Lowells Claimform - old Cap1 Card 'debt'

[charlie6867]

Hi,

 

I will try to keep this brief, have received county court claim from Lowells for credit card, I have already acknowledged service with intention to defend, sent CPR18 and CCA request but not submitted defence yet still have 2 weeks for that, what I need advice on is regarding the letter I have had back from Lowells as this could affect the defence I put in.

 

They have not as yet produced any documentation that has been asked for and have said I am not entitled to deed of assignment as this is confidential, but below is what they say regarding the account and I paraphrase.

 

The account was opened in 2007. The address they give for where it was opened I did not actually live there until 2009!!, would this have any relevance for defence I can prove that point?

 

The last payment on account was in 2012, however I know that the credit card company took the money out of my account and as I did not recognise the activity on my account because the d/d mandate was so old, my bank recalled the payment and put back in to my account, my question is and this is important, does this constitute a payment as if not it would be SB

 

They also said a default was registered on my credit file in 2012, obviously I have my credit files from all agencies (yes I am that anal lol) but there is no default at all from that date, the only one on there is one put on by Lowells not the cc company in 2014.

 

Any thoughts on this would be really appreciated

[AndyOrch]

Welcome to CAG Charlie

 

Thread moved to financial Legal Issues in view of the court claim.

 

If you could please read the following link and then post the Qs and your responses back here for the best advice on how to proceed with this claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[charlie6867]

Hi, thanks for reply

 

Name of claimant: Lowell Portfolio 1 ltd

Date of issue: 19th Jan 2017

 

Particulars of claim:

 

1.The defendant entered into a Consumer Credit act 1974 regulated agreement with Capital one under account ref xxxxxxxxxxxx ('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 23/11/2012 and notice given to the defendant

Despite repeated requests for payment the sum of £1650 remains due and outstanding.

3.And the claimant claims:

The said sum of £1650, 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 £xxxbut limited to one year being £xxxx

 

Total value of claim; £1960 inc costs

 

Claim issued by Debt purchaser not original creditor

No notice of assignment received

No default that I am aware from original creditor

No statutory notices headed notice of default that I am aware

 

Payments ceased circa 2008

as I left my husband,

he was the guilty party and he sent message with daughter to say he had paid debts,

moved several times after split so any letters either never reached me or could have been sent back as gone away.

 

 

I believe my last payment would have been 2008,

however as my original question posted they have a recalled d/d in 2012,

I do remember getting a snotty letter from Cap one because they had not been paid but I no longer have it

 

No communication entered into with either Cap one or Lowells at any time,

it was a horrible time in my life and I did bury head in sand quite a lot.

 

Have done everything else as suggested

 

Many thanks

[AndyOrch]

When did you enter into the original agreement before or after 2007?

 

You cant send a CPR18 request its not applicable to small claims..only Fast Track.

 

Have you sent a CPR 31.14 and CCA section78 request ?

[charlie6867]

The agreement would have been 2007.

CCA section 78 request sent over a week ago

I did send CPR 18 to Lowells did not realise it was for fast track,but they have written back to say they are contacting cap 1 for the paperwork I asked for.

Will get CPR 31.14 off tomorrow

 

I am doing ok so far?

[AndyOrch]

The agreement would have been 2007.

CCA section 78 request sent over a week ago

I did send CPR 18 to Lowells did not realise it was for fast track,but they have written back to say they are contacting cap 1 for the paperwork I asked for.

Will get CPR 31.14 off tomorrow

 

I am doing ok so far?

 

Yes...its important to use the Correct CPR...edit to suit your particulars of claim and what they have referred to...yes your doing fine.....keep your eye on your defence date...33 days from and including the date on the claim as day 1..

 

Andy

[charlie6867]

Thank you I will, have it all marked up on calendar, just want to give them time to reply before I put defence in as I do not think they will have the paperwork but I want to be seen to be reasonable and give them chance to find it.

 

Do Lowells see your defence once you have put it in to court?

[AndyOrch]

Yes Northampton forward a copy on receipt of your defence...a court or judge does not.

[charlie6867]

Thanks ,that is so good to know, will make sure defence is in on time but will not give them too much of a heads up.

 

Can not say thank you enough for your help you have simplified it so much for me, off to donate now, thanks again will probably be back with more questions as I get further along lol

[AndyOrch]

Post your defence here before submitting....then we can cast an eye over it.

[charlie6867]

OK will definitely do that, thank you:-)

[dx100uk]

might be an idea to go ring cap1 and ask last payment date

 

 

if you can prove it was outside of 6yrs then you can file our statute barred defence

and that should kill the claim dead.

[charlie6867]

This might sound a daft question

but would I just ring Caps 1 general customer service line,

would they be able to find it from there?

 

 

I do have the old card number in question as Lowells kindly supplied that.

 

My only reluctance to do this is because I have a new Cap 1 card which I have had for 16 months,

this new account is in apple pie order and I can afford to pay this balance off if they got funny as I pay it off every month,

 

 

but I would be a bit miffed if I lost this because of Lowells,

but yes it would be a small price to pay to not have a CCJ or have to go to court.

 

 

Thank you

[dx100uk]

yes ring cap1

 

 

dx

[dx100uk]

cap1 are not the least bit interested in your new card

they sold the old one off

and there prob never was a debt anyway

the current claim is nothing to do with them anymore

 

 

dx

[charlie6867]

OK many thanks will put my big girl pants on and give them a call x

[charlie6867]

Well the plot thickens I have rung Cap one today, they were very helpful, ended up being passed over to Nottingham and a manager there.

 

They found account

it had a 1k limit,

it was taken out in 2007.

 

This is the interesting bit,

the lady confirmed a d/d payment had been made in 2012 but for £4768.00., which even with charges would have paid the account off with money over!!

 

I am now waiting for a phone call back as they are having to investigate and no I certainly did not make that payment and she said it was a cleared payment.

 

Either way it is good news because if that payment is nothing to do with me and they re-allocate the payment the debt is statute barred.

 

Also and this for anyone reading the posts,

Lowells have not been in touch and requested anything,

which is good for my defence if I need to go that way as I know they have not got anything.

 

So a bit happier today and will keep chasing Cap one for resolution on this mysterious payment.

[AndyOrch]

As the agreement was assigned to the claimant on 23/11/2012 ....." the lady confirmed a d/d payment had been made in 2012 but for £4768.00."

 

I would assume that this in connection with the sale of the debt.

 

Andy

[charlie6867]

A lot to pay for a c/c debt

 

 

I suppose Lowells could have bought several for that amount,

but that does not make it a payment on that account from me does it?.

 

 

I have still had nothing from Lowells regarding the CCA,

or any paperwork for that matter time is up tomorrow for them.

 

 

Then will sort defence get it written up and let you look at it, many thanks

[AndyOrch]

No nothing to do with you the account holder.

[charlie6867]

Good Morning

 

I am even more confused now lol.

 

I have spoken to Cap one and they have confirmed that the account was taken out at an address in 2007 which I did not go and live in until 2009, and there is a payment of £4786 in 2012 which I know I did not make,

 

because of the discrepancies in the records they have now passed it on to the fraud investigation dept to look into and they will have an answer in 14 days.

 

They have also said they will tell Lowells that it is being investigated.

I can't understand this as I am sure I had a cap one card in 2007

but not at the address they are telling me they have registered

and because they want to investigate they will give me no more info on the account.

 

My question is this my defence needs to be in by the end of the week what sort of defence should I put in, obviously I don't feel I can go statute barred, was thinking of going down the usual lines of having requested info and had nothing back etc woud this be right way to go?

 

Thank you

[AndyOrch]

I think that this will require a customised defence charlie as its not the norm and because of the OCs investigation...under the circumstances I think Cap One should be instructing Lowell to discontinue the claim and take the debt back.

 

Regards

 

Andy

[charlie6867]

Is there anything I can put in to the court to indicate this as I don't want a judgement by default if I don't put anything in to them.

[AndyOrch]

You are submitting as defence as per my last post.

[dx100uk]

I would suspect this might be fraud by someone at your old address when mail went there that you did not redirect