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Lowell claimform - old Cap1 card debt ***Claim Dismissed***


shopaholic13
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Name of the Claimant Lowell solicitors

 

Date of issue 06/03/17

 

date to acknowledge) = 25/03/17

 

date to submit defence = 9/04/17

 

What is the claim for

1.Failed to maintain the require payments and default notice was served and no complied with.

The agreement was later assigned to claimant on 25/092014

 

What is the value of the claim £822.27 original debt capital one(£640.99)

 

Is the claim for - credit card

 

When did you enter into the original agreement before or after 2007/ after 2007 05/09/2012

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I received Notice of assignment 14 day befor court date 12/09/17.It's a reconstituted copy.its dated 10/10/14 not seen before

 

Did you receive a Default Notice from the original creditor? yes on 12/09/17 14 days before court (although dated 08/09/13) not seen before

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year no but moved house twice

 

Why did you cease payments? financial difficulties

 

What was the date of your last payment? 11/06/13

 

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 planicon? no

 

I have done CPR 31.14 to both lowell and capital one sent 08/03/17

I have done section 77-79 to both capital one and lowell 08/03/17

 

CCA sent to me on 29/03/17 after a letter dated 20/03/17 from capital one that they couldn't help me as address they had on record did not match the address on my letter.

 

Lowell wrote to me on 20/03/17 stating that they enclosed a copy of their client Lowell portfolio 1 ltd informing you of there intentions with regards to your account and to treat that as notice of assignment.

Those letters were dated 11/02/17

 

I have a couple of questions

 

1) Notice of assignment

 

The letter date 11/02/17 regarding treating that as NOA can they do that?

as they have not put it with evidence for court.

 

The NOa that they have submitted with court papers I have never seen before

they say it was sent by regular post.

 

It has my current address on it

an address that capital One admitted they didnt have on record until March 2017

NOA IS dated 10/10/14.

It is also signed by Micheal Woodburn who I believe left Capital one in February 2014.

 

As I have said Lowell saying reconstituted copy.

yet claim NOA sent in 2014 why can they not produce the original?

 

I believe the reconstituted copy is in fact a template that Lowell just copy.

It's not on headed paper,

there no address on it regarding its from from capital one.

 

2) Lowell solicitor (paralegal) hasn't signed her witness statement she has printed name but no signature.

(all other paperwork has been signed

 

any advice i have 10 days before court

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so have you filed your witness statement yet?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes i did my witness statement on 30th August 2017.

before I received NOA.

I had not received notice of assignment nor Deed of assignment.

There witness statement that my defence is "only an internet defence copied and pasted " and had no merit.

Edited by shopaholic13
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yep that's here several times already probably word for word.

 

 

you need to scan up THEIR WS inc exhibits to one multipage Pdf

do the same for your WS

and we need the defence you filed

and the FULL particulars of claim too

 

 

read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can you please possible do what upload suggests and put those in one multipage pdf ??

else we'll be here all night downloading those

 

 

a pdf for each WS

one for your defence

 

 

will do

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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didn't say folders

 

 

put all the pages from say their ws into ONE MULTIPAGE PDF

not individual scans of each page uploaded

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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had to hide those you've left loads of pers details showing.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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that's ok

can you do them to multipage or want a hand with that?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Moring,

I now have 9 days before court.I have no idea what I do next.

 

I have probably messed up my WS defence.

I didn't see lowells WS defence until 12 th september (14 day before court date deadline).

 

This has taken over my life trying to find out information,

 

I have severely disabled husband who needs my attention.but is being neglected while I try and deal with this.

 

I haven't slept properly in days.

 

Any help is most welcome and I understand there are probably lots of people on here asking for help

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Calm down

Its only a fleecing dca chancing their arm on a speculative claimforn that they never expect to be defended.

 

I'll help later to night

 

There Ade 100's of like cap1 card claims here to read

We rarely lose

If you've not already shot yourself in thevfoot...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I have given my head a wobble and gone through the statement of truth.

Please feel free to tweak amend etc.

 

1)The claimant’s witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraphs.

It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

The claimant has confirmed that their client will not be in attendance at the hearing, however they will be represented by an advocate.

Notice has been given pursuant to CPR 27.9

*Exhibit to sort out: CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.*

 

2)Didn’t know how too respond to 2

 

3)This claim is for a credit card agreement regulated by the consumer credit Act 1974 between the Defendant and Capital One Ltd.

Whilst I have had dealings with the original creditors in the past, I do not recognise any of the account details as I no longer have records of them.

 

 

The particulars of claim fail to state when the alleged agreement was entered into.

Exhibit CH1 a reconstituted copy of the agreement has name xxxxx printed on it and a date of 5/9/2012.

Exhibit 10 is a letter from original creditor paragraph 3 states that the agreement was entered into on 06 September 2012.

 

4)Exhibit CH 2 reports to being account statements, these statement are a very generic list of transactions.

They are not on headed paper, nor do they say the original creditors name on them.

The name on them is two names merged into one.

Mrs first name Mrs first and surname.

 

5)Notice of default was sent to defendant on 12th September 2017.

When claimant sent all paperwork the wish to use as evidence.

Exhibit 11 under s78 we are not required to provide a copy of default notice and statement of default

.However we can confirm statement of default was issued on 10 October 2013.

Both original creditor andclaimant were asked for these documents.

 

 

Exhibit 9 letter date 20th March 2017 paragraph 2 states that claimant has asked original creditor for following documents Copy of agreement, default notice and statements from original creditor. and will forward the documents to you upon receipt.

The account will remain on hold until we have received these documents.

Despite claimants promise that account was on hold until documents had been received and posted on, the claimant continued pursuing court action.

 

 

Original creditors response to my requests for alleged original agreement, alleged default notice alleged deed of assignment alleged notice of assignment and alleged statement of alleged debt.

 

 

exhibit 6 to my requests was a contradictory letter paragraph 2 asking for, but not needing my signature.

Also paragraph 2 that the address on my letter exhibit 5 dated 8th march 2017 did not match there records and there for they couldn’t help due to client confidentiality.

 

 

Exhibit 8 another request for the require documentation dated 25th march 2017 and to sent them as matter of urgency.

A copy of this letter has been sent to the court .

 

 

I filed my defence on 25/03/2017 and it was acknowledged on 27/03/2017.

Defendants have a time limit of 30 days to defend claim.

 

6)CH4 Notice of default and statement of default not received until September 2017.(although date 2013).

 

7)I have not seen nor received a notice of assignment from original creditor.

Exhibit CH4 is a reconstituted copy .that is produced from a template.

It in not on original creditors headed paper, nor does it have original creditors address or contact details on it.

The signature on it says Michael Woodburn and dated 10/10/14 Mr Woodburn left original creditors employment in February 2014.

 

 

The address this Notice of assignment was sent to is an address original creditor admit did not have at the time this alleged notice sent exhibit 6.

Further more exhibit 9 paragraph 3 states that I should take exhibits 3 and 4 as notice of assignment.

 

 

Exhibits 3 and 4 are from Lowell portfolio I limited and not original creditor.

 

 

Exhibit 3 is letter stating you have not paid original creditor and my alleged account has been sent Lowell solicitors limited.

 

 

Exhibit 4 is not on headed paper and no address or contact details are on it.

That states that Lowell solicitors have been asked to act on behalf of Lowell portfolio.

 

 

Neither exhibit 3 or 4 mention Lowell portfolio purchasing the debt from original creditor.

So not notice of assignment as suggested by claimant in exhibit 9 paragraph 3.

The alleged original notice of assignment that was sent in regular post.

Was not received or seen by the defendant and no proof of posting has been produced by claimant.

Nor has a true copy of that original.

 

 

I have sent original creditor a subject access request to ascertain whether such a document exits.

Only done on 16/09/17 after seeing claimants paperwork.

 

8)Claimant claims that they have written 18 letters to defendant either arrange payment plan or make claimant awear of any reason why the alleged outstanding sum remains unpaid.

Only 2 exhibits from claimant CH4 and CH5 3 letters in total are from claimant requesting payment CH 5 is letter of claim which is not on headed paper and has no contact details on it for claimant it has no personal signature on it just stamped Lowell solicitors CH3 is from original creditor and contain 3 letters for payment in total 6 letters entered as evidence. All 6 letters only received and viewed on 12th September 2017.

 

9)CH5 states total of claim is £822.27 this is mad up of alleged original debt £640.99 plus estimated interest £51.28 plus court fee £60 solicitor cost £70 totalling £822.27 in claimant summary point 17 the total is different £857.27

 

10)Claimant has not provided strict proof of its claim

 

Didn’t know how to answer 11

 

12)The claimant has produced CH1 a reconstituted copy of agreement.

That has a printed name on it no signature.

That the original creditor has stated exhibit 10 that I entered into on a different date.

 

13)Defendant for default notice on the 8th March 2017 exhibit 9 is acknowledgement of that request, and that account would be on hold until until documents wereforwarded onto me. I received alleged reconstituted notice of default on 12th September 2017.The case progressed throughout that time and did not get put on hold.

 

14)The claimant failed to comply with the requirements set out in section 136 of the property act. The claimant has not served a Notice of assignment on the defendant. I have already explained and shown evidence of why.

 

15) Repeat of 14

 

16)Claimant does not have the right to bring these proceedings against defendant as the client hasn’t for filled it legal requirement to do so.

 

17)The defendant has produced a defence with merit.

That the defendant did use the internet to research her defence.

The defendant is not a solicitor and needed to help to put her case together.

The use of orange instead of Capital one is human error.

The claimant also has errors in there paperwork.

The defendant respectfully asks that claim is stuck out and all cost of bringing this case are met by claimant.

 

There are a few other bit i need to get in including statement of truth has not got signature on it and there for does not comply with judges directions and faily to comply with judges directions may result in case having to be adjourned and party at fault having to pay costs.

 

 

The judge has the right to refuse to hear evidence or consider any statement of any witness who's statement has not not been prepared and copied to the other party and the court in accordance to paragraphs above. witness statements must :e)signed by the witness and dated .

 

 

Claimant direction questionnaire states that they will be sending 0 (zero ) witness and experts including themselves to court.

Yet in summery in statement of truth they ask the defendant pay claimant cost of attendance.can they do that?

 

lastly do I need a copy of every law /act i use in the above

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In your point 1.....

 

The claimant has confirmed that their client will not be in attendance at the hearing, however they will be represented by an advocate.

Notice has been given pursuant to CPR 27.9.

Thats been copied from a draft I did for another thread...has the claimant stated they will not be in attendance at your hearing also ? I didnt see anything in their WS.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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still working on the mass upload but we can see them

more soon

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In lowells directional questions in section D question 05 how many witness,including yourself,will give evidence on your behalf at hearing ? the y answered 0 (zero)

 

They always put 0.....even though the instructions states including yourself...unless they submit notice to the court and yourself pursuant to CPR 27.9....they will be in attendance,

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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They always put 0.....even though the instructions states including yourself...unless they submit notice to the court and yourself pursuant to CPR 27.9....they will be in attendance,

 

naughty Lowell ok i Will re do number ,possibly trying to get in That there statement of truth has no signature on i.

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naughty Lowell ok i Will re do number ,possibly trying to get in That there statement of truth has no signature on i.

 

They will have signed the courts copy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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They will have signed the courts copy

 

The judge has the right to refuse to hear evidence or consider any statement of any witness who's statement has not not been prepared and copied to the other party and the court in accordance to paragraphs above.

 

witness statements must be signed by the witness and dated .

Or is mine not signed irrelevant?

 

As hoping to get final draft of what I want to say in court this weekend as court date is approaching fast.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Can original creditor say they do not have to supply statement of default or notice of default ?

 

 

I had asked under s78 cca.

Their reply was it was issued october 2013 but didn't need to provided me a copy under s78

 

Claimant must of received a copy of them as they produced them in court papers despite my account being on hold until they get documents were forwarded to me .

thanks for advice

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