Lowell PAP now Claimform - Cap1 Card Debt

[fletch70]

If you haven't already done so I think a SAR (GDPR request) to Capital One is in order - that will confirm (or not) dates of default/termination/sale 

[Kappers]

Ok. I will do that to cross check the dates.

In the meantime should i respond to the 2nd PAP? 

I dont want them doing a backdoor CCJ because i didnt respond. 

 

You said it cost them dearly. Why is that. R they made up DNs

[dx100uk]

is this link working kappers

try this should work^^

 

do they not already know your correct address from the last PAP return you did?

so they cant get a backdoor CCJ anyway. not sure what you mean by saying that?

 

as you've already replied once and if you've not moved since then

I wonder if it might be better just to ignore this 2nd pap letter.

 

if they are going to issue a claim, replying or not other than by sending the SB letter which will give them something to think about and investigate ...is pretty pointless now.

 

everything else , bar as pointed out an sar to cap1, will be taken care of if/when/ever they issue a claimform.

fletch is already finding nice holes in the paperwork which can also be put to good use should they be silly enough to instigate a claim.

 

and there is also the issue that cap1 took 6mts to issue the default

 

[Kappers]

Hi

 

Thanks. Yes the link is working for me.

 

I sent the PAP this morning before I saw this response so will wait and see what happens.

 

Something is a bit strange that they send out another PAP for whatever reason.

 

Will be back when/if  I hear back.

[Kappers]

Received court claim form papers this morning.  Issue date is 19th June.

 

Can anyone advise on what to do Re completing these as  I want to defend.

 

 

[AndyOrch]

Thread moved to Financial legal Issues forum.

 

Please read the following link and copy and paste the Q,s and your responses back here for further advice.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

 

Regards

 

Andy

[Kappers]

Hi as advised here are my responses to the above.  What do I need to do next?  I intend to defend this but need some help in this direction.

 

Name of the Claimant?  Lowell Portfolio 1 Ltd

 

Date of issue – 19th June 2019.

 

Date of issue 19th June

 

date to acknowledge) = 5th July 

 

date to submit defence = 19th July (33 days in total) -

 

Particulars of Claim

 

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

1) The Defendant opened a Capital One regulated consumer credit account under reference xxxxxxxxxxxxxxxx on 20/03/2012 ('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 £301.36 remains due and outstanding. 

 

5.And the Claimant claims

a) The said sum of £301.36

b) Interest in 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 a daily rate of £0.066, but limited to one year, being £24.11

c) Costs

 

 What is the total value of the claim? £410.47

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?Yes received and completed two. 1st one received 24/05/2018 and sent back 18/06/2018.  Response received with paperwork 02/01/2019 from Lowell. 2nd One received 06/04/2019 and sent back.

 

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?not applicable

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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ?Online I think

 

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

 

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. Claim issued by Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?I was aware from the PAP letters response but cannot remember getting a notice of Assignment.

 

Did you receive a Default Notice from the original creditor?Again cannot remember getting one.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Have received some but cannot say got them every year over the last 6 years.

 

Why did you cease payments?Was previous partners spending and couldn't afford payments after the split.

 

What was the date of your last payment?23/04/2013

 

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?Cannot remember

 

 

[AndyOrch]

Date to acknowledge will be be Friday 5th July by 4.00pm and your defence by  Friday 19th July by 4.00pm...date on the claim form 19th June 2019. is day 1.

 

Please scan redact and upload the documents you received in response to the Pre Action Protocol.

 

Andy

[Kappers]

Thanks.

 

Attached the paperwork received from Lowells 2nd Jan 2019 and then they sent me another PAP.

 

Should this not be statute barred?  What is required in the defence part of the form. Can I use the fact that they sent me 2 PAPS.  I have been reading through the forums but struggling to understand what it is I legally need to put in for defence.

 

 

 

 

 

Lowell Solicitors response 2nd Jan 2019.pdf

[AndyOrch]

Is that the true quality of the documents or can you increase the Quality ?  If thats the true quality then most of that is illegible.

 

The Default Notice does not contain the correct format for dating purposes and correcting the breach...therefore invalid.

 

I cant read the actual agreement unless you can get a better scan.

 

Try not to worry about defences for now...long way to go.....all you have to concentrate on now is acknowledging service and reading other similar threads.

 

Andy

[Kappers]

Yep pretty much the same quality.   The agreement one is the worst.  I will try to get it a bit better on the photocopier I have used but it don't look promising.

 

Is it worth requesting another one due to being ineligible?

 

What is the correct format that you mention on the default notice?

 

I will go and do the acknowledgement and some homework.

[AndyOrch]

No lets work with what we have....but if its your scanner and not the quality of the docs...lets eliminate the scanner first.

 

Okay with regards to the default notice...it states that you must rectify the the breach by 28 days of the date of the letter.....its should state that you should rectify the breach by the actual date...and it should be 14 days not 28....but if you accept the 28 days which allows you to 11th Sept 2013......they then sent you a Statement of Default stating they had terminated the agreement on the 17th Sept 2013,,therefore not allowing the stated allowed time.

 

Its not quite statute barred....August 31st 2019 is the actual SB date,

[fletch70]

I am a tad confused.

 

The DN was issued 15th August giving 28 days from the date of the letter - that would make it say 12th September for remedy.

 

As the termination is 17th September- surely they have given enough time for remedy or am I missing something?

[AndyOrch]

No your not..... I calculated on 14 days instead of 28.......still the prescribed minimum is 14 days plus service. 

[Kappers]

Hi guys - Update

 

I acknowledged the papers within the timescale and have been looking/searching on here for info to do my defence.

Struggling to find anything like mine where they have issued so near to being statute barred and receiving 2 PAPS,  in eligible dubious paperwork but have copied and added to the below.  Getting in a panic as it the 33 days is up on the 19th.

 

Please can anyone advise as its all new to me and I have tried to research.  I also scanned the paperwork they sent me again to try and get it clearer, its the agreement that is pants.  Used the big photocopier at work but still cant get it any clearer.

 

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 and it is accepted insofar that I have once held a contractual relationship with Capital One.  I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14.

 

3. Paragraph 2 is denied I have never received any Default Notice from the original creditor.

 

4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 59 months ago.

 

5. On the 18th June 2018 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant respond to the CPR but still remains in default of the section 78 request. Some of the papers received did not appear to be originals and were not on company letter headed paper. 

 

The Capital One agreement was also in illegible and not showing a handwritten signature..  On 6th April 2019 a further letter of claim was received from Lowell Solicitors.  A PAPR1 was completed for a second time and returned on signed for on 2nd May 2019.  A letter from Lowell Solicitors dated 13^th May 2019 referring back to the 2^nd January letter that enclosed the dubious papers.

 

6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any true and illegible 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 and evidence the nature of the breach and service of a valid default notice;

(c) 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;

 

  7. 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

 

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

 

  9. 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 Act 1974.

 

10. 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 input would be greatly appreciated.

Capital One Agreement scan.pdf Capital One papers 2nd Jan.pdf

[AndyOrch]

Just a few tweaks....

 

The claimant cant issue a default notice...removed and I have also removed the change of solicitors...thats irrelevant to the claim.

 

Regards

 

Andy

[dx100uk]

good work kappers!!

 

dx

 

[Kappers]

Thanks Guys.

 

Just want to clarify so the above is Ok to use as my defence and I can just copy it to the online system?

 

What will happen next?

 

 

[AndyOrch]

Yes and yes.

[Kappers]

Thank you. Its all new to me

[Kappers]

Well that's my defence filed and showing as received. 

 

What happens next?  I have now got my credit report back from Experian.

Is there anything I need to be doing?

 

[AndyOrch]

Wait for the court to acknowledge the defence......that informs you what will happen next and what options are open to the claimant .

 

Andy

[Kappers]

Hi

 

Just a quick update. Letter from the courts dated 16th July formally acknowledging receipt of my defence and that a copy is being served on the claimant.  Advising claimant may contact me direct to attempt to resolve the dispute.  

 

Today received a letter from Lowells with a copy of their directions questionnaire agreeing to mediation (N180) and advising they have sent these through to the court.  Haven't seen anything from the court direct. 

 

Should I have received some other paperwork from the court too? 

Is it best to agree to mediation and what do I do as no papers for me to complete. 

 

I checked on the MCOL service and it doesn't seem to reference the papers that Lowell have sent me.

 

It should be statute barred come mid September. 

Will this come in to play with the courts or does it not count with a claim now being issued from Lowlife?

 

Been looking on here on mediation info but there seems to be confliction as to whether to agree to it (judge may see this as being good for my part) or to say no.

 

What is the best way to go? 

Thanks guys just need some guidance as confused with what I am reading.

.

[dx100uk]

you will get your own N180 from the court - follow as advised in any card claimform thread

yes, 1 wit-you, 3 copies etc etc.

 

you always agree to mediation unless already stated as SB'd in your filed defence.

 

SB clock stops on claimform issuance. 

 

 

 

 

 

 

[Kappers]

Just completed the N180 and sending to the court and a  copy to the solicitors with signatures/contact details blocked out.  Just wondered do I send it to the PO Box No for them as on the letters or the head office.

Also, is it best to send as signed for to the solicitors.  Just in case.

 

Thanks for the support