Court claim lowell Capital One credit card

[trajay]

HI all .

I have recieved a claim form from Lowell Portfolio for just under £3000. 

Unfortunately i have been too distressed to deal with it and hid it away.

 

Its dated 23 Jan from Northampton court. Form N1SDT.

Its for a capital one card debt from 2015.

Have i messed up?

Is it too late to do anything.?

 

I called a debt line last night but they said they cant help me as my husband is self employed.

Although he hasnt worked for a while and money is tight.

 

We have had a series of knockbacks in recent years and its all getting too much.

Both our parents died recently, my husband had skin cancer and now i have been diagnosed with a chronic degenerative lung condition thats making my day to day life even more harder. I have had to change jobs and do less hours as im not uop to it now. 

 

We just cannot cope at the moment.

If my landlord finds out about these debts will they renew our contract? 

 

I do owe money to other cards and we are behind with other bills and i just dont know what to do anymore. 

 

Do i just let it run its course now its too late.?

Im frightened the others will come chasing soon.

Please help me.

[AndyOrch]

Hi and welcome to CAG

 

I have moved your topic to the appropriate forum...Financial Legal Issues.

 

You should of acknowledge service by the 10th Feb and stated your intended plea.Follow the instruction in the claim pack and go on line to acknowledge service now.

See if MCOL will still allow it and if so do it and come back here for further advice......defend all.

 

Andy

[trajay]

Hi Andy.

Thanks for coming back. 

There are multiple options ,which one do i follow?

You say defend all, do you mean option 6 'if you disagree with this claim or if you want to make a claim against the claimant'

sorry to ask but im not sure what part to respond to. 

thanks 

[AndyOrch]

Just tick defend all then exit for now........

[AndyOrch]

So it allowed you to acknowledge service and you have stated you intend to defend all...keep a record of your gateway username..your password is on the claim form.

 

Now read the following link and then copy the Q,s and your responses back here so we have all the details in one post.

 

 

[trajay]

Hi 

Im online and logged in. 

Its taking me through a 7 part questionare .

Step 2 says dispute reasons.

 

Do you dispute the claim because you have already paid it? *

 No, for other reasons
 Yes, I paid the claimant

 

Step 3 is a box to fill in defense reasons. i dont know what to put in here. i cant leave it blank

Sorry really confused now

 

[trajay]

• Name of the Claimant ?Lowell Portfolio

Date of issue 23 Jan 2020

 

Particulars of Claim

 

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

1) the defendant entered into an agreement with capital one credit card which was regulated by the consumer credit act 1974 under reference  546**********358 on 25/09/2015

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 21/02/2019 and written notice given to the defendant.

4)despite repeated requests for payment the sum of £2300 remains due and outstanding.And the claimant claims

a)The said sum of £2300

b)intrest pursuant to s69 count courts act1984 at the rate of 8% per anum from the date of assignmentto the date of issue , accruing at a daily date of £0.51, but limited to one year,being £173

c) costs

 

What is the total value of the claim?£2700

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC no

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?We moved to this address July 2018

 

Did you inform the claimant of your change of address?no

 

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

 

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

 

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

 

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.purchaser

 

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

 

Did you receive a Default Notice from the original creditor?no

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?no

 

Why did you cease payments?illness

 

What was the date of your last payment?2015

 

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

[AndyOrch]

Your defence is not due or ready yet to submit ...you  just acknowledge service and state defend all and then exit.

 

The defence is due Monday 24th by 4.00pm...you will log back into MCOL and submit the defence.

 

Topic title updated

[dx100uk]

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]

[dx100uk]

as for all your other debts

make a list for us

start a new topic and we'll help you.

[trajay]

Thanks guys

have just done the response to the court.

I will read up on your links and try to get a good understanding on where this is going.

I will also start a new thread listing my debts too as you suggest. 

It would be great to receive some good advice , its making me feel sick thinking about all this.

Thanks for your help so far.

[AndyOrch]

Your defence is due on Monday so you wont get a response to a CCA or CPR in time to use as part of your defence.

 

Have a look in the following forum at example defences.

 

https://www.consumeractiongroup.co.uk/forum/369-legal-issues-subforums/

[trajay]

Hi 

 

What type defence,if any am i looking to offer.? 

i will read through the forums as you suggest. 

Am i disputing the amount,how the claim has been made, or something else?

Thanks

[AndyOrch]

Well normally you would have 33 days to respond but because you have failed to deal with it......which the DCAs that issue court claims love.....your time is restricted in preparation. I would advise you send the CCA and CPR 31.14 off today so at least they can be referred to within your defence even without a response they will still have to comply as the claim progress.You will use the normal holding defence that puts them to strict proof/ disclosure of the relevant documents required to enable them to enforce the agreement by way of the court claim. 

[trajay]

OK thanks.

Is there any merit or anything to gain in calling these people?

I've been reading some online posts and articles.

Some posts say call them, but the majority say do not talk to them by phone ever.

I will get the CCA CPR off today regardless..

 

Thanks again

[AndyOrch]

No nothing to be gained in conversing with them...they only understand £$ and pence...not interested in anything else.

[trajay]

Thanks.

Will keep away from that then..

That was the general view tbf 

[dx100uk]

some reading for you

 

https://cse.google.com/cse?cx=partner-pub-8889411648654839:3134625398&q=lowell claimform cap1 card debt&oq=lowell claimform cap1 card debt&gs_l=partner-generic.12...243002.253391.0.255698.31.31.0.0.0.0.157.2399.30j1.31.0.gsnos%2Cn%3D13...0.10432j4280430j31...1.34.partner-generic..31.0.0.r1Z0nPTdxuw

[AndyOrch]

8 minutes ago, trajay said:

Thanks.

Will keep away from that then..

That was the general view tbf 

 

Not ours 

[trajay]

Hi all

 

I have been so stressed with all this. i really cant get my head around it all.

I am having trouble understanding what to do.

 

is there a template or something i can cut and paste into the defence particulars box.?

or do i just type that the first i ever heard of this from lowells is a court letter out of the blue?

 

i know i have messed up.Is it too late and should i just say i cant pay it. 

 

so so sorry to be a burden but im at my wits end 

 

 

[AndyOrch]

#########Defence'##########

 

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

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One. I do not recall the precise details of the agreement and have therefore sought clarity by way of CPR 31.14 and section 78 request.

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

4.Paragraph 3 is denied I cant ever recall receiving any Notice of Assignment from August 2012 or ever having being approached pre litigation with regards this alleged debt.

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has yet to provide any 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 how the Defendant has reached the amount claimed for; and

(c) show and evidence the service of a Default Notice pursuant to sec 87 (1) of the CCA1974
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. The claimant has yet to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. 


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

8. 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 82A of the consumer credit Act 1974.


9. 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.
 

 

[dx100uk]

[trajay]

Thankyou so much. i have just submitted it. 

As i mentioned i have had 2 real hard years and its gone so wrong so quick.

I do need to get some sort of control back, we are just so sick of all this.

If i can continue to ask your advice i would feel that i can turn this around a bit and start being happy.

Honestly thankyou so far, you guys are great.

 

[dx100uk]

well post 18 threads are worthy to read and get yourself upto speed

 

as for other debts and help

 

easy peasy

start a new thread and tell us all your debts and issues.

 

dx