Lowells Claimform - old Cap1 Card 'debt'

[stephenXL]

Hoping for some help here.

 

Friend has had claimform served.

 

Needs to delay the process.

 

claimant is Lowells acting as assigned for credit card debt with Capital One.

 

Should he still apply to Lowells to produce a signed copy of the Credit agreement and a statement of accounts etc., under the Consumer Credit Act 1974 for the fee of £1.

(don't want to restart the 6years rule).

 

As I understood it from the past, the lack of an exact copy of the original signed Credit Agreement may render a "debt" as unenforceable.

 

Would this be reason enough to stall the court process and avoid the CCJ actually being issued?

[BankFodder]

Your friend should certainly apply for a CCA. If one is not forthcoming then they would not be entitled to begin a claim until one was eventually found – if at all.

[AndyOrch]

Thread moved to Financial Legal Issues..please continue to post here to your thread.

 

 

Stephen if you could read the following link which explains the process and what you need to request.

 

Also copy and paste the Qs and your responses back here then we have all the information in one post.

 

Please copy the claimants particulars verbatim...

 

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

 

Regards

 

Andy

[stephenXL]

Thanks for getting back on this.

 

My friend has 14days to reply to the court,

so does he simply return the dispute form stating he has made an application to the claimant(Lowells) for the CCA?

 

 

If so, would he need to send a copy of the letter he sends to Lowells with the dispute notice?

[AndyOrch]

Thanks for getting back on this.

My friend has 14days to reply to the court, so does he simply return the dispute form stating he has made an application to the claimant(Lowells) for the CCA? If so, would he need to send a copy of the letter he sends to Lowells with the dispute notice?

 

No...please read and complete the above.

[stephenXL]

Ok, I shall follow your instructions.

Thanks

[stephenXL]

Name of Claimant : lowells

 

 

Issue date: 16 Feb 2017

 

Particluars of Claim

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One under account reference .......("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 24/06/2015 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £860.40 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £860.40

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 £0.189, but limited to one year, being £68.83

 

c) Costs Total £1059.23

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? It was 2010.

 

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. lowells

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

A: 16 July 2015 Letter from Capital One informing that the account sold to Lowell Portfolio I Ltd

26 June 2015

 

Did you receive a Default Notice from the original creditor?

A: Notice of Default served under section 87 (1) of CCA 1974. Dated 18/06/2014 from Capital One

 

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

A: Notice of Sums in Arrears from Capital One dated 22/05/2014, not seen any since then

Why did you cease payments?

A: Depression following a messy divorce, 3 adolescent dependents to take care of too as a result.

 

What was the date of your last payment?

A: About January or February 2014

 

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

A: No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into debt management.

A: Yes, contacted Capital One by phone at the beginning of 2014 asking for interest to be frozen, financial difficulty as result of depression etc. This was by phone, so have no written confirmation.

[dx100uk]

ouch i'll be honest here and say this could get sticky

its a 2010 sign up, so probably online?

 

and they'll be able to use a recon agreement too.

and with a last payment of 2014 theres no SB route .

 

in addition to the below, id get an sar running to cap1

there could be lots of penalty charges/PPI? to offset this figure

as I suspect this might have to result in a tomlin.

 

but lots of water under the bridge to go yet.

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[stephenXL]

Having spoken to my friend,

it is his belief that he did not sign up on-line for this credit card.

Fairly sure it was done by post.

 

Moving on then:

 

He goes ahead with the SAR.

and also the CCA along with the CPR 31:14?

 

I will get him to sign up on MCOL tomorrow to acknowledge

[AndyOrch]

Chop chop Stephen..the CCA/CPR should have already gone on the 19th

 

Andy

[stephenXL]

Just remind me please CCA goes to Lowells? CRP 31:14 goes to Lowells solicitors? SAR goes to Cap One, and he must sign this?

This will all have to be done tomorrow.

[dx100uk]

no need to remind you......

you need to read your thread

its here already..post 8 .............

[stephenXL]

OK.

SAR to Cap One, CCA to Lowells, CPR to solicitors. All going Guaranteed delivery first thing. MCOL done too.

[dx100uk]

why sar?

where have we said that??

other than it might be useful to gander stuff to offset the claimed total...

[stephenXL]

post #8

[stephenXL]

However the SAR has not gone to post yet.

[dx100uk]

yes but the sar might only be useful to offset stuff IF they get a CCJ..

 

 

 

 

see how it progresses

[stephenXL]

Should the SAR wait for the time being then?

[stephenXL]

Hi,

MCOL AOS done and all other boxes ticked as suggested,

 

CCA, SAR and CPR31:14 all posted by recorded delivery.

Signed for in each case on 2/3/2017.

Clocks ticking.

 

What should be done next?

 

When do we file the defence as such?

 

Thanks.

[dx100uk]

Day 33 from date on claim form whereby that's day1 in the count

[stephenXL]

Hi,

Lowells Solicitors have responded to the letter sent to them (make no mention of CPR31:14), noting the intention to defend, extra 14 days blah blah.They then go on to say:

"This account will be placed on hold until we have received the requested documents from the original creditor Capital One in relation to the account opened xx/xx/2010.The copy agreement, statements and default notice will then be forwarded to you upon receipt."

 

"We enclose the letter of assignment dated xx/xx/15 for your perusal. The Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and our client."

[AndyOrch]

Template response...with your name and address added...and BTW you didn't request the Deed of Assignment..you requested the Notice of Assignment...hence its enclosure.

 

 

Andy

[stephenXL]

Thanks Andy,

Should the copy of that "assignment" be so stated.

 

 

Because what they've sent does not say "Notice of Assignment".

 

 

The letter states only that Cap One no longer own the account and that the account is now owned by Lowell.

[AndyOrch]

Notice of Assignment can come from either the assignor or assignee but it must conform with s.136 Law of Property Act 1925....and contain all the required prescribes of the account and amounts.

[stephenXL]

CCA request was received and signed for by Lowells on 2nd March.

 

They have not responded.

 

What should we do now?

 

Also we are getting very close to having to file a defence to court, issue date 16th/02/2017.

 

Am I right to say that we have to do that during this weekend?

 

Not sure.

 

Thanks