Lowells claimform - old cap1 card debt

[brumbod1]

Sorry Guys first time of using this so I apologise if its a bit of a ramble

 

In 2002 I took out credit card with Cap 1 my credit limit went up to £1200

 

all was ok till around 2007 when I was at my limit but not over

when interest and insurance payments took me over the limit I carried on making payments

but now I was getting over limit fees as well as the interest and insurance charges.

 

In 2008 due to the economic climate my employers cut all overtime and bonus payments to preserve jobs.

 

 

I could not at the time afford to clear the over limit amount despite speaking with cap1 about the fees they were charging I was told I need to clear the over limit to stop any further fee

so with a balance of approx. £1800 I stopped (poss. wrongly) payments as the actual loan amount must have been paid and the rest was just interest charges and insurance.

in 2009 my account was defaulted with a balance of £2150

 

fast forward to 2012 when my account was sold to Lowell.

they contacted me

 

 

I sent a letter saying I do not acknowledge any debt. to them

in my opinion the balance was charges and interest and insurance and I suggested they contact Cap 1 for payment

I also requested copy of my agreement and a list of charges etc.

I never received this.

 

I would receive the occasional call from them I would say im not paying put any comments in writing

 

I have now arrived home from working in Scotland to a county court summons dated 16 March from Lowell Solicitors on 2nd April I have sent an acknowledgement disputing the claim.

 

I now have until the 14th to file my defence this is where I need your help do I have a defence?

 

another prob I think I have is I have shredded all old paperwork its over 6 years old and I have changed bank accounts so I have no access to payments etc.

 

you help would be appreciated even if its to tell me I need to pay up

 

thanks

[Old Cogger]

send a CCA1974 request to lowells with a £1.00 postal order recorded delivery, also send CPR31.14 ( No charge) to the solicitors, sure DK or Andy will pop in to guide you on defence

[BankFodder]

Well you done the right thing by filing an acknowledgement.

 

You should send of an SAR immediately to Cap 1 and also send roles a statutory quest for a CCA.

 

You should also send an SAR to whichever bank was used to make payments because you need to get all the information you can about the charges and so forth.

 

Was there any PPI attached to this card?

 

Also, it is highly probable that the charges which were levied were levied at a rate which exceeded the OFT maximum of £12. These are all reclaimable.

 

Are you saying that you have not made any payments towards this account or acknowledge the debt in any way since 2009? If that is correct then clearly the debt is statute barred.

 

In that case would simply be that you deny the existence of any debt and that in the event that there is a debt then it is statute barred.

 

It is a shame you have not made clearer arrangements about receiving communications which are sent to you while you are working away. You would have had time to request a CCA and if that had not been forthcoming – which are properly won't be – you would have included the lack of a CCA in your defence as well.

 

Sent off the SAR's because now they have decided to raise their heads on this, you may well find that there is a basis for claiming some money back from them.

 

Get them off tomorrow. Don't hang around

[unclebulgaria67]

Please read this link, as is important you underatand the process.

 

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

 

In post #1, there are a number of questions and it would be helpful, if you would copy/paste these questions to your thread and to supply the information. This will be very helpful as your claim progresses, so you can receive appropriate help.

 

As advised you need to send letters.

 

Subject access request to Cap1 for copies of everything, but specifically ask for copies of all statements.

 

CCA request to Lowells for a copy of your credit agreement, which Lowells need to supply.

 

CPR 31:14 letter to Lowells Solicitors asking for copies of all documents mentioned in their particulars of claim.

[dx100uk]

go ring cap1 and ask last payment date.

 

if you are 1000% sure you've not paid anything in 6yrs and not signed any letters to anyone

 

I'd go file this sb defence on the mcol website now

 

E&W

....

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

no need to waste money or send any letter to anyone

 

its for the claimant to prove its NOT SB'd

not for YOU to prove it is!

 

 

dx

[brumbod1]

Many Thanks guys for your help so far it is much appreciated

 

I have done what DX suggested sent a statue barred defence in

the court have acknowledged and said the Lowell solicitors have 28 days to reply or their claim will be struck out

(not quite sure what that means)

 

I did send the CPR 31:14 to Lowell Solicitors requesting copy of agreement, Letter of assignment and default notice

 

they have replied sending a letter of assignment from Lowell Portfolio1 to them Adding they have approached CAP 1 for the agreement ETC

 

I did reply and ask for the letter of assignment from Cap 1 to Lowell P.

That was it its gone very quiet worryingly !!!!

[dx100uk]

read the court letter properly

didn't say struck out...stayed??

 

 

what date did you date did you file the SB defence....?

 

 

you should not writing to anyone bar CCA/CPR and that's pretty much pointless on an SB debt/defence