Lowell claimform - old Shop Direct Cat Debt + old cap1 debt - did AOS but failed to defend - now Judgement in Default.

[Grannyma]

Hi all 

I need advise regarding above matter please.

I received a county court summons issued on 23 01 20 with regard to a Capital one credit card debt.

I did not recognise this alledged debt.

 

I went on MCOL and done the Acknowledgement of Service and choose to defend all of the claim.

Unfortunatly i forgot to enter a defence.

I am a carer for my Adult son and things just got away from me.

 

I received the judgement for claimant letter friday gone.

I am at my wits end as i can't afford this.

 

I have also had to socially isolate my self and my son under the present circumstances (corona) as we are both at high risk.

Any help in this matter would be gratefully received.

 

 

 

[dx100uk]

please complete this so we have the required back fround info to properly advise you.

for noe do nothing without confirming it's the correct action first.

 

just to clarify..there is little anyone can do, most certainly regarding poss bailiffs etc, there is no right of forced entry even if lowells via the court get them to be involved.

let's get your duck-inline first please

 

dx

 

 

dx 

[Grannyma]

Name of the Claimant ?

Lowell Solicitors

 

Date of issue 

23 Jan 2020

 

Particulars of Claim

 

1) The Claim comprises the followingAgreememts the defendant entered into:

a. Shop direct financial services with reference ...and current balance £2487.05

b.Capital one (Europe) plc with reference ...current balance of £271.43.

 

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

 

And the claiment claims :

a) The total of the said sums being £2758.48

b) Interest pursuant to s69 county courts act

1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £218.89

c) costs

 

What is the total value of the claim here

£3162.37

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred ? No

 

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

 

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

capital one credit card and catalogue
 

When did you enter into the original agreement before or after April 2007 ? unknown at this time

 

Do you recall how you entered into the agreement...On line /In branch/By post  online for catalogue

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes for catalogue no for credit card

 

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.I assume it's been assigned because of 2 different claims

 

Were you aware the account had been assigned – did you receive a Notice of Assignment 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?Severe financial difficulties caused by caring for my disabled son.

 

What was the date of your last payment?Don't know

 

Was there a dispute with the original creditor that remains unresolvedNo

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No 

[dx100uk]

Guess last payment s??

within 6yrs??

 

 

[Grannyma]

Name of the Claimant ?Lowell 

 

Date of issue 23 Jan 2020

 

Particulars of Claim

 

 

Give answer here

1) The Claim comprises the followingAgreememts the defendant entered into:

a. Shop direct financial services with reference …….. and current balance £2487.05

b.Capital one (Europe) plc with reference …... current balance of £271.43.

 

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

 

3.And the claiment claims :

a) The total of the said sums being £2758.48

b) Interest pursuant to s69 county courts act

1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £218.89

c) costs

 

What is the total value of the claim?£3162.37

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?here No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

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

 

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

 

When did you enter into the original agreement before or after April 2007 ? unknown at this time

 

Do you recall how you entered into the agreement...On line /In branch/By post  online for catalogue

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes for catalogue no for credit card

 

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. I assume it's been assigned because of 2 different claims

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  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? Severe financial difficulties caused by caring for my disabled son.

 

What was the date of your last payment?  August 2019

 

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 

[dx100uk]

were your last payments within 6yrs?

[Grannyma]

Yes for catalogue but no for Credit Card

[dx100uk]

so no payments nor use was made of the card in the 6yrs previous to the date of the CCJ?

 

dx

 

[Grannyma]

 

No to the best of my knowledge

[dx100uk]

go ring cap1 and ask them last payment date? 

[Grannyma]

Got through to cap1 after being in the que for 40 minutes.

 

really unhelpful and would only discuss my current card.

 

What next?

write to Lowell?

SAR? 

[dx100uk]

god no never contact they fleecers they'll lie.

 

now go back to cap1

 

under the prevention of fraud act

and 

the data protection act

they MUST hold your data for 6yrs.

 

so ask to speak to a supervision.

tell them if you don't get the info you want

as soon as the call is over you WILL be contacting the ICO and opening a serious complaint against cap1 and seeking financial compensation.

 

what you need to know from cap 1:

 

that the debt is over 6yrs old so they don't have the info - statute barred in that case

or 

 

the last payment or your usage date

 

don't get off the phone till you get either