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Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicitors]

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  • Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicitors]

    1- Received a County Court Claim from 'Lowell Portfolio I Ltd' for an old Capital One credit card account.

    2- 'Acknowledgement of service' was submitted on time.

    3- Posted (Recorded) CCA request to Claimant (Lowell Portfolio I Ltd) with 1 postal order. No response as yet (49 days).

    4- Posted (Recorded) CPR request to Lowell Solicitors. No response as yet (49 days).

    5- Filed my defensed and mentioned of no response to my CCA and CPR requests.

    6- Lowell Solicitors have lodged a Directions of Questionnaire. Which says 0 'witnesses, including yourself will give evidence' at D3 on DQ form.


    I need help with following,
    1- The Capital One account is Statue-Barred. I made last payment to Capital One in January 2010. Should I send a Statue-Barred letter to the Claimant?

    2- There is no response to CCA and CPR requests, how am I suppose to prepare my defense for court hearing?

    3- DQ filed by claimant's solicitors says 0 witnesses attending court hearing. Does it mean there will be no one to represent them?
    Tags: None

  • #2
    Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    Can someone please advise on above?

    Comment


    • #3
      Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

      What was the defence that you filed? Wasn't that centred on being statute barred?
      If you are sure this is statute barred then that is an absolute defence in itself.

      Comment


      • #4
        Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

        How much is being claimed?
        CAVEAT LECTOR

        This is only my opinion - "
        Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

          No I did not mention of Statue Barred in the defence .

          I mentioned that I've not received any documentation in response to my CPR and CCA request to enable me to assess my position.

          - - - Updated - - -

          Originally posted by charitynjw View Post
          How much is being claimed?
          4010 including court fee and legal costs.

          Comment


          • #6
            Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

            I would wait for the court to send through a court date and see if you get a witness statement and/or any documents from the claimant before applying to amend your defence. Once documents have come through you can apply to amend because you now have documents and subsequent investigation shows the debt is statute barred. Have you sent off your DQ ?

            Yes the 0 means they don't intend on attending the hearing.
            Common Sense .... if in doubt, use it !

            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment


            • #7
              Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

              It wouldn't do any harm to chase the CPR request,(by post with proof of posting).

              Do not chase the CCA request; while they are non-compliant, they cannot enforce the claim.

              But in any event, @Amethyst 's opinion above is good. (As always).

              Stick rigidly to the court's timetable & any instructions the court issues.

              & to echo Ame - have you dealt with your Questionnaire?
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

                Originally posted by Amethyst View Post
                Have you sent off your DQ ?
                Yes I've.

                Comment

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                SHORTCUTS

                Pre-Action Letters
                First Steps
                Check your dates
                Acknowledge a Claim
                CCA Request Letter
                CPR 31.14 Request Letter
                Subject Access Request Letter
                Example Defence
                Set Aside Application



                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


                NOTE: If you receive a court claim note these dates in your calendar ...
                Acknowledge Claim - within 14 days from Service

                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.





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