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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

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    If your case is over 10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    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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Lowell Solicitors vs Capital One old CC debt

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  • #16
    Re: Lowell Solicitors vs Capital One old CC debt

    Originally posted by warwick65 View Post
    Hi

    So you have two things going on
    1) the claim ( which is the most important IMO)
    2) Reclaiming charges

    How is the claim going, I assume you acknowledged the claim and sent off your CCA request and CPR31.14 request
    Have you had anything back

    Also when you look through the details of the SAR you it should show records of when the default notice was issued or when the account was sold.

    Also did you receive everything you asked for or did the letter from Capital One claim to know what you wanted and said there may be more?

    I know SARS are not the easiest thing to read but worth looking at
    I paid the claim a couple of days after I received it as I did not want to risk getting a CCJ.
    I sent off the CCA and CPR request and received responses from both Lowells and Capital One.
    Confirmation from Lowells saying they bought the debt,a s well as a letter confirming they had received payment and no further court action would proceed.

    I received a 3 inch pack of paperwork from Capital with EVERYTHING including the default letter that was sent at the time.
    Lowells said they cannot send me a copy of the "Deed of Assignment" as it is a confidential agreement between them and their client.

    Comment


    • #17
      Re: Lowell Solicitors vs Capital One old CC debt

      OK

      Well in that case get claiming the charges back.
      Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
      I have no formal legal training
      Any advice is offered without liability
      If in doubt take professional legal advice or contact the CAB

      Comment


      • #18
        Re: Lowell Solicitors vs Capital One old CC debt

        Thank you

        Is my draft letter above ok?

        Comment


        • #19
          Re: Lowell Solicitors vs Capital One old CC debt

          Also wanted to add that there was PPI on the account. I had cancelled it after about two years though and they sent me a copy of the form I had completed and posted to them. I had ticked the box.It was not an online forms. They also sent me a copy of the message I sent to them asking them to cancel the PPI.

          Comment


          • #20
            Re: Lowell Solicitors vs Capital One old CC debt

            I am afraid i know very little about reclaiming charges and PPI
            [MENTION=6]Amethyst[/MENTION] might know who is the expert
            Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
            I have no formal legal training
            Any advice is offered without liability
            If in doubt take professional legal advice or contact the CAB

            Comment


            • #21
              Re: Lowell Solicitors vs Capital One old CC debt

              Originally posted by *worried* View Post
              Also wanted to add that there was PPI on the account. I had cancelled it after about two years though and they sent me a copy of the form I had completed and posted to them. I had ticked the box.It was not an online forms. They also sent me a copy of the message I sent to them asking them to cancel the PPI.
              You can do by just writing to the creditor with the details of the account and why you consider the PPI was missold e.g. you were told you had to have it to get the credit or you were otherwise covered.

              nem
              The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
              Please make your own decisions with care and if necessary seek qualified legal advice.
              I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.




              Comment


              • #22
                Re: Lowell Solicitors vs Capital One old CC debt

                Hi everyone. So, I have gone through the process of making attempts to reclaim the credit card charges and Capital One have come back to say they will not be refunding anything.

                I am now ready to start the proceedings through the small claims court.

                Can someone point me to the most recent particulars of claim for reclaiming credit card charges please?

                Thank you.

                Comment


                • #23
                  Re: Lowell Solicitors vs Capital One old CC debt

                  Their response these days and the FOS agree with them stating lies of actual events.

                  Comment


                  • #24
                    Re: Lowell Solicitors vs Capital One old CC debt

                    Originally posted by MIKE770 View Post
                    Their response these days and the FOS agree with them stating lies of actual events.
                    So what does this mean? I should not pursue a claim?

                    Comment


                    • #25
                      Re: Lowell Solicitors vs Capital One old CC debt

                      no means I have been there in the last week or so thru Cap one and the FOS, = as far as a court claim that is another area of choice -yours, but comment states responses from the other two out-lets seem to be they are in colusion.


                      sure as far as clourt claims somebody should be able to advise that method with up to date information?

                      Comment


                      • #26
                        Re: Lowell Solicitors vs Capital One old CC debt

                        Ok.
                        I have never been to the FOS for any claims as I have always thought they would take the other side.
                        I have searched the forum and can't see where anyone has made court claims for Credit Card charges in the last couple of years.
                        Would be nice to see what other recent experiences have been like.

                        I have particulars from years back, but I don't know if they still apply or if there have been changes in the last few years.

                        Comment

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