Lowell Solicitors CLAIM FORM re CAP1card

[davetherave87]

Hi guys,

 

I have a CAPITAL ONE credit card which back in september I had offered to make £1 token payments,

my response was that they had referred to fredericksons intl for repayment...

 

i set up a £1 standing order online to fredericksons with a letter to them copying in my letter to capital one regarding token payment and my current financial circumstances...

 

my first token payment went out in december which got accepted and my balance reduced by £1.

 

HOWEVER - i now have a letter from Bryan carter which is there "LBA_S2LIT" template letter giving me 14 days to make payment arrangements with fredericksons..

 

do I simply copy my previous letters to capital one and freds to bryan carter? as its clear that previous two have taken a complete disregard to everything??

 

help

 

Dave

[silverfox1961]

Hi, sorry you were missed.

 

When did you take out the Cap1 account?

Do you know if there are any charges on the account?

Did you have PPI?

Have you sent a CCA request to Freds?

 

Bryan Carter is Freds pet solicitor and IF Freds are collecting on behalf of Cap1 [this will be evident if the letters say 'their client'] then BC can do nothing.

 

Any chance you could post up the letter (LBA_S2LIT) minus your personal details.

[oleg]

If you have no assets, C1 generally farm out collection to Fredrickson or Capquest.

 

I once got the template letter you've had from Carter, and four times the v.1 which is slightly different.

I simply ignored and they reverted to the OC.

 

Many people adopt the token offer route.

 

However, if there is no realistic prospect of your eventually repaying in full or reaching a settlement ,

you could consider ceasing payment altogether, otherwise your credit file is messed up indefinitely due to the ongoing token payments.

 

There's no need to send Fredrick and Carter duplicates of stuff. They're all the same monkeys:

 

your case is under the loving care of one manager, regardless of letterheads and envelopes, all on a single database.

 

The lba ref. at the bottom of the Fredrick missive is just to scare.

A proper lba says so in the heading, not smallest small print letter code.

 

As for C1,

you're wasting your time if you try to reason with them:

once they've decided you're hopeless,

they leave the dirty laundry to their DCAs.

Or, eventually, solicitors if you have assets;

otherwise, it would be sold to a debt buyer, but that's still a long way away if you've only just been referred to DCAs.

[dx100uk]

cca request to freds!

 

then the rest of post 2!

 

dx

[davetherave87]

Thanks for the quick replies guys, really appreciate it, first of all, happy new year to all

 

Right,

 

This capital one card was taken out in January 2013,

 

£500 limit which got chewed up quicker than I had anticipated,

 

then I started to struggle to make payments,

 

the balance now stands at £646 at the point they instructed Freds to collect on Cap 1 behalf,

my credit file still shows Cap 1 as creditor as of December.

 

There is no PPI, the only charges would be the missed payments,

the default notification charge and of course the interest on the £500,

which I am guessing is £146 on top of the £500.

 

I have not yet CCA'd Freds, I will do this,

but I just wanted to clarify something in BC's letter,

they said I had 14 days to arrange a payment with Freds,

before my account is "formally" passed to them...

 

Bear in mind I have a standing order already set up with Freds...

 

I fully intend to repay what I can, of course I am not denying this debt,

there has simply being no compassion to financial circumstances sadly but admittedly, i was not expecting much.

 

What if BC try to file a claim through Northampton courts, even though Cap 1 is still legal owner and i had standing order payment set up with Freds?

 

Where do i stand at the moment you reckon?

 

I will up the letter from BC tomorrow, minus the personals.

 

 

Cheers,

Dave

[dx100uk]

little point in a cca then really

 

its far too recent.

 

the penalties & the default notification charge

 

get them back

 

if you are paying what you can then so be it

 

but do it to the ORIGINAL CREDITOR

 

not a DCA

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

dx

[davetherave87]

Hi DX, where would be the best address/person to send this letter to, as all my previous CAP1 letters have come from "Graham" in recoveries.

 

Shall I cancel the standing order to Freds? and do i need to inform Freds/Bryans that I am dealing directly with original creditor?

 

Cheers, Dave

[dx100uk]

address is on your statement

 

don't pay a dca pay cap1 via the method advised

 

dx

[davetherave87]

Hi guys,

 

I sent a letter directly to CAP 1 stating that I will be paying what i can afford per month for 6 months until.... bla bla bla..

 

I have ignored fredericksons and bryan carter.

.. although stil no reply from CAP ONE yet.

.. i also cancelled the standing order I had started with freds...

 

today, even though freds accepted my previuous 1 pound standing order,

i have a letter from FREDS now saying this...

 

"""" Despite a recent letter from Bryan Carter Solicitors,

it appears you have not discharged your debt with our client Capital One.

 

WE are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim.

 

At this late stage, and as a gesture of goodwill, we are prepared to accept a full and final settlement

on this account provided that you contact us on 08453136618 within 48 hours."""

 

 

Ill be honest,

im not sure how to approach this now,

 

it stands to reason that as capital one stil own the debt,

 

FREDS and BRYAN cant actually take any further action...

should I inform Freds and Bryans of my direct contact with Capital one regarding the repayment of this debt..

. obviously I want to avoid having a letter served through the post.

.. as am in written correspondence with cap one directly regarding my repayments...

 

help

 

Dave x

[dx100uk]

std threat-o-gram

and an implied discount?

 

wonder what that is made of?

 

dx

[davetherave87]

my credit limit was 500, i can only assume at this point, that the balance which stands at 646.xx is made up of interest on that 500 balance, maybe a default charge.

 

should I SAR cap 1 to see if there are any £12, or any other penalty charges?

 

Can £12 charges be reclaimed as per the usual route? Or would they have to go as far as court to be able to get them refunded?

 

 

Sorry for the questions, would rather find out now to save any time or money finding out later down the line.

 

Cheers

Dave x

[dx100uk]

yes reclaim

 

get the details by sar

 

dx

[davetherave87]

Hello once again guys - hope all are well - I am back very unexpectedly with another claim form just as I have come back from my family holiday. The joy... I have already been on the MCOL and aknowlege and defend in full... here are the details..

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue – 11th July 2017

 

Date to acknowledge - already done

 

date to submit defence = Friday 12th? i think

 

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(Credit Card) under account reference xxxxxxxxxx ("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 25/09/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £644 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £644

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 £0.141, but limited to one year, being £51.56

c)Costs

 

What is the value of the claim? [B]£696[/b]

 

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 2007 i think

 

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. The debt purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't recall receiving one.

 

Did you receive a Default Notice from the original creditor? No not that i can recall, lowell solicitors have apprently requested that info along with the original agreement from cap 1 but yet to recieve anything.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Im not so sure a payment was ever made, i was struggling financially along with the other issues i have addressed already on previous posts.

What was the date of your last payment? I honestly cant remember, possibly 2013

 

Was there a dispute with the original creditor that remains unresolved? Not that i am aware

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes as i was with Gregory pennington at one point - before i sacked them off in the hope i could sort it myself. :(

 

 

-----------------------------------------------------

UPDATE

--------------------------------------------------

 

So I sent a cpr request to lowell solicitors and cca to lowell portfolio

 

i have only received two letters back from lowell solicitors claiming to include the notice of assignment... this consists of a letter origianlly coming from captial one advising me of the sale of my account, then a second letter from lowell themselves welcoming me....

 

No default notice - no agreement...

 

I dont have a lot of time.....

 

I have various templates etc but with regards to exact wordings... how can I approach it?

 

Many thanks in advance!!

 

Dave

[dx100uk]

12th june??

 

 

dx

[davetherave87]

Sorry DX I meant 11th July 2017 was the claim form issue date

 

i worked out the final defence due date as either this friday 11th august or saturday 12th august....

 

my brain is fried!!!

 

a very muddled defence based on the information i have would be as follows...

 

----------------------------------------------------------------------------------------------------------------------------------------------

 

Particulars of Claim for reference

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One(Credit Card) under account reference xxxxxxxxxx ("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 25/09/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £644 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £644

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 £0.141, but limited to one year, being £51.56

c)Costs

 

Defence

 

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.

 

Paragraph 1 is noted and accepted. I have, in the past, entered into financial dealings with Capital One however I do not recall the exact details or agreement or alleged outstanding balance referred to and have therefore sought verification from the claimant by way of a CPR 31.14 and section 78 request.

 

Paragraph 2 is denied as I am unaware of any default notice allegedly served to me.

 

Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2014 by either the claimant or the original creditor.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of breach and service of a Default Notice;

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

On receipt of this claim I requested by way of Royal Mail on 16/08/2017 a CPR 31.14 request from the Claimants’ solicitors and a section 78 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 78 request and their solicitors, Lowell Solicitors, have yet to fully comply with my CPR 31.14 request.

 

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

 

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 82 A of the consumer credit Act 1974

 

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.

 

----------------------------------------------------------------------------------------------------------------------------------------------

 

 

any thoughts guys? there is a paragraph 4 on the particulars which i have currently left out and it says...

 

"despite repeated requests for payment, the sum of 644 remains due and outstanding.... ideally i would like to put them to strict proof on how they came to the amount - is this usually something that is covered under the cpr or cca request during litigation?

 

cheers

[dx100uk]

OK ta

That's not too far adrift

Correct the grammar in under 1 mind

[davetherave87]

Sorry, would you mind highlighting please?

[dx100uk]

Paragraph 1 is noted and accepted. I have, in the past, entered into financial dealings with Capital One in the past however I do not recall the exact details or agreement and have sought verification from the claimant who has not complied with my request for further information.

[davetherave87]

"Paragraph 1 is noted and accepted. I have, in the past, had dealings with Capital One, however I do not recall the exact details or agreement and sought verification from the claimant upon receipt of the claim. The claimant has failed to comply with my section 77 request."

 

would that work?

[dx100uk]

section 77?

[davetherave87]

Cca request? As you can probably guess this process is not sitting well with me. i am struggling like crazy here as i dont know how to word it...

 

All i know is the claimant lowel portfolio have not provided me with the default notice or credit agreement in the timescale relating to the cca request.

 

I think i have two days left to file.

 

[AndyOrch]

Defence now edited in post#4.

 

Regards

 

Andy

[davetherave87]

Many thanks Andy and DX of course, I appreciate the support.

[davetherave87]

Afternoon guys - just a quick update.

 

Still haven't received the notice of default or the agreement as per my previous requests.

It has now gone to the mediation stage,

where I ticked yes to mediation..

. having read other users posts,

knowing full well I don't have the two said documents which I am to assume they will need to support their claim?

 

I will be ringing the mediation number first thing Monday morning to book a slot

- when that slot comes,

I am simply saying to the mediator that I still have not yet received all documents as per my CPR / CCA request?

 

I assume they will either say OK then your case is not suitable for Mediation....

OR will I get questioned as to why I answered yes to allowing mediation to happen?

Even though Lowell thus far have partly failed my document request?

 

 

Look forward to hearing from whoever might be able to shed a bit of light on the mediation aspect of things (I have read some other posts with mixed feelings)

[dx100uk]

in a way mediation doesn't rely upon any documents as these are not seen until witness statement time IF the claim gets that far

it is too try and narrow the differences between parties

 

but as you've not received everything you need to maybe narrow the arguments

you say no.

 

until that time

you always state yes as this is seen as entering into the spirit of mediation by allowing them time to produce them.

 

dx