Lowell/? claimform - Old Cap1 card 'debt'

[Browneyes1929]

Hello I'm very new to this.

 

I've received a county court summons with regard to a debt I owe to Capital One credit card for £8500 from Lowell Solicitors.

 

The issue date is 22/7/2016. so the service date is 5 days after that.

 

I went through some financial issues years ago and although I scrape by dog walking (earn aprox £7000 per annum incl working tax credit) (I have MS and am on anti depressants so try to do a job that will keep me healthy but will be flexible enough to take into account my fatigue) nowadays

 

I still have some old debts that i don't have the resources to pay.

this is the biggest one.

 

I did write to them in 2014 (the debt was owned then by Cougar Finance)

telling them my financial circumstances and offering to pay a monthly amount which they refused.

 

Since then Ive stuck my head in the sand and hoped they'd go away.

Now its come to a head.

 

I own my house, got rid of my car years ago as I couldn't afford it.

. Im terrified I'm going to loose my house.

I have not used a credit card in years I wish I hadn't been so stupid in 2013.

 

I have some PPI going back to the 1990s on different loans and credit cards thankfully all paid up, that I hope I can claim back which i could also use some advice on.

 

I have kept every bank statement, credit card invoice and financial paperwork.

I'm a bit of a hoarder.

 

Please advise what I can do. Thanking you in advance

Edited August 1, 2016 by Browneyes1929

[AndyOrch]

Hi Browneyes and Welcome to CAG

 

Take a deep breath and read the following link...then copy and paste the Qs and your responses back here for further advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[Browneyes1929]

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – . 22/7/2016

Date to acknowledge = 9/8/2016

date defence filing = 23/8/2016

 

What is the claim for –

1)The Defendant entered into a Consumer Credit act 1974 regulated agreement with Capital One under the account reference xxxxxx ('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 25/9/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £8242 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £8242

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 daily rate £1.806, but limited to one year, being £659

c) Costs

 

What is the value of the claim? £9411

 

 

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? 4/10/2004

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes October 2014

 

Did you receive a Default Notice from the original creditor? yes 21/02/2014

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Not those exact words but I've received and "Annual Statement" from them

 

Why did you cease payments? I ran out of money

 

What was the date of your last payment? 10/10/2013

 

Was there a dispute with the original creditor that remains unresolved?

I would like to claim back for missold PPi from capital one but haven't done so yet. other than that no not at the time.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managemen plan?

I wrote to Cougar Financial Services who were acting on Capital One's behalf with details of my income and offered £26 per month which is what the citizens advice website recommended I offer. Their response:

 

24/3/2014

"The repayment offer outlined in your recent communication with us in unacceptable. It is not within the guidelines laid down by our client"

[Browneyes1929]

Hi

 

I've typed up the CCA request letter. Just to check

 

do I send that to the claimant AND a CPR31.14 request to the solicitor named on the claim form?

 

or do i send one or the other

[AndyOrch]

Hi

 

I've typed up the CCA request letter. Just to check

 

do I send that to the claimant AND a CPR31.14 request to the solicitor named on the claim form? Yes

 

or do i send one or the other

 

Andy

[Browneyes1929]

I'm sending these letters recorded delivery today.

 

In the CPR31 request I have stated that I'm defending the action.

 

do I now go online and tell the court that I'm defending the action.

 

If so whats my defence,

I did spend the money I just can't afford to repay it all at the moment.

and I have offered to pay monthly but they refused.

 

I am conscious of the timings also I only have until the 10th to notify the court.

[AndyOrch]

You have 33 days in total if you intend to defend the claim in full...19 days to acknowledge service (date starts from the date on the claim form as being day 1)...when you acknowledge service you state your intended plea...if defending in full you then have a further 14 days to submit any defence (33 days in total)

 

So just acknowledge service for now..this can be done online once registered to use the service...password is on the claim form.

 

Andy

[dx100uk]

note that your dates were a day out 9th AOS , 23rd def.

 

 

don't forget to acknowledge the claim on the MCOL website

defend all

leave jurisdiction unticked

[Browneyes1929]

note that your dates were a day out 9th AOS , 23rd def.

 

don't forget to acknowledge the claim on the MCOL website

defend all

leave jurisdiction unticked

 

Thanks for that. I've acknowledged the claim as above and I checked, both letters were signed for today.

[dx100uk]

time to get reading

 

 

dx

[Browneyes1929]

Hi

 

It has been over 14 days since I sent the CCA request and the CPR31.14 and I have had no reply. I am conscious that I have to put a defense in by the 23rd. What happens next?

 

Do I ask again or do I ask the court to dismiss the claim, I'm not sure? I've read some of the forums and it looks like it can get quite complicated. So I want to be sure I'm on the right track.

 

Thanks

[Old Cogger]

you submit your defence do not miss the date, do not ask the court anything at this stage, just see what happens next and if the other side follow court instructions? just make sure you do!

[AndyOrch]

Hi

 

It has been over 14 days since I sent the CCA request and the CPR31.14 and I have had no reply. I am conscious that I have to put a defense in by the 23rd. What happens next?

 

Do I ask again or do I ask the court to dismiss the claim, I'm not sure? No you have no grounds I've read some of the forums and it looks like it can get quite complicated. So I want to be sure I'm on the right track.

 

Simply submit the holding/put them to proof defence...which is widely available in the Legal Success Forum.

 

Thanks

 

Andy

[Browneyes1929]

The allegations

 

1)The Defendant entered into a consumer credit act 1974 regulated agreement with Capital One under the account reference xxxxxx ('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 25/9/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £8242 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £8242

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 daily rate £1.806, but limited to one year, being £659

c) Costs

Is this defense the correct wording and do I need to write anything else to comply?

 

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. Paragraph 1 is noted. I have in the past had financial dealings with Capital One . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. As of this date the claimant has failed to comply with my section 78 request and therefore remains in default of s78.

 

 

3. Paragraph 2 is denied. 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.

 

 

4 .Paragraph 3 is denied. I can’t ever recall receiving any Notice of Assignment from 25/9/2014 or ever having being approached pre litigation with regards this alleged debt.

 

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, 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 how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request.

 

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

 

8. On the alternative, as 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 Consumer Credit Act 1974.

 

 

9. 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.

[Browneyes1929]

I think the file date is tomorrow but I'm filing tonight in case I'm wrong.

[Browneyes1929]

Oh I need to deny paragraph 4

[dx100uk]

yep due by 4pm tomorrow

[Browneyes1929]

Hi

 

I've received copy of a completed "Directions questionnaire (Small Claims Track) from Lowell this morning. The covering letter is dated the 9/9/2016 but nothing is on MCOL. In the letter it says I should have "received a copy of the same for review and completion. The Court will use the information contained in both our copy and yours to make decisions about how the case should proceed."

The form itself has ticked yes for small claims mediation, yes for small claims track, no for expert witness.

 

I still haven't received any reply regarding my CCA and CPR31.14 and I've not had anything from the court since their acknowledgement of my defence.

 

What do I do next?

 

Thanks

[AndyOrch]

Check with your Court and inform them you have not received your N149 /N180 Directions Questionnaire.

 

Andy

[shamrocker]

Don't worry about CCA and CPR

- they're unlikely to send you anything or co-operate with you in the slightest.

 

 

The significance of your CCA and CPR requests will become apparent later.

..in fact you've probably already referenced them in your defence.

 

 

You can show the court that you've taken reasonable steps to validate the claim,

but the claimant has just frustrated your requests for them to prove the debt.

[Ds3Sport]

Would be interested to see how this goes as I have an almost identical situation at the moment, apart from the amount of the alleged debt, which in my case is £4944.61

 

I too have got as far as receiving the completed "directions questionnaire" from Lowell but also have not received a questionnaire myself.

[brown owl]

I got the same today also. Checking if the stay has been lifted.

[dx100uk]

Me thinks Lowell's are trying new tricks here to scare defendants

[Ds3Sport]

Yeah I think they have this idea that if they go down the mediation route people will pay up rather than go to court and risk a ccj

 

 

but, the way I see it is they still have to provide the evidence of what it is they are claiming for.

 

 

If others are like me,

all they will have been given so far is one piece of paper claiming a large sum of money

but no indication how this figure was arrived at.

.apart from legal fees of course.

[Browneyes1929]

I spoke to the court yesterday and a very nice lady said that Lowell had jumped the gun as they had not responded to my defence yet.

She said when they do the relevant forms will be sent to me.

 

I got the impression that even if the court receives what Lowell sent me they won't accept it until Lowell respond to my defence.

 

she also muttered something about these companies sending these out almost in an automated fashion, going through the motions if that makes any sense.