Lowells/carter claimform OH's old CAP1 Card 'debt' ***Claim Discontinued***

[MadMat]

Name of the Claimant ? Lowell Portfolio LTD

Date of issue – 19/05/15

What is the claim for –

 

The Claimants Claim is for the sum of £400 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference XXXXXXXXXXXXXXXX and

assigned to the claimant on xx/07/2014 notice of which has been given to the defendant.

 

The 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 £400

 

The Claimant Also claims statutory interest pursuant to S69 of the county act 1984 at a rate of 8%

per annum from the date of assingment of the agreement to date,

but limited to a maximum of one year and a maximum of 1000 amounting to 25.00

 

What is the value of the claim? £510 (400 + 25 interest +35 court fee + 50 Solicitors cost)

 

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? Before

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? Not to the best of my recollection

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

Why did you cease payments? Husband became unemployed

What was the date of your last payment? unknown, quite possibly over 6 years

 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? yes, they weren't interested

[MadMat]

This is my Wifes capital one card, which is from the same time as my one, which you all so nicely helped me with on this thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?440002-Cabot-mortimer-claimform-Old-CAP1-Card-debt

 

I've been a bit slow responding to this, due to being very busy, and my wife not telling me she'd received it at first thinking I'd shout at her ;(

 

Service was acknowledged in time, and extension requested

 

CCA and CPR requests are going off in the morning

 

I believe I still have a few days to file a defence?

 

TIA

 

Mat

[fkofilee]

Reported to site team to come help.

 

Do we know roughly how much has been made up in charges?

[fkofilee]

Yes you do. Has she logged on to MCOL yet?

 

She needs to sort this ASAP. You need to defend all and leave Jurisdiction unticked.

[MadMat]

To be honest we were in financial difficulties for quite a while before stopping payments, but carried on paying what we could even if it was less than the minimum, most if not all of the outstanding balance is probably charges and interest on charges.

 

yes MCOL bit has been done

 

She has also tried calling Cap 1 to confirm the last date a payment was made, she's tried three times and all three times been told that they don't have the info anymore as it's been sold on. maybe they've wised up to why people call and ask that

 

I'm pretty sure I would have stopped paying both cards at the same time, which would make this statute barred, but can't prove it right now.

 

Mat

[caro]

Read the linked post and copy and paste the questions with the answers into your thread here so advice can be provided.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4548118#post4548118

[dx100uk]

Go check her CRA file

 

Does the debt. Show

 

DX

[citizenB]

Read the linked post and copy and paste the questions with the answers into your thread here so advice can be provided.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4548118#post4548118

 

 

Details in first post.

[caro]

Details in first post.

 

Oops. Sorry about that.

[dx100uk]

post 8 please

[MadMat]

I've asked her to sign up the free account at noddle. it'll be done when she gets home from work tonight!

 

When calculating the date for filing a defence are bank holidays included?

 

Mat

[AndyOrch]

I've asked her to sign up the free account at noddle. it'll be done when she gets home from work tonight!

 

When calculating the date for filing a defence are bank holidays included?

 

Mat

 

Only Good Friday and Christmas Day....so no.

 

Andy

[MadMat]

OK so I make it Sunday 21st last day to file.

 

better get my skates on!!

 

Mat

[AndyOrch]

Make that Friday 19th....MCOL will role it over to Monday 22nd...if you input over the weekend.

[MadMat]

OK opened a noddle account. Debt is listed, under lowells, shows with a default date Sept 09. payment and balance history only go back about 18 months, presumably that would be when lowells bought the account.

 

We tried one more call to the cap 1 helpdesk, with the same response.

[dx100uk]

try experion free trial

 

 

see if that has anything

 

 

there should be a listing for the OC & the debt buyer

[MadMat]

I'll give it a go, but wife is away now until after the weekend, I've got her MCOL log in to post the defence, not sure if I'll be able to open the experian account without her help!

 

Mat

[dx100uk]

you might need to card details she used for noddle that's all

[MadMat]

Her bank and credit cards are away on a Hen weekend with her, I'll give it my best, but not expecting much ;(

 

Should I start working on a no paperwork / prove it type defence as I'm down to less than 48 hours.

 

Mat

[dx100uk]

wont hurt

plenty of examples here already

 

 

dx

[MadMat]

Well that credit expert isn't very secure! I signed up an account in OHs name using a card in my name (card to one of our joint accounts)

 

I can see an entry from Lowell with the same default date - 09/2009

 

No mention at all of Capital one on the report anywhere I can see

 

Mat

[dx100uk]

and no payment details that far back again?

 

 

dx

[MadMat]

No, no payment details at all. that section of the report only has a 1-12 months tab, most of the others also have 13-24 and 25-72 month tabs

 

Mat

[dx100uk]

darn.

 

 

prob have to file the holding/no paperwork def then.

 

 

dx

[MadMat]

I've slightly modified the defence I used on my own thread (removed the bit about the Sec 78 request being in default as they aren't - yet). is this OK - do I need to address the statutory interest claim?

 

POC for reference

 

The Claimants Claim is for the sum of £400 being monies due from the defendant to the claimant under an agreement regulated by the consumer crediticon act 1974 between the defendant and Capital One under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on xx/07/2014 notice of which has been given to the defendant.

 

The 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 £400

 

The Claimant Also claims statutory interest pursuant to S69 of the county act 1984 at a rate of 8%

per annum from the date of assingment of the agreement to date,

but limited to a maximum of one year and a maximum of 1000 amounting to 25.00

 

 

DEFENCE:

 

I contend the particulars of claim as they are vague and generic in nature. I accordingly set out my case below and rely on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request.

 

2. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the consumer credit Act.

 

3. I deny receiving any Notice of Assignment Pursuant to the Law of Property Act 1925 and the Claimant is required to prove they are able to bring this claim.

 

4. The Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement with the Claimant; and

(b) Show how the Defendant has reached the amount claimed for; and

© Show evidence of service of a Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed.

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Act 1974.

 

7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.