lowell/? claimform - Cap1 Card 'debt'

[alymac]

Hi

 

I've received noticed of a claim from lowells on behalf of capital one.

 

It's not mine but my partners who it terrible with money and buries her head every time it gets hard going.

 

I'm slightly better on dealing with things but struggle with understanding what is required to do.

 

In have registered with moneyclaim on line and requested for more time! Claim was issued on 24th March and we have been away dealing with the passing of my dad!

 

Claim is £2400 in total

[theoldrouge]

Please read and fill out the following link

 

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

[AndyOrch]

Thread moved to Financial Legal Issues in view of the claim received.

 

Regards

 

Andy

[renegadeimp]

Also, you state:

 

I've received noticed of a claim from lowells on behalf of Capital Oneicon.

 

It's not mine but my partners who it terrible with money and buries her head every time it gets hard going.

 

Did YOU recieve the claim? Is the debt a joint debt, or was it solely in her name?

[alymac]

Also, you state:

 

 

 

Did YOU recieve the claim? Is the debt a joint debt, or was it solely in her name?

 

 

It's only in her name

[martin2006]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=62200&d=1458776047

 

 

Please copy and paste the text and answer all the q's ( use a different colour, red looks good!)

[renegadeimp]

It's only in her name

 

And was the claim in YOUR name? Fill in the link as requested too.

[alymac]

Name of the Claimant ? LOWELL PORTFOLIO

Date of issue – 24 March

 

What is the claim for –

1 )The defendant entered into a consumer credit act 1974 regulated agreement with capital one under account ref ********** ('the agreement')

the defendant failed to maintain the required payments and a Default Notice was served and not complied with.

2 )the agreement was later assigned to the claimant on sep-2014 and notice was given to the defendant.

despite repeated requests for payment,tge sum of £2000+ remains due and outstanding.

3.And the Claimant claims

a)the said sum of £2000+

b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of Assignment to the date of issue,accruing at a Dailly rate of £0.468, but limited to one year,being £170.69

c) costs

 

What is the value of the claim? £2500

 

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? AFTER

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES I BELIEVE SO

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? UNKNOWN

 

Why did you cease payments? NOT SURE

 

What was the date of your last payment? NOT SURE

 

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

 

Did you communicate any financial problems to NO

[alymac]

And was the claim in YOUR name? Fill in the link as requested too.

 

No only in my partners name! I'm only trying to sort it for her!

[AndyOrch]

As you have already acknowledged service of the claim ...next task is to get a CCA request (section 78) asking for a copy of the agreement and also a CPR 31.14 request for any documents referred to within their particulars.

 

Follow the instruction provided in the link above.

[martin2006]

CCA to Lowells

CPR 31:14 to the solicitors acting for Lowell

[alymac]

Cpr 31:14 sent 11/04/16

CcA request sent 11/04/16

[martin2006]

Don't forget your defence needs to filed by 4pm on 25th April (Monday)

[alymac]

Don't forget your defence needs to filed by 4pm on 25th April (Monday)

 

Thanks! Not looked into the defence yet! Was hoping to check over statements first.

 

I start some research this week any pointers! On the little info I can get out the wife is its all charges and fees!

[AndyOrch]

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

[alymac]

defence deadline 25th april, sorry it copied from another thread along the same lines, might need alot of reworking?

 

also my other half has took a call from lowell, asking if defence has been submitted! she offered her a payment plan and the court claim would be stopped, she agreed and has just told me this, ive just hit the roof!!!

 

1 )The defendant entered into a consumer credit act 1974 regulated agreement with Capital One under account ref ********** ('the agreement')

2. The defendant failed to maintain the required payments and a Default Notice was served and not complied with.

 

3 )the agreement was later assigned to the claimant on sep-2014 and notice was given to the defendant.

despite repeated requests for payment,tge sum of £2000+ remains due and outstanding.

And the Claimant claims

 

a)the said sum of £2000+

b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of Assignment to the date of issue,accruing at a Dailly rate of £0.468, but limited to one year,being £170.69

c) costs

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. 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.

 

3.Paragraph 2 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this..

 

4. Paragraph 3 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

5. 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; 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;

 

6. 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.

 

7. 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.

 

 

8. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

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

Edited April 24, 2016 by alymac
more info

[dx100uk]

has any payment been made on this card since march 2010?

[alymac]

has any payment been made on this card since march 2010?

 

Yes

[AndyOrch]

Particulars paragraph numbers altered to fit the defence:-)

[alymac]

Particulars paragraph numbers altered to fit the defence:-)

 

Thanks

 

I have emailed the defence above to the court.

[dx100uk]

no file it by MCOL alymac

[but not the red bits!]

[alymac]

I could not log on for some reason! Tried for about three hours!!

 

Just ended up emailing it.I did ask if that was ok! No red text sent!

[alymac]

Defence now acknowledged by courts .

 

 

But on a side twist the wife has spoke to lowell and between them came up with a preposed tomlin order of 20pcm (will take over 10 years to repay so can see that working)

 

It's not been returned thankfully! I want them to carry it on to the court stage. Can I just ignore it or write to them explaining it's not acceptable?

[martin2006]

If its all charges and fees then that would explain why they might accept a tomlin order of £20 pm on a £2400 alleged debt.

Was anything done in writing re the TO or was it verbally over the phone, i think you should carry on with the court process and push for ckaiming the charges and fees back plus restitutionary interest

[AndyOrch]

" Can I just ignore it "

 

Yes if you wish..until you sign it and return it....its irrelevant.

 

Andy