Jump to content


debtfree2014

Lowells Capital One Court Claim

Recommended Posts

Hi

I received County court claim back on Friday 4th January despite it states issue date 31 December 2018 it did not arrive in post until then but no matter what I assume date on paper work stands.

 

I then received 15th January a warning from Lowell that they had sent it to court and I should receive something soon their letter was dated 7th January so that came very late.

 

Okay I will get to the facts really hoping for your urgent help and assistance in this as I have suffered with sickness this month and also at same time struggled as had to keep work balance.

 

I don’t want to use any excuses other then It was easier for me to hide this away and just wish for better things. But I did submit my AOS and full defence within the 2 weeks on Sunday 13th January and was received and noted by court on Monday 14th January.

I did receive the proper letter regarding Lowell would submit to court and I had the 30 days before end of November 2018 so they followed rules for that.

 

To try put facts about my debt down short basically was a credit card I took out with Capital One back in 2011. To be fair I am not 100% sure when my last payment was and if its statue barred.

 

It was at a lower limit then years later was setup to £1000 limit. I fell into a dispute regarding some £12 charges etc and also had contact through phone and emails I then stopped payments and kept going up. I did not get proper response on my emails etc I was even trying to settle a solution.

 

My fault for ignoring further letters with request for payments and debt was sold to solicitor Lowells in 2014.

 

To cut to the chase I need to submit my defence tonight as I understand and I have not got CCA and CPR (31.14) letters sent off despite I have made them ready. Can I still get these sent off tomorrow morning with Royal mail 1st class recorded delivery and then attach £1 postal order for each?

 

Also because of my dispute with Capital One I really wish to claim back all charges and the 8% interest etc but how do I deal with this now? Can I sent letter to them or does that has to go to Lowell?

 

Hope for your assistance guys I would be so grateful.

 

I have attached Claim Form and also I have done a draft Defence for me to submit tonight hope it looks okay?

 

here is my defence draft

 

Defence

 

 

1. The Defendant contends that the particulars of claim are vague

and 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.

 

2. Paragraph 1 is noted. I have had an agreement in the past with

Capital One but any alleged balance is and remains in dispute for

charges/services.

 

3. Paragraph 2 is denied I am unaware of any legal assignment or

Notice of Assignment allegedly served over 1 year ago.

 

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 agreement/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 with the

Claimant; 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.As per Civil Procedure icon Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

6. On the alternative, if 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 icon Act 1974.

 

7. 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.

 

Signed

I am the Defendant - I believe that the facts stated in this form are true

xxxxxxxxxx

27/01/2019

 

Defendant's date of birth

x/x/19xx

 

Address to which notices about this claim can be sent to you

xxxxxxxxxxxx

claimformjpg.jpg

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

Your defence is not due until Friday 1st Feb 2019.

 

Please read the following link and then copy and paste the Qs and your responses back here so we have all the information in one post.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-Jan-2019**(1-Viewing)-nbsp

 

Andy


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

 

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

Share this post


Link to post
Share on other sites

Hi Andy thanks will do that now.

 

Are you really sure despite i did the AOS 2 weeks ago is my defence then now due tonight?

 

Or does it not matter when i submitted AOS?

is it 33 days no matter what?

 

thanks

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites
33 days irrespective

 

Thank you great to hear gives time to have CCA and CPR(31.44) sent tomorrow.

 

I was going to add the questionnaire in my first post but can't edit anything??

Name of theClaimant ?

Lowell

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

31 December 2018

 

Particulars of Claim

1) The Defendant opened a Capital One regulated consumer account under reference xx on 22/07/2011 (‘the Agreement’”

2) In breach of the Agreement. The Defendant failed to maintain the required payments and the Agreement was terminated.

3) The Agreement was later assigned to the Claimant on 25/09/2014 and written notice given to the Defendant

4) Despite repeated requests for payment, the sum of £1100 remains due and outstanding, And the Claimant claims

a) The said sum of £1100

b) Interest pursuant to s69 Count 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 £0.2 but limited to one year being £80

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

Yes

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?

No

 

Did you inform the claimant of your change of address?

x

 

What is the total value of the claim?

Around £1400

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

Credit Card (capital one)

 

When did you enter into the original agreement before or after April 2007 ?

After in 2011

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

Yes

 

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 by Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Yes

 

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 ?

Not 100% sure will have to check and not sure if possible to check paper that far back

 

Why did you cease payments?

Dispute and had difficulties many years back around that time as went into bad payday loan spirals as well.

 

What was the date of your last payment?

I am not sure am trying to obtain by checking statements or my bank account.

 

Was there a dispute with the original creditor that remains unresolved?

Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon?

Yes I was in contact many time to try resolve dispute and problem with charges they kept adding which made me go over credit limit etc. reson I stopped payments and had no responses from email. I cannot locate emails this far back from Hotmail sadly have tried.

Share this post


Link to post
Share on other sites

Defence requires work...their point 2 does not refer to assignment as your defence states ?

 

3. Paragraph 2 is denied I am unaware of any legal assignment or

Notice of Assignment allegedly served over 1 year ago.

 

Andy


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

 

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

Share this post


Link to post
Share on other sites

Thanks a lot Andy for your assistance.

To be honest i have no clue about how all these legal matters work or how to word it.

The defence is draft from a similar one I had back many years ago.

 

I forgot all about this dispute with Capital One and is my last hurdle to get my debt cleared.

 

Would you have any help on how I should write this paragraph 3? And is rest of my defence looking okay?

 

I know it would have to be Agreement instead but not sure how and what else need changing.

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

Its fine from point 4 onwards..its a defence I drafted many moons ago.

 

Your point 1 also requires attention...

 

Particulars of Claim

 

1) The Defendant opened a Capital One regulated consumer account under reference xx on 22/07/2011 (‘the Agreement’”

 

You need to respond to their point 2

 

2) In breach of the Agreement. The Defendant failed to maintain the required payments and the Agreement was terminated.

 

change your point 3 to read paragraph 3 is denied.

 

 

As I assume your submitting on line it does not require all the blurb at the bottom...finish at point 7


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

 

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

Share this post


Link to post
Share on other sites

Thanks Andy.

I have edited other post further up to reflect this in my defence.

Hope all looks okay now still some days to go at least.

 

Could I just ask how should i procceed with claiming charges and interest from capital one?

Do i send letter to them directly or to Lowell?

 

Plan is to send CCA and CPR (31.14) today at royal mail.

I understand i need to enclose £1 postal order for each?

Also do not sign documents only use my name in letter document form.

 

Could you or someone please check if it looks correct?

I am a bit confused with the CPR 31.14 do i only leave Agreement and Default Notice or only Agreement in letter out of all documents?

 

Finally please see address below do i pay the postal £1 to that address? and that is also the address i found i have to send these letters to.

 

Lowells Solicitors Limited

Ellington House

9 Savannah Way

Leeds

West Yorkshire

LS10 1AB

 

Sorry for all these questions I am just very confused and unsecure despite i have been reading so much to try and understand it all.

 

PS would not let me edit old post.

Will try attach pictures of letters and defence in this post shortly.

 

I find it really hard to use pictures and documents in your forum Andy and then after 10 minutes you cant edit old posts??

 

Sorry but had to copy paste all letters into here now only way to do it.

 

Defence

 

 

1. The Defendant contends that the particulars of claim are vague

and 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.

 

2. Paragraph 1 and 2 are noted. I have had an agreement in the past with

Capital One but any alleged balance is and remains in dispute for

charges/services.

 

3. Paragraph 3 is denied I am unaware of any legal assignment or

Notice of Assignment allegedly served.

 

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 agreement/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 with the

Claimant; 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.As per Civil Procedure icon Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

6. On the alternative, if 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 icon Act 1974.

 

7. 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.

 

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

 

CCA and CPR templates removed please do not post them on the open forum. For members only

Finally I wish to get letter sent off for claiming charges and interest back from Capital One is there any template I can use for that and should I go ahead with that as well?

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

Slight tweak to your point 2 ...as you have still not made a response to their point 2.

 

With regards to reclaiming charges from Capital One..thats a completely separate matter and has no connection to this thread.....please start a separate thread in the appropriate forum....which gives guidance on how to make claims.

 

 

Andy


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

 

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

Share this post


Link to post
Share on other sites

Thanks for help on Defence and tweak to Point 2 Andy :)

 

Okay I thought it was related to this county court case. But I understand since I dont admit to Debt then of course i can't mix it up and start asking and reclaiming charges etc.

 

So those 2 letters CCA and CPR are they okay to be sent as I wrote?

 

Thanks again.

Share this post


Link to post
Share on other sites

Well that dispute is with Capital One...not Lowells.

 

With regards to CPR/CCA...if you followed the instructions in the template then they must be correct


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

 

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

Share this post


Link to post
Share on other sites

I have been struggling since 10pm to submit my defence their website is an absolute joke.

 

I remember how bad this was back many years ago when I also had problems. How can the government run a website with a login system where you can't even retrieve your login information???

 

Information is not even posted to you either if it was for security reasons or issues.

 

My problem was that i had made a new login but my claim was logged under an old login which again you cant retrieve or do anything about. Not even possible to login with email either but the system allows multiple gov id's on same email address.

 

Even better now i am getting this message > Sorry, Money Claim Online is currently down for maintenance.

 

So I wont be able to submit my defence as planned. Hotmail deleted my old junk mail i though i had already moved old gateway login for moneyclaim site but all vanished.

 

Will try and phone them tomorrow but seems many others had problems and that they could not help retrieve user again. So guess i have lost all now :(

 

 

Thanks anyways for all your great work Andy, shame it looks it will now go to waste. But i attend to defend anyways if not only against Lowells but also against HMR Moneyclaims county court for a website with errors.

 

Guess my final option is to send the claim form through royal mail instead now and tell them on phone to put my defence on hold. ( i guess in todays modern world they wont allow you to email or fax them)

Share this post


Link to post
Share on other sites

hey don't sweat

you are a LiP and certain leeway is given.

 

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 ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[becareful there are no spaces in the email ad]

  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I found some places that you can email to CCBCAQ@Justice.gov.uk and some other places suggested to print off defence then sign it date it etc then scan it onto computer.

 

Then save it as pdf and sign and add claim number etc and make sure to mark it up as "Defence" so i am going to try this and also phone them Friday.

 

So will get the defence in post #11 put into Microsoft word first etc and pray I will get this sorted this way instead.

Share this post


Link to post
Share on other sites

Thank you so much dx100uk for responding so quick.

I found something at the same time but I am very happy to hear your calming words there makes me feel better now and more secure :)

 

I will go ahead and have it emailed and will try phone them as well to make them aware and or get confirmation as well if possible cheers :)

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

I would give it a day or so.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I got confirmation today that court received defence and its been filled.

 

Lowells decided last week to send me a threat letter out of this world, stating i had not responded in time and if I do not get in contact latest this Friday 8/2 then they will submit CCJ against me lol :violin:

 

It was dated 29/1 so clearly, they don't know the legal rules? but yeah i guess just scare tactics.

Share this post


Link to post
Share on other sites
Posted (edited)

Hi

 

Sorry I have not updated what happened here. It went past the date and got confirmation from Northampton County Court that it was now past the date where the court case could go forward.

 

But instead I have couple weeks ago received Directions Questionaire (Mediation) and I am now very stressed out. 

 

The reason is 3 weeks ago I had a bad back injury and been off work over 2 weeks and been on strong pain killers which have taken hard on me. I only just got back in work again and had forgotten about all this.

 

There is a due date of 21 March now for me to respond on this form. What is my move now? The only thing I received from Lowell was a copy of contract etc. 

 

From my understanding, I need to get this Directions Questionaire filled in and tick yes to agree with small claims mediation service? is this correct?

 

Also how about witness etc. so sorry I am very confused about how to move forward on this now. And hoping someone could help/assist me urgent.

Edited by debtfree2014

Share this post


Link to post
Share on other sites

Yes to mediation

yes to small claims track

name you local county court the rest is self explanatory

 

Run 3 copies ...court /sol /file

Use the following and complete on screen...looks far more professional.

 

 

  • Like 1

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

 

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

Share this post


Link to post
Share on other sites

Hi Andy 

 

I was just confused about what "witness" is used for and also "Expert evidence" what they are for. I just don't have any experience at all with this or understand all these legal terms. Only thing i understand with witness is in a murder case lol.

 

I will be sending off to court email and will phone them as well to confirm received.

 

Run 3 copies ...court /sol /file >  With this I understand you mean a copy for the county court, copy for solicitor (Lowell) and a copy for myself.

 

BUT does this mean I also have to send one to Lowell? as a defendant, I thought I only needed to let county court now. But okay I will get one copy sent off to Lowell as well then if this is the case.

Share this post


Link to post
Share on other sites

1 witness to the facts ..thats you...no expert evidence.All defences are supported by a witness statement as evidence...your defence is just your initial response....your statement is the nitty gritty in your own words as to why you are defending the claim.

 

Lowell or Lowells Solicitors if they are named seperateon the claim form.

  • Like 1

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

 

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

Share this post


Link to post
Share on other sites

Found email regarding meditation from scmreferrals@hmcts.gsi.gov.uk  in my spam folder sent on 3 April, thought I would receive letter send by post in this?

Also had phone call last week I missed and discovered left a voicemail for me which made me check.

 

It states has to take place within 21 days of this email > is that including weekends or can it be counted as working days? So 21 days would give the date Thursday 2 May?

Or is it out of reach now which I am worried about 21 days would be Wednesday 24 April.

 

Question 2 I cannot really say yes to anyways? As I have not received all documents from Lowell’s. Problem though is I have not sent 2nd request letter either :(

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

 

Can I save this if I call them tomorrow? What should I do now so worried I would lose without a battle now and it’s just referred to county court and Lowell will stand strong?

 

Also I found old email from years back where Lowell offered 50 and 60% discounts on debt I feel so stupid now should I try settle with Lowell directly now instead to save it now? Or stand strong here I am not good with all this legal stuff.

Share this post


Link to post
Share on other sites

cal days

you answer yes until the actual phone mediation takes place

THEN you say no to the question regarding have you all info to make an informed decision..NO!

 

you should be reading up on whats next in the downtimes between stages

1000's of claimform threads her e lready


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...