Lowell claimform - 2xCap1 card debts

[sewingkit]

Hi Everyone,

 

I’ve just received a Lowell county court claim form (N1SDT, N9, etc) for 2 capital one credit cards dated 23/1

I’d like some help with it, is there a thread here detail what steps I should follow?
 

I.e do I just N9 and start paying or do I counterclaim and get détails of the CCA, etc

 

i saw citizenB thread on claim form where I copy and paste questions and answers re. initial facts, should I do that here. I have access to a PC and printer for scanning docs  etc

 

TIA

 

 

 

 

 

[Andyorch]

Thread moved to Financial Legal Issues Forum.Please continue to post here to your thread.

 

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

 

 

Andy

[sewingkit]

thanks Andy, will do

[sewingkit]

Name of the Claimant ? – Capital One/Lowell

 

Date of issue – 23/01

 

Particulars of Claim What is the claim for – the reason they have issued the claim? 

 

1)The Claim comprises the following

Agreements the Defendant entered into:

a. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

b. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

And the Claimant claims:

a) The total of said sums being £xxxx

b) Interest pursuant to s69 County Courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £103.70

c) Costs

 

 

What is the total value of the claim? £1500 (approx.)

 

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? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? – 2 x Credit Cards

 

When did you enter into the original agreement before or after April 2007 ? - No

 

Do you recall how you entered into the agreement...On line /In branch/By post ? – Online on a PC browser

 

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. – Original creditor (I Think) I think/assume Lowell are acting on behalf of Capital One.

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? – Yes, I think so, I would have to did out or might have thrown away

 

Why did you cease payments? – Could not afford to pay due to other debts

 

What was the date of your last payment? Approx August 2017

 

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

 

So, I see the Assigment comment there so I have to find the notice of assignment,

I cant remember either way if I received one, 50/50 tbf, memory is so sketchy these day.

 

I would have to spend some time going through loads of mail and there is a small chance I might have thrown it away, very small as I doubt myself on everything at the moment

 

I see the Assignment comment there so I have to find the notice of assignment, I cant remember either way if I received one, 50/50 tbf, memory is so sketchy these day.

 

I would have to spend some time going through loas of mail and there is a small chance I might have thrown it away, very small as I doubt myself on everything at the moment

 

Thanks

[dx100uk]

thank you. thread tidied.

 

you will need to send 2 CCA requests one for each listed A/C number.

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

[sewingkit]

 

Thanks Dx, I HAVE to go to work now but will read and action all this today/alter after work. 

[sewingkit]

Hi Dx

 

Did the Ack of Service with MCol on 31/01

 

I sent off the forms, 2x CCA request and the CPR request on 11/02, all recorded.

 

I had confirmation of the request from Lowells letter dated 19th Feb rec a couple of days ago which they said the usual, take time to get the data/they have requested it, etc but they KINDLY reminded me of my "Deemed Service date" of 28/01 (5 days after the Claim form date!). nice of them

 

My claim form is dated  23/01

 

So, may i ask what I do next as I my 33 days are very near?

 

In fact I think my 33 days runs out tomorrow unless Lowells date of 28th is right (!) 

[dx100uk]

your defence was due Friday by 4pm.

 

dx

 

[sewingkit]

Thank you, nothing i can do then?

[dx100uk]

you are a LiP ...litigant in person...joe public against a court system that is not that easy to comprehend, so you are given certain leeway..

which is why in our guide in post 2 and again in post 5 clearly shows you how to calculate and ensure your defence is filed by the correct date.

 

 

[sewingkit]

OK, thank you for your help. 

 

Other bigger things on, sorry. 

 

may I ask what happens next now that I have missed the deadline?

 

thanks

[dx100uk]

1)The Claim comprises the following

Agreements the Defendant entered into:

a. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

b. Capital one (Europe) Plc with reference (Card no) and current balance of £xxxx

 

2.The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

 

And the Claimant claims:

a) The total of said sums being £xxxx

b) Interest pursuant to s69 County Courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £103.70

c) Costs

 

*****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 in the past had agreements with Capital One but do not recognise this specific account numbers or recollect any outstanding debts and have therefore requested clarification by way of a CPR 31.14 and section 78 requests to the claimant and their solicitors by way of recorded delivery on the 11th February 2020, neither the claimant nor their solicitors have complied with any requested paperwork to date.

 

3. Paragraph 2 is denied I have not been served with a Termination Notice nor Default Notice pursuant to the consumer credit Act 1974 from either the Original Creditor Nor the Claimant for either account. Neither am i aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) for either account.

 

4. On receipt of the claim form , the Defendant sent requests by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreements, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant solicitors have not complied, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

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

b) show how the Defendant has reached the amounts claimed for and;

c) show the nature of the breach and evidence by way of a Default Notices pursuant to sec 87(1) CCA1974

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

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as the Claimant is an assignee of the debts, 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.

 

……….

 

go copy and paste points 1 to 10 into the mcol website NOW as you did with AOS.

 

LIP gives you leeway to file late

 

dx

 

[sewingkit]

Thank you

 

and they say they are down for maintenance! Would you believe it, lol

 

OK, im in now and I think I have done it right

 

Defence - Yeah

Copy and Paste the text

Next - No counterclaim Next

Next and it gives me a summary of the 10 points then I submitted

 

I think i did it right *crosses fingers

 

Sorry Dx, I just realised I only copied and pasted the black text 1 to 10 not all of it including the red text above 1 & 2 as well.

I kinda panicked a bit because Ive not done it before.

 

Is that going to be ok?

[dx100uk]

no need to hit quote everytime, just type

no you didn't need to file the red bit.

that's why I said points 1 - 10...

 

you into sewing then huh...8 machines here....

[sewingkit]

Cheers, mini panics, lol

 

name, long but interesting story

 

remember dial up modem internet! Lol. I was playing an online dial up game back along, maybe 25 years on first snazzy pc that cost £3000. I wanted a particular username for the game but it was taken, I was well hacked off, bit frustrated so leaned back on chair, was just looking around room and saw a handy little sewing kit on the shelf, thought Oh flip it, that’ll do and it’s stuck ever since, I use it for most things since

 

ive spent the last 25 years trying to explain it to everyone when I try and give my email address to them, hearing them spell it out and then they twig and go, ahaaa! Doh! 

 

kind funny story but no, not in sewing machines but do dig them man! Lol

 

made ya night I bet, lol

[dx100uk]

hehe appreciate that, sort of runs with my username, now that goes back further than even the internet, but has run through since my days on CompuServe...

 

keep us updated...

 

dx

[Andyorch]

Minor error in the above defence..

 

7 (c)  should have stated......

 

(c)show and evidence the service of a Default Notice pursuant to sec 87 (1) of the CCA1974

 

...not 88

 

[sewingkit]

Thanks Andy

 

Do I change it or can I change it?

[Andyorch]

You cant now..but you can correct it later in the process.

[sewingkit]

ok, thanks

[sewingkit]

 

Receipt of Defence rec 25/02 from HMCS, that went through ok even a day or 2 late.

 

Nice letter received from Lowell Solicitors saying that cant find anything with the reference number i provided on my CPR even though put the case number on the CPR request. Delaying tactic i guess but ill send them a letter with the 2 account number/references today to help them on their way. *facepalm

 

Onwards and upwards!

[dx100uk]

not your problem.

 

if the fleecers want to issue a claim that they have no idea about, that's their problem.

more to put in your WS about their total incompetence and abuse of the legal system using a speculative court claim as a debt collection tool.

 

[sewingkit]

aye

 

I know what ya sayin but then i guess my question is do I help them or not, send them the Ref numbers?

Ive done the letter, took me 5 mins and I have a stamp although I begrudge pence for it ya know. because this is all legal stuff is that it, I wont get my CPR file if they sday they cant find me so I kinda lose out a bit

 

What do I do next please TIA  

  

[dx100uk]

erm..you don't want them to reply to a CPR..think about..

stop thinking you need to help or even interact with any dca fleecer on any debt.

 

simply invites pointless letter tennis....

[sewingkit]

ok, I see what you mean, it adds to my defence that they cant be assed to find the records even though I have given them sufficient details to find it

 

Just learning the ropes