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Lowell/Overdales claimform - Old Capital one cap1 card debt


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Hi all,

 I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage ..

My initial question for the moment - until replies come in

- is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt ..

but mediation is about coming to an agreement.

would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement?

Also,

I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours.

The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation

- there is no mention of rescheduling, only of freeing up the slot for others ..

although, I would have thought it would say so, if there were no possibility to reschedule..

Can I ask for another date without issue?

I am happy to post up my defence and start a proper thread?

I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, put my defence together from reading through relevant threads, late at night.

CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents).

The other thing, asking solicitors about the particulars of the claim, hasn't ..

although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?

 

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thread title updated

please complete this:

and post up the defence you filed too 

 

1 hour ago, nat8808 said:

until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt

:crazy:

not sure where you got that from...

is this the same issue?

Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group

 

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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  • dx100uk changed the title to Lowell/Overdales claimform - Old Capital one cap1 card debt
8 hours ago, nat8808 said:

I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt

Incorrect as the debt will have been legally assigned to the DCA and they are therefore now the legal creditor. Read up on debt assignment.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Thanks for the replies - will fill in the form asap.

I see you post time and again that a DCA, 9/10 times has no right to collect the debt.

And it is also set out in some of the defences I have seen you post in various threads... I had assumed this was the position to take. Hmm.

Keepingoin top of this stuff I do find difficult with my ADHD brain as it is all just imaginary,

in the ether as far as my thinking is concerned, nothing tangible or physical .. and remembering to check here also tricky (To-do lists don't work.. as I don't have a built habit to ever look at them twice!

They're immediately forgotten).

and so, accordingly, my mediation call is tomorrow morning..

and I'm just about to go to work for a few hours.

Any general advice for the call before I fill in the info?

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25 minutes ago, nat8808 said:

I see you post time and again that a DCA, 9/10 times has no right to collect the debt.

Not in your case Lowell do buy debts hence the court claim.

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 OTHER

 

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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On 23/05/2024 at 02:35, dx100uk said:

thread title updated

please complete this:

and post up the defence you filed too 

 

:crazy:

not sure where you got that from...

is this the same issue?

Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group

 

we all need the above doing please

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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Which Court have you received the claim from ? Civil National Business CEntre

Name of the Claimant ? Lowell Portfolio i Ltd

How many defendant's  joint or self ? Self

 

Date of issue –  15 Feb 2024

Particulars of Claim

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

The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits]

The Defendant failed to maintain contractual payments required by the agreement and a 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 16-06-23, 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 assignment to the date of the issue of these proceedings in the sum of £49.15

The Claimant claims the sum of £972

What is the total value of the claim? £1112

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill.

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

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 ? no

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

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. Assigned/purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter?

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 ? Not since the debt purchase, and not from Capital One.

Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments.

What was the date of your last payment? Appears to be 20/4/2022

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

Here is my Defence:

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 an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974.

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and 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 agreement and;

b) show how the Claimant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

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

Please note that I had to write a defence quite quickly as I hit the deadline.

At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc.

I submitted CCA request and CPR 31.14.

However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request.

I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company.

Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided.

The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number.

I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure.

I guess I may be on my own for this mediation ...

I am not certain the CCA request has been satisfied .. or if the CPR has been .

And then I appear to have evidence that the Default notices provided are fabricated ?

Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..

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when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward.

simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse.

end of problem.

 

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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Thank you for relying so quickly! That is what I had concluded was the reality of the situation..

I'm still waiting for the call within my time slot..

I will try to fill this thread with more info, find original letters and show the docs of the pack I was sent, a pack with no real covering letter to show what it was in response to or from whom..

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