Lowells claimform - old cap1 'debt'***Claim Struck Out***

[cuchiandme]

i wonder can anyone help me?

i had notice of court action from lowells debt agency for an alleged debt of capitol one dating to 2012.

 

this happened around mid september

..i subsequently complied with the court procedure but have asked for proof of debt plus a cca.

 

. i seem to have received .

. a statement of the account.. from capitol one... but nothing else..

 

here is what they say has been enclosed...

it says

"statement and notice of assigment received from client.

agreement and default notice been requested...

..with respect to Deed of assignment

. this is an agreement between our client and the original creditor containing confidential information.

.. and you are not entitled to the information contained in it"....

 

As stated, i requested a cca

... and now.

. the court want me to mediate with these people..

 

but as i say

... i wrote stating

.. only on the requested documents being produced...

what should i do?

[martin2006]

You will never get the deed of assignment, only a notice of assignment.

What defence have you filed?

 

Tis good that you have sent a cca request, when did you take the C1 card out? Check noddle and clearscore for account start date.

 

Have you sent the acting solicitors a CPR 31:14? If not do so now.

 

Agree to mediation, i am assuming you are currently at N180 stage with claim being allocated to small claims track?

 

Can you post the PoC from the claimform verbatim please?

[dx100uk]

Lowell appear now to respond to any CCA /cpr saying you wont get the deed

So might not be fmotl based

 

We need to see their poc

And the defence you filed please

[cuchiandme]

hello martin...

i defended in september stating i wanted the cca and i forget other thing.. cpr something..

 

the card i think was taken out in 2008

... i would need to check up on it..

i was going through mental issues and relationship breakdown, so its fuzzy..

 

i believe what they are doing right now is seeing if small claims is the way forward now.

.. i received documents today..

. which really amount to me confirming if i want to go down that line..

. lowells ofcourse agreed to it

... i had sent a reply stating i want to see the cca.

.. which i requested as per my defence originaly.

 

 

..that was a few days ago..

. i attached a note saying i will agree to mediation subject to this being produced and that other cpr thing.

. so with this reply today..

. they have not taken that into account.

.. whoever is running the show..

. they only want me to agree to mediation...

now, if i dispute the case.

.. why would i mediate?

its like accepting my default...

 

i'm afraid i dont know what "poc" is,

nor can i upload on this old computer,

i got nothing i can do it with.

..i hope i can still get advice?

[martin2006]

The PoC is the particulars of claim and its whats written on the claimform, just type it in please.

 

Once youve done that please go and read some other lowell/cap 1 threads to see how we work here.

[cuchiandme]

assigned to claimant on 6/12/2012

entered into consumer credit act 1974...they claim interest

[AndyOrch]

assigned to claimant on 6/12/2012

entered into consumer credit act 1974...they claim interest

 

Noooo theres a lot more to it than that...please do not edit particulars of claim...we require it verbatim.

 

Andy

[cuchiandme]

ok here goes..

 

1.the defendant entered into a consumer credit act 1974 agreement with capitol one under account reference XXXXXXXXXXXXXXX("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 6/12/2012 and notice given to the defendant.

 

4/Despite repeated requests for payment,

the sum of XXX.XX remains due and outstanding.

 

And the claimant claims a/the said sum of XXX.XX

b/interest pursuant to s69 county courts

Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue.

accruing at a daily rate of 0.137, but

limited to one year, being XX.XX

c/ costs

Edited December 1, 2016 by dx100uk

[AndyOrch]

And your defence that you submitted please cuchiandme

[cuchiandme]

Defendant

 

CASE SUMMARY

 

1. I am the Defendant in this case.

 

2. On 21.09.16 the Claimant wrote to the Defendant requesting repayment of an alleged debt, they had been assigned by NAME OF OC.

 

3. On 13.10.16 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment.

 

4. On 17.10.16 the Claimant responded to the Defendant's letter , stating "A copy of the agreement, statements and default notice has been requested from the original creditor, Capital One and the same will be forward to you upon receipt." Also that i am not intitled to view the deed of assignment.(no default notice received at time of writing)

I sent defence letter to court.

 

5. On 18.10.16 i wrote to lowells solicitors requesting a cca.( copy sent to court)

 

 

 

. On 16.09.16 the Claimant submitted a claim to Northampton County Court stating their particulars of claim.

 

. I returned the Acknowledgement of Service on 23.09.16

[dx100uk]

god where did you get that from?

not here

oh well served the purpose.

 

 

so you sent the form back and agreed to mediation

that good

so now the mediation team will ring you

and ask the std questions.

 

have you all the documentation to proceed:...

 

 

 

you say no.

 

 

I gather you've not got an agreement back?

for 2008 they'll be no signed agreement just a tickbox as you signed up online I expect?

 

 

dx

[cuchiandme]

bear in mind, i am no lawyer/solicitor..

. i suffer various mental ill health issues.

. i have not totally agreed to mediation..

 

. i stipulated that the cca must be forthcoming as per my defence..

. before i would do mediation

 

..i dont know what documents you refer to.

.. its crucial i know what to do about this..

. as i say no cca yet

[dx100uk]

as I said, you've not really done anything wrong.

you've agreed to mediation, which is what you should do anyway.

 

the mediation service will now ring you to arrange mediation

when they do

just like that form you sent back..

they will ask several questions.

 

one of which is:

have you all the requested paperwork..

you'll answer NO

mediation will fail.

 

case will go to allocation.

 

do you have a scanner?

like to see the paperwork lowells have sent to date in reply to your requests please

[cuchiandme]

i dont have scanner.

the only thing i am in receipt of from them is a statement of account...nothing else.

 

i believe i can ask for an unless order?

as far as i know i wrote originaly in letter form to the court,

this was first part of my defence, requesting cpr18.

 

..i believe an unless order can then strike this case out if they dont comply within a certain time ..

 

.. but what about the cca?

 

can i ask for unless thingy now?

 

where do i get form?

[dx100uk]

no you cant

 

let it run.

 

if they have not replied to your CCA request

that's fatal for them.

 

no people are not saying different things

 

read what I have said PROPERLY

 

mediation WILL FAIL

as you do not have the correct paperwork..

pay attention at the back please........

[cuchiandme]

i get people telling me different things, its so confusing.

 

"if they have not replied to your CCA Requesticon

that's fatal for them."

 

and that said... i still need to do mediation?

 

yet i still have to agree to it even though the requested documents have not materialised?

[dx100uk]

no

the mediation service HAS to abide by rules

one of those is have you received all the required paperwork?

 

when you sent the form back, you were still awaiting document returns

but all parties should agree to mediation regardless.

 

the fact remains that you don't have them,

you were hoping [well not really!] that they came in the period before mediation actually came about

they haven't

they will fail mediation on the above point.

 

not your problem!

[cuchiandme]

oh i see , thats some solace, only wish it was all over

[cuchiandme]

if they fail mediation by this reason, then what?

[martin2006]

Go read the previous posts cuchi, if mediation fails (which it will if you have not received all the paperwork by then) then it will be allocated to small claims track and proceed to court.

 

Thats the next step, so as not to cause confusion, we wont go any further than the next step for now.

[cuchiandme]

hello martin,

i just called the mediation people, and i was told that because lowell have not produced all documentation.. the case can not be suitable for mediation right now. and so it goes..

[Old Cogger]

case referred back to the courts for next allocation/procedure

[cuchiandme]

If lowell get the documents cca and cpr something... What then?

[dx100uk]

you scan them up and we check them for enforceability

 

time to get reading up on like threads now

 

cag is about self help too.......

[cuchiandme]

is it too late to re-send requests for cca and cpr18?