lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***

[notdoneyet]

Hi Everyone,

 

After some advice please if you have the time, please reply.

 

My situation as it stands:

 

Court papers received from Lowell Portfolio 1 LTD (assigned from CAP 1) claiming the full amount owed on the credit agreement.

 

I was three weeks off being 6 years since defaulted so clearly this is a final ditch attempt.

Had to stop paying 6 years ago as was unemployed with no income and huge debts.

 

Previously requested SAR & CCA from CAP 1 and all they have ever provided is a new copy template agreement, no signed documents.

They have repeatedly stated 'this is your credit agreement with us' and that is it.

 

Requested a PPI reclaim from CAP 1 in 2009 which at the time with 8% interest amounted to just under half the debt amount overall.

PPI and unlawful charges claim resulted in an offer of £16 for unlawful charges.

I was self employed at the time of the card application and PPI would not have been suitable for me.

 

So what is my next step?

 

I can counter claim, which I am happy to do if required, for the PPi and unlawful charges.

 

Can I go down the road of non-enforceable because of no Credit Agreement?

 

or is there another way forward?

 

I am currently a carer for my disabled child and whilst I own my own home it is in negative equity.

 

Thanks for reading.

 

Bobby

 

I should also point out, having looked again at my SAR response from them:

 

'We are not obliged to send an original signed copy of the a credit agreement.

However, under section 78 of the Consumer Credit Act 1974, we can provide you with a copy of the credit agreement as varied, upon receipt of a £1.00 payment'

 

So they have never sent me any signed CA with my signature on it. Is my next step to do a CCA to Lowell asking for this?

 

Can they continue onto court and have a judge enforce this 'agreement' if they dont have any signed paperwork?

 

I am panicing now as I am not sure if the correct thing is to contact them and acknowledge the debt at all.

 

Thanks.

[SabreSheep]

When was the account opened? this question could change a lot

[notdoneyet]

Hi,

 

The account was June 2005 I believe.

 

The PPi only started in October and they have never provided evidence as to how it started as I never asked for it.

 

My SB date is three weeks off, but I have just found a letter from them in 2009 that states they cannot enter into any agreement to repay as they have already issued a default notice and this letter is dated 6 years ago last week? Even though what is showing on my credit file is a later date for default.

 

Which is it? Could I argue that this is already a SB account based on the letter received in 2009 from CAP1?

 

I did continue to make £1 token offers for two further months, but these were sent along with letters stating I do not acknowledge the debt as they have long been sent my original CCA requested and had failed to supply a signed agreement.

 

So by paying the £1 payment is that akin to me acknowledging the debt?

[colin11]

You say you was three weeks off being 6 years since default, have you got that date from your credit file ?

 

What was the date of your last payment to them, if it was before the default, it could already be statute barred

[notdoneyet]

Hi,

 

Rough dates, the last proper monthly payment was Nov 2008, subsiquent to that, £1 token payments were paid for approx 6 months, sent with letters stating that I do not acknowledge the debt.

 

CCA sent Feb 2009 and the account has been in dispute since then as they failed to provide a signed agreement.

 

And yes the default date is from my credit file. I have a 'notice of default' letter from them stating the same date, but also a letter previous to that DN stating that they had already served a defaut notice on this account.

[Bazooka Boo]

So the last payment was Nov 08?

[dx100uk]

moved to the legal forum

forget the PPI & charges

only POSS useful under mediation.

 

 

can you fill this in

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

and post

the questions and answers back here please.

 

 

get a new CCA request off to lowells ASAP

and a CPR to the sols

who are they BW or farters?

[notdoneyet]

Yes bBoo - Nov 08.

 

DX I will complete that now and do as you say, have been reading around some other members similar situations since my last post so apologies for not seeing this quicker.

[notdoneyet]

Name of the Claimant - LOWELL PORTFOLIO 1 LTD

Date of issue – ) - 19TH MAY 2015

What is the claim for –

 

THE CLAIMANTS CLAIM IS FOR THE SUM OF XXXX.XX BEING MONIES DUE FROM THE DEFENDANT

TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

BETWEEN THE DEFENDANT CAPITAL ONE UNDER ACCOUNT REFERENCE XXXXXXXXXXXXXXXX

AND ASSIGNED TO THE CLAIMANT ON XX/XX/XXXX

NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. T

HE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT

AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

 

AND THE CLAIMANT CLAIMS XXXX.XX

 

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO XXX.XX

 

What is the value of the claim? 2766.98

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? JUNE 2005 I BELIEVE

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 TO LOWELL

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I BELIEVE 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 ? NO

Why did you cease payments? - FINANCIAL DIFFICULTIES

What was the date of your last payment? NOV 2008 plus continued to make token payments of £1 to May/June 09

Was there a dispute with the original creditor that remains unresolved? YES, NO SIGNED CA SENT, PPI AND UNLAWFUL CHARGES

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? YES AND OFFERED & PAID £1 per month for 6 months

[Bazooka Boo]

Then if your last payment was 08, this was SB last November, or am I missing something?

 

That will be your defence...

[notdoneyet]

Even if I made token payments of £1 for the next 6 months?

[Bazooka Boo]

Thats why I asked when the last payment was made toward the debt.

 

So WHEN was the last payment you made towards this? April 2009?

[notdoneyet]

june 2009 £1 payment

[dx100uk]

debateable

 

is this on your credit file

see noddle

often has payment history

 

have you ack'd the claim on MCOL?

[notdoneyet]

will check credit file now

 

Not yet responding to mcol no.

[Bazooka Boo]

june 2009 £1 payment

 

OK now I'm with you....

[notdoneyet]

Experian simply shows lowell having marked 1 payment I assume on the assignment date for the full amount they are owed. CAP 1 arent listing any longer

[dx100uk]

prove your last payment date if you can

add 1 month

and if the claimform date is +6yrs from that

I'd file the SB defence dx

 

get a new cca request off to lowlife today

blank £1PO

don't sign anything.

 

CPR 31:14 to the sols too

[notdoneyet]

Thanks DX.

 

Do I risk phoning Cap 1 and find out when the last payment they received is showing?

 

 

Could that stop me going SB as I would have acknowledged the debt?

[dx100uk]

nope

nothing to do with cap1 anymore they've sold the debt.

 

 

you cant ack anything by phone

only by signed letter or payment.

 

 

dx

[notdoneyet]

are the £1 payments classed as acknowledging the debt

when I have sent a letter along with them stating that the payment is made as a gesture of goodwill without prejudice

whilst I waited for them to fulfill my s78 request?

 

I just wonder that if this classed as acknowledging the debt

and therefore I cannot go down the SB route

then is my only hope an unenforceable agreement on the basis that they haven't supplied anything with a signature?

[Bazooka Boo]

Yes you've acknowledged the debt by making token payments.

 

UNLESS it was SB prior to you making the GOGW payments, then every time you paid you reset the clock.

 

IF the payment was the stat fee for the CCA then NO, that will not reset the clock.

[notdoneyet]

well by the sounds of things all I have going for me then is the lack of Credit Agreement.

 

 

Im worried about losing my home as that is the only asset

(if you want to call it that for the amount of negative equity I am in) I have.

[dx100uk]

if you go look in the successes forum

 

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

 

the fact of no CCA will almost certainly kill the claim

if its an account pre apr 2007.

 

you £1 tokens, without pred will sadly count

 

[edited wrong thread]

 

did you send a new CCA request?

 

 

dx

[notdoneyet]

if you go look in the successes forum

 

http://www.consumeractiongroup.co.uk...egal-Successes

 

the fact of no CCA will almost certainly kill the claim

if its an account pre apr 2007.

 

you £1 tokens, without pred will sadly count

 

[edited wrong thread]

 

did you send a new CCA Request?

 

 

 

dx

 

 

DX sorry to sound confused,

 

My account was started mid 2005, but you are saying only post 2007 accounts with no agreement would be killed?

 

I have found that the token payments have been made until July 2009, but only ever to CAP 1, I have never replied to lowell, CCA'd them etc - I have never acknowledged the debt to them in any manor or ever contacted them.

 

How can the debt be SB prior to me making the £1 token payments? Do you mean from the time I first stopped making my agreed monthly payments? In that case yes, I stopped making them in NOV 2008 due to financial difficulties.

 

Im sorry if I am going round in circles, my head is pickled today and this isnt my only debt which is in the hands of Lowell, so I am worried that this is the start of worse to come. Thanks.