to get teh information needed on the charges to issue a counter claim.

 

UNLESS

 

you have all the statements now and can fill out a spreadsheet and calculate interest in restitution.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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sorry I meant when did you open the account

 

 

can you get that link filled in please

 

 

we need the claimform info.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Here's all the info requested. Please let me know if there is anything else?

 

Name of the Claimant ? LOWELL PORTFOLIO 1 LTD

 

Date of issue – 26 JANUARY 2015

I acknowledged the claim online today at the moneyclaim web site.

 

What is the claim for –

The claimant's claim is for the sum of 5174.75

being monies due from the defendant to the claimant under a credit/store card agreement regulated by the consumer credit act 1974

between the defendant and Capital One (Europe) Plc under account reference 1***************0 and

assigned to the claimant on 30/11/2012 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% per annum (a daily rate of 0.92 from the date of the assignment of the agreement

to 23/01/2015 being an amount of 722.20

 

What is the value of the claim? £5174.75

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

When did you enter into the original agreement before or after 2007? Cannot remember. My last card was valid from December 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.(Lowell Portfolio 1 LTD Plc)

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

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 ? Not really sure, possibly not?

Why did you cease payments? A year or two ago.

What was the date of your last payment? Cannot remember.

 

Was there a dispute with the original creditor that remains unresolved? Only over an affordable repayment option.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a plan? Yes, frequently however they were not exactly helpful.

 

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Sorry I cannot remember when I opened the account. May well have been before 2007.

 

Well you really need to find this information out ASAP!

 

For now you could acknowledge service and defend all!

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You could sign up for a free account with Noddle (credit report service).

 

 

You should be able to find out from your credit report the date the credit card was taken out

as well as have a look at the transaction history which may give an indication of how the amount claimed was arrived at.

 

 

Maybe its just coincidence (cough cough) that they are trying to bump up the amount claimed to exceed the new proposed £5000 bankruptcy limit!

 

 

I've had dealings with Cap One and Lowlife (they tried to make me bankrupt) a

 

 

nd they don't like to play by the rules if they can get away with it.

 

 

In the meantime make sure you get the CPR31.14 request sent to slocitors,

 

 

SAR to Cap One

 

 

I would also send a CCA request to Lowells

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see noddle below

get a CCA request

£1 BLANK PO

don't not sign anything.

 

 

CPR 31:14 request from the legal library top left green tab

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you read the notes in the threads that have those document listed in them.

 

there are other posts below the first post that tell you

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hello again all.

 

I have ended up working away from home for the last two weeks and have been able to give my full attention to my problem above.

 

Upon getting home today after writing to BW Legal and Lowell Portfolio the and requesting a copy of my CCA and a CPR 31:13

 

the only respose I have received is from BW Legal stating that they do not have the required documents and are in the process of obtaining said docs from Cap 1.

 

This being the case am I screwed?

 

It looks like they are stalling and I am going to get ruled against when my time runs out shortly to submit a defence.

 

I guess the next question is,

 

can I apply for extra time for building my defence or....

 

... if its too late for that is it worth appealing if possible?

 

Cheers

 

Ps: I can provide a transcript of the letter from BW if it helps?

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Do not request extension.

 

 

It gives them more time to build a gallows to have you hanged.

 

 

If they can't produce the CCA and your card agreement is pre-2007 they are almost certainly stuffed.

 

Don't worry about your defence.

 

 

If they don't produce the goods you will be able to submit a holding defence forcing them to do so.

 

Look at legal successes threads to get an idea.

 

If you still haven't found out what date your card began best ring Capital 1.

 

 

If you get someone in India who hasn't got a clue ask to be transferred to UK.

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If they can't produce executed [signed] copy of original agreement they can't obtain enforcement in court. Had it been post 2007 they could have got away with a reconstituted version.

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did you go get your credit report?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your def was due 4pm Friday [yesterday]

 

 

so you've filed nothing?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Check claim status at mcol. Unless b w sneeked in at lightening speed, you should still be able to submit up to 4 p.m. Sunday.

 

Look for defences of situations similar to your own : no-paperwork holding-defence.

 

Have your proposed defence checked out before submitting.

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