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lowell PAPLOC now Claimform - Old Cap1 Debt notice still applicable?


Badger91
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Hi dx100uk,

 

Overdale Solicitors have sent me a letter confirming that they received my response to the pre action protocol form,

 

they have confirmed that the account was originally opened in October 2014, the account defaulted in 2015, and the last payment made was 7/06/19.

 

they have only included a copy of the original CCA, which is in better quality than the last one, and full statements. 
 

They have also said they are able to accept an affordable payment offer and they now require me to contact them with my intentions towards the above account. The account is on hold for 30 days.

 

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Still begging then..

 

did you do some research as advised??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes I have looked into the pre action protocol, which states that the creditor must provide requested documents within 30 days, which they haven’t yet provided it all, still waiting on the default notice, notice of assignment, I’m presuming that they don’t have it otherwise it would have been provided, all charges, interest, and purchases are included in the statement they provided along with CCA. 
 

Going by what you had said previously about Lowell not having to comply with all the requested documents in order to request northants bulk to raise a court claim.

 

will this mean that I won’t incur additional court fees unless they can provide the default notice and notice of assignment to the courts and that if they cannot provide them, will they back down? 
 

not sure if you had made a typo:

 

lowells if they have any paperwork issues typically did continue the claim once they HAVE to disclose enforceable documents..

 

did you mean to put they typically didn’t continue the claim. 


As you can imagine I don’t want to incur any additional fees, so if it means negotiating with them to remove the bank charges and just paying the remainder I would rather do this than later find that they have the documents after the 30 day hold on the account expires and they then begin the court claim

 

I have tried my best to understand however I do work full time nights and have other commitments and life that gets in the way, my expertise is no match from advise you all seem to understand like the back of your hands, it’s quite confusing for someone to understand, especially when your expected to figure it out yourself within 30 days, You advised me to return for advise when I received the PAPLOC letter and that’s what I’ve done, I returned for help with the next steps and it’s almost like you begrudge Advising people when they come for help, there’s no need to be so abrupt and almost passive aggressive tone, it’s almost as if you really hate having to advise people, clearly you would much rather we all be experts but that’s easier said than done. 


being a bit more understanding and some politeness would go a long way, you come across very rude, abrupt and argumentative, you don’t seem to show any empathy which has shown through your replies throughout the thread. 
 

If I was able to work this out on my own I wouldn’t ask, apologies for being such a hinderance to your day. 

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On 30/05/2021 at 23:07, dx100uk said:

plenty of

lowell claimform

threads here already 

get upto speed

use our enhanced google search box for the above.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, completed the following as best as possible, is the claim form the paploc letter or is this something else? 
 

Name of the Claimant ?  Overdale Solicitors (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. Give answer here

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

Give answer here

 

What is the total value of the claim?  £386.69 
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes , received Paploc letter, responded with CAG reply form, requesting documentation, have already requested and received the original credit agreement, and full statement including all transactions, interest and fees. Have requested notice of assignment, and original default notice but have not received them.
 

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

Did you inform the claimant of your change of address?  yes. 

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

 

When did you enter into the original agreement before or after April 2007 ? After, 24th Oct 2014.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online through very catalogue site ( shop direct ) 
 

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. debt purchaser has issued the claim, purchased by Lowell Portfolio l ltd on 30/04/20
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don’t think I have received anything titled notice of assignment however the first time I was made aware was 08/05/2020
 

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 ? I have no letters that were included in the SAR request from capital one, I have been receiving letters with the heading “statements of activity every 6 month since 29/09/2016.


Why did you cease payments? Lost Job, was on Jobseeker’s Allowance couldn’t afford to pay, entered into repayment plan but with capital one, later arranged to pay through stepchange debt management plan, which ceased after I was unable to make the token payments of £1.


What was the date of your last payment? 07/06/19
 

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?  yes explained I was out of work and was struggling to pay, interest was frozen, was put on to repayment plan and later moved onto a debt management plan with stepchange, which stopped when I couldn’t afford to make he minimum token payment of £1.

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no a pre action protocol letter of claim from a solicitor is not a court claimform

 

that comes as part of a large pack in a brown windowed envelope direct from northanrts bulk court.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I’m just thinking if it is worth my time letting it get to the northants bulk claim, 
Overdale Solicitors have said the balance could increase to 523.78 

 

their estimate figures are:

 

Interest - £30.09

Court fee - £35.00

Solicitor Costs - £50.00

Judgement costs - £22.00
 

I would be excellent if they cannot produce the requested documents and it becomes unenforceable, however if they

do have them I’ll then have to pay all the fees. 
 

if they don’t already have them, they have until the account comes off hold to acquire them. 
 

 

 

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doesn't mean they'll win mind.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

Judgement costs - £22.00

 

:???: That's a new one 

We could do with some help from you.

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2 hours ago, dx100uk said:

doesn't mean they'll win mind.

 

 

opps corrected

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ok thanks, but at what point will the fees be added to the balance, is it as soon as they make a claim to northants bulk, or is it after they provide the notice of assignment and the original default notice, I don’t want it to get to that stage if it’s going to jump up to 523 pounds. 
 

 

 

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letters with possible extra 'costs' are sent to panic people.

you appear to be the perfect victim

 

 

 

On 29/06/2020 at 21:57, Andyorch said:

A DCA cant add anything to a debt apart from a court claim issuance fee...with or without an valid CCA.....but if they did .....you dont pay it.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Hi, 

 

Today I have received a claim form with an issue date of 05/08/21, at the top of the letter it says “in the county court business centre, it has a claim number and below is the court address:

 

County Court Business Centre, 4th Floor, ST Katherine’s House, 21-27 ST Katherines Street,

Northampton,

NN1 2LH

 

Claimant :

 

Lowell Portfolio I Ltd

Ellington House

9 Savannah Way

Leeds Valley Park

LS10 1AB

 

Address for sending documents and payments if different:

 

Overdales Solicitors

PO BOX 1399

Bradford

BD5 5GA

 

The county court stamp and logo is blurred. 
 

The Particulars of Claim :

 

The claim is for the sum of £386.69 due by the defendant under and agreement by the Consumer Credit Act 1974 for a Capital One account with an account reference of ****************.

 

The defendant failed to maintain contractual payments required by the agreement and Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

The debt was legally assigned to the claimant on 30/04/20, notice of which has been given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of issue of these proceedings in the sum of £30.94

 

The Claimant claims the sum of £417.63

 

It also goes on to say “that the claimant believes the facts stated in this claim form are true” which has been signed by the claimants legal representative.

 

The total amount is 517.63

after a court fee of £50, Legal representatives costs of £50.

 

Time allowed to reply to this claim: you must respond to this claim within 14 days of service (or particulars of claim if served separately) the date of service is taken 5 days after the issue date.

 

If you agree with all of the claim and wish to pay now : 14 Days of the date of service.

 

If you agree with the the claim and are asking for time to pay: complete N9A document.

 

if you admit to only part of the claim:

complete the admission form N9A and the defence form N9B and sent them both to the court within 14 days of the date of service.

 

if you disagree with the claim or if you want to make a claim against the claimant (counterclaim):

You must send either the completed acknowledgment of service form or a defence form to the court within 14 days of the date of service, if you send the acknowledgment of service you must send a defence to the court to arrive no later than 28 days from the date of service. 
 

costs and interest: additional costs and interest may be added to the amount claimed on the front of the claim form if a judgement is entered against you.

 

could you advise on how I should proceed and if the letter is genuine as it doesn’t say northants bulk court and the form is blurred, Do you think this has has come directly from Lowell’s Solicitors.

 

I have been working nights so I’ve only just had time to let you know when I took the letter to work with me this afternoon, I will upload the letter within the next 3 days when I am off work if you would like to see it.

 

Kind regards

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  • dx100uk changed the title to lowell PAPLOC now Claimform - Old Cap1 Debt notice still applicable?

retitled and moved to legals

 

please complete this:

 

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

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/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Thanks Dx,

 

I've done as you advised and have edited the CPR 31.14 request and would just like to check with you if its right.

 

Lowell have already provided the following, original credit agreement, full statement of activity (statement of account) including all interest and fees, should I still include them on the CPR 31.14 or delete, The statement of account, isn't mentioned on the Particulars of claim, so should it be removed?

 

they are yet to provide the default notice or notice of assignment.

 

going to send it 1st class signed for tomorrow.

 

kind regards 

 

 

 

 

 

 

Edited by Badger91
typo
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actually i posted the above instructions in the wrong order 

 

we needed this 1st please:

 

just request the stuff they've to date failed to provide in your CPR, 

you dont need to re CCA no.

sorry

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Posted (edited)

Hi, here it is  
 

Name of the Claimant ?  Lowell Portfolio I LTD

 

Date of issue – 05/08/21

 

Particulars of Claim

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

 

1.The claim is for the sum of £386.69 due by the defendant under and agreement by the Consumer Credit Act 1974 for a Capital One account with an account reference of ****************.

 

2.The defendant failed to maintain contractual payments required by the agreement and Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on 30/04/20, notice of which has been given to the defendant.

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of issue of these proceedings in the sum of £30.94

The Claimant claims the sum of £417.63

     .

What is the total value of the claim?  517.63

After court fee of £50 and legal representative's costs of £50

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes , received Paploc letter, responded with CAG reply form, requesting documentation, have already requested and received the original credit agreement, and full statement including all transactions, interest and fees. Have requested notice of assignment, and original default notice but have not received them.
 

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

Did you inform the claimant of your change of address?  yes. 

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

 

When did you enter into the original agreement before or after April 2007 ? After, 24th Oct 2014.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online through very catalogue site ( shop direct ) 
 

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. debt purchaser has issued the claim, purchased by Lowell Portfolio l ltd on 30/04/20
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don’t think I have received anything titled notice of assignment however the first time I was made aware was 08/05/2020
 

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 ? I have no letters that were included in the SAR request from capital one, I have been receiving letters with the heading “statements of activity every 6 month since 29/09/2016.


Why did you cease payments? Lost Job, was on Jobseeker’s Allowance couldn’t afford to pay, entered into repayment plan but with capital one, later arranged to pay through stepchange debt management plan, which ceased after I was unable to make the token payments of £1.


What was the date of your last payment? 07/06/19
 

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?  yes explained I was out of work and was struggling to pay, interest was frozen, was put on to repayment plan and later moved onto a debt management plan with stepchange, which stopped when I couldn’t afford to make he minimum token payment of £1.

 

Edited by dx100uk
formatting
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ta

so get that CPR running NOA+DN required.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

Hi dx,  when you said you posted the above instructions the wrong way round, do you mean I shouldn't have registered my intent to defend all on MCOL website or is that still correct?

 

On the CPR, should I change this section "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered" to that I had delivered a request for the production of the NOA + DN.

 

can I DM you my completed CPR with all identifiable info removed to just double check its correct.

 

will I also be expected to attend court on northampton? If so can I claim travel expenses from lowell if successful.

Edited by Badger91
typo
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No the claim will be transferred to your local county court on allocation...assuming it gets to that stage....and most possibly will be a telephone hearing if Covid restrictions are still in play.

 

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 The National Consumer Service

 

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

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when did you last send lowell a CCA request?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The last time I requested the CCA was 11th june 2020, which I was sent on the 30th July, but it was blurred and barely readable, when I sent the pre action protocol reply form requesting the NOA + DN, they responded by sending me a clear copy of the CCA, but no NOA or DN.

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ok, send the cpr for NOA+DN.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Posted (edited)

ok,

 

On the CPR, should I change this section "Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered" to that I had delivered a request for the production of the NOA + DN.

 

 The wording didn't make sense to me as the request for the production of CCA hasn't been ignored, its been fulfilled, but the template doesn't state anything about removing or editing this line depending on the documents still outstanding, other than if a request was never sent. 

 

Edited by Badger91
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yes remove it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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