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Lowell/? claimform - old Cap1 card 'debt'


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Just trying to file defence for behalf of my otherhalf while away from UK on break.

 

It is correctly timed by lowell to mis during the festive period.

 

I dont know it might be last day to file it so need urgent responses please.

 

it was issued on 22/11/2016 and i filed AOC

 

I have already sent Lowell CCA and CPR request a week ago.

I will try to attach PoC here otherwise i will type it

 

Added POC

PoC.pdf

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defence due this friday by 4pm.

 

use our search CAG box of the top red toolbar

 

Lowell claimform card.

 

use the no paperwork/holding defence

post it up here first mind!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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THanks, I have drafted as below, hope its ok

 

1)The Defendant entered into a*consumer credit*Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxx (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 12/03/2015 and notice was given to the Defendant.

 

(4)Despite repeated requests for payment, the sum of £2,228.63 remains due and outstanding.

 

And the Claimant claims*

(a)The said sum of £2,228.63.63*

(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 of £0.488,

but limited to one year,being £178.29

c) costs

 

#####Defence######

 

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 an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the*claim form the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.*

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

8. As per*Civil Procedure*16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. 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

 

10. 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.

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that's for later

let andyorch check the defence

and when done

you copy and paste into the MCOL website

 

 

check it is working

as it usually fails over the holiday period

if its not allowing you to log in

we have an email address you can use

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

 

did they^^^^

if not remove the blue bit

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Removed and sent email, if i get acces to MCOL is it worth filing defence there too after 4:00 now?

 

 

anytime wont hurt

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Removed and sent email, if i get acces to MCOL is it worth filing defence there too after 4:00 now?

 

You have already sent it to MCOL...(defence was correct )

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

Thanks it was accepted via email by court. They have sent the acknowledgement.

No Reponse to SAR and CCA request from Lowell apart from letter they stated they have requested information from original creditor

 

We have now received from Lowell copy of Directions Questionnaire(Small Court Track) for mediation they have filed with court.

What would be our response to when i receive from court, do we agree or not ?

 

 

also made my first donation to the site, it deserve our support!

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Sar?

Why was that sent and too whom?

Should have been a cpr31:14 to the sols.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes you agree to mediation also...unless its statute barred or its not your debt

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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good job!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 weeks later...

yes to mediation

the rest is obv

you don't have to sign their copy [sols] nor give them phone no's or emails etc

only the courts copy

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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