Lowell Solicitors claimform - - Cap one CC debt

[Lillychick]

Hi everyone, it's been a while since I've been here. I'm dealing with the above for a family member.

 

I have already acknowledged service on MCOL and ticked defend all.

 

 

Am I correct in thinking the next steps are CCA to Cap One and CPR31.14 to the solicitor?

Do I need to SAR anyone?

 

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 07 April 2017

 

What is the claim for –

 

1. THe defendant entered into a Consumer Credit Act 1974 agreement with Capital One under account reference xxxxxxx (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 26/09/2013 and notice given to the defendant.

4. Despite repeated requests for payment the sum of £3xx.xx remains due and outstanding

And the claimant claims

a. The said sum of £3xx.xx

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 £0.076, but limited to one year, being £27.xx

C. Costs

 

What is the value of the claim? £46x.xx

 

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? I am unsure of this. After

 

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. Lowell Portfolio ltd

 

 

Were you aware the account had been assigned

did you receive a Notice of Assignment? No notice of assignment was received

 

Did you receive a Default Notice from the original creditor? Family member doesn't recall

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? One was received a few months ago but none prior to that

 

Why did you cease payments? He was made redundant from his job and was struggling with a few debts he had at the time

 

What was the date of your last payment? Sime time in 2011

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

 

Thanks in advance

[dx100uk]

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

[dx100uk]

get him to ring cap1 ask last payment date

[Lillychick]

I shall get him to ring Cap one. I'm not convinced his last payment was in 2011, I don't imagine that's correct with the default date. The default date matches his credit file. So possibly the last payment was later.

 

CCA And CPR Ready for the post office on Saturday. As always, many thanks for your reply. I shall update the thread when I have news.

[dx100uk]

see if you can get the last payment date sorted before you post them

you might not need too

if its SB'd

[Lillychick]

Unfortunately it would seem not. I managed to pin down said family member this morning. I've looked at his credit file myself.

A/C start date was 06/04/2011

Date of default 02/02/2013

 

A painfully long phonecall to Cap One revealed a last payment date of 10/08/2012 which seems to fit.

 

I did suspect he may have had his dates wrong so I wasn't too hopeful of it being SB. CCA and CPR were posted this morning.

[dx100uk]

that's great then.

 

 

don't forget defence filing date

DO NOT MISS IT

[Lillychick]

Quick update.......nothing major.

 

 

2 lots of corre received from Lowell Sols.

 

 

The first a notice of claim dated 12/04/2017.

 

today a letter acknowledging the request for documents and informing family member that original docs have been requested from Cap One.

 

 

There was also a 'copy' of a notice of assignment which the letter states was originally issued on 11/04/2017 (family member didnt recieve this and as it's fairly recent I believe him)

 

Mistakes I've noticed on this document are that is titled a Notice of Acting and is on Lowell Sols headed paper so not a notice of assignment then.

 

 

I'm assuming they hope this will suffice as the notice of assignment requested in the CPR??

Despite stating it was issued on the 10/04/2017 ithe document itself is dated 11/04/2017.

 

Also the POC On the claim form state the original debt is £375.83 but both the Notice of claim letter and Notice of acting letter copy both have the original debt amount as £347.99 so another mistake.

 

 

The credit file just has it s £374.

 

 

it would seem the county court claim form may have the wrong amount on it.

 

Should I be querying this or is it just best to be left looking like an incompetent mess on their part?

 

And I won't forget the filing date for the defence DX.

 

I don't know how to edit my post but I meant 10th & 11th of MARCH,

 

 

not April for the date the supposed 'Notice of Assignment'

[Guest]

a notice of assignment can come from the new owner, on their letter head.

 

ideally, it shld come from both the original creditor and the assignee.

but, one from the assignee wld prob suffice.

so long as they can show from their logs that it was issued.

 

you say that they say the notice of assignment was issued in march 2017,

which is contrary to what you say they said in their particulars (2013).

 

 

is that correct. di they not send any any notice in 2013 and still did all the collection activities. maybe poss something to mention if applicable.

 

you can query the amount. but, it prob wont effect liability if it is judged liable. maybe just a corrected amount liable for.

[dx100uk]

neither of your queries mean anything.

 

 

dx

[Guest]

neither of your queries mean anything.

 

 

dx

is that re my post?

[dx100uk]

:lol:that post took a long time to show...

the OP