Lowells claim form - old Cap1 Card debt

[p_walker]

Hi everyone,

 

I was away a few weeks ago

 

when I came back there was a claim form from Lowells.

It is about a Capital One debt that is not statute barred.

 

I quickly sent the 'acknowledgement of service' but now I am running out of time to do anything.

The deadline for submitting the defence is next week.

 

Someone has advised me to ring Lowells and try to arrange a payment plan,

but that I would still probably end up with a CCJ.

 

Other have said I should defend, but I don't know on what basis.

 

I did request a copy of the credit agreement from Capital One a few years ago

and they sent a reconstituted credit agreement, which I still have.

 

What would you do in my position?

Thanks for any advice at all.

[dx100uk]

you don't ring anyone!!

nor blindly pay up!

 

 

can you fill this out please

so we have all the correct information to properly advise you..

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**&p=4486063#post4486063

[p_walker]

Name of the Claimant Lowells Solicitors

Date of Claim 7th April

 

Dealine to submit defence = next week (but Lowells have written saying I need to contact them this week or they will ask for a CCJ).

 

What is the claim for – the reason they have issued the claim?

1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under acc. reference ***************

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 **/**/** and notice given to the Defendant.

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

 

And the Claimant claims

a) The said sum of £4000

b) Interest pusuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing ata a daily rate of £0.831, but limited to one year, being £*00

c) Costs

 

 

What is the value of the claim? £4000

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 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. Assigned to the purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? probably/can't remember.

 

Did you receive a Default Notice from the original creditor? Yes.

 

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

I don't know.

 

Why did you cease payments? Capital One kept on adding charges that were too hard to keep up with, repayment was swallowed by charges.

 

What was the date of your last payment? Unsure, trying to find out now (def. within last 6 years).

 

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 management plan? No.

 

Is there anything I can/should do before the close of business today?

[dx100uk]

date to right of the claimform please

[p_walker]

7th April

Would there be any point posting a CCA request today?

Edited May 5, 2017 by p_walker

[dx100uk]

ideally should have been done weeks ago!

 

 

but yes

 

 

.

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

.

 

 

 

have you checked the status of the claim on MCOL?

 

 

defence is due 4pm Tuesday.

 

 

lots already here that are suitable

[p_walker]

Thanks, I am printing them now, presumably recorded delivery? But is there any point at this stage? Should I just phone them and offer a payment?

[dx100uk]

why do you want to give in?

 

 

they are a DCA

they are NOT BAILIFFS

and have NO LEGAL POWERS WHATSOEVER.

 

 

its a speculative claim

hoping for a non contested default judgement where nothing is checked.

 

 

ever thought this?

why didn't cap1 take me to court and crush me??

why did they sell it for peanuts to a debt buyer?

 

 

dx

[p_walker]

I am just filling out this the 'Request for information when a cliaim has been issued' (can't post links). I am not clear which documents I should be listing. Is it the agreement, notice of assignment, default notice and statement of account? But the Statement of account is not mentioned in the particulars of claim.

[Guest]

Thanks, I am printing them now, presumably recorded delivery? But is there any point at this stage? Should I just phone them and offer a payment?

it is small claims, issued already.

why not then take it as far as poss prior to any hearing. never know. and can always settle if required, tomlin order for eg.

wld any settlement later be much different to one now?

[p_walker]

Wouldn't a later settlement necessaily involve a CCJ? This is something I cannot find the answer to so far.

[Guest]

Wouldn't a later settlement necessaily involve a CCJ? This is something I cannot find the answer to so far.

already answered. tomlin order, no ccj if kept to.

you wld prob need one now also if you went to settle as i said a claim has already been issued and you have defended.

then there wld be small claims mediation if applicable.

unless you now want to admit the claim and pay. an instalment order wld be the next option if cant pay in full. but, wld then still be a ccj re that.

[p_walker]

Thanks everyone, you have been really helpful.

[Guest]

Thanks everyone, you have been really helpful.

what are you thinking of doing then?

[p_walker]

I am sending the CCA request and CPR request, apart from that I don't know. The 'thank you' wasn't sarcastic

 

I don't know if I can send recorded delivery to the Lowell Solicitor's PO box, does anyone know?

[dx100uk]

Just send it 1st class with free proof of posting

Same for the CCA

 

You only have to prove you sent them

[p_walker]

Sorry to bother everyone again, the final date for filing my defence is Wed 10th of May (tomorrow), and I still haven't done it. Can I still post it today or is it best to email before 4pm today?

[Old Cogger]

why ask get it up and ask Andy etc to view now minus personal details - less speed and you loose!

[p_walker]

I have been spending time reading old threads etc., but you are right.

[AndyOrch]

Better to email it before 4.00pm using the dedicated email address for defendants to MCOL.

 

Post it here first if you wish it to be checked.

 

Andy

[dx100uk]

yoru defence is due 4pm TODAY.

 

 

dx

[Old Cogger]

[email protected]

[dx100uk]

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.

.

[becareful there are no spaces in the email ad]

 

 

argh beat me

 

 

why cant you file your defence by MCOL ONLINE?

[p_walker]

I don't understand, I phoned the court and they said tomorrow.

 

OK, this is what I am working with, any help at all is really appreciated. Any observations whatsoever.

 

Particulars of Claim

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One under acc. reference ***************

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 **/**/** and notice given to the Defendant.

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

 

And the Claimant claims

a) The said sum of £4000

b) Interest pusuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing ata a daily rate of £0.831, but limited to one year, being £*00

c) Costs

 

 

The Defendant contends that the particulars of claim are 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.

 

1. Paragraph 1 is noted insofar as a contract relationship did once exist in the past with Capital One . However I am unable to recall the precise details of the alleged agreement and any alleged outstanding balance and have therefore sought clarity from the claimant by way a Section 78 request and a CPR 31.14 request.

 

2. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

 

3. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore 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

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

 

5. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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.

 

8. For avoidance of doubt, the respondent is unable to plead effectively, or at all, to the particulars of claim without further clarification or disclosure.

 

9. 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.

 

Maybe I should drop point 8? Thanks.

[dx100uk]

yes drop 8!!

 

 

well unless ive lost a toe

33 days from 7th april [whereby that date is ONE in the count] = 9th may