*** WON *** Lowells Claim for Capital One Card

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks. Can I email it to Lowells or is it best to send recorded delivery?
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[Amethyst]

Re: Lowells Claim for Capital One Card

If they haven't said in writing they will accept service of documents by email then send it by post - it would actually go to the solicitors ( is that Lowell Solicitors?) (at the address for documents printed on the claim form)

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again.
I sent the directions questionnaire by email to the court and Lowells a week ago. I called Lowells to ask if they would accept a pdf doc by email and that they would acknowledge receipt and they said yes.
2 days later I hadn't received a response so I called again. The person said that they don't acknowledge but he did confirm that they had received the doc and that it was acceptable. I made a note of his name and employee number. I copied the court in on all of the emails.

This morning I received this from Lowells;

"Please be advised that as this is the first email we have received from you, we require some information from you in accordance with the Data Protection Act 1998 so that we can conduct our security checks.

Please confirm:
Our reference number
Full name
Full address, including post code
Full date of birth

By replying to this email, you also confirm that you give authority for us to record this email address and correspond with you by this method.

We aim to respond to you as soon as possible, but within 10 working days once we have satisfied our security checks. Please note that until we receive the above information from you, we will not be able to deal with your correspondence.

If you are responding to any contact that suggests that we may take steps such as issuing a claim or entering a judgment in less than 5 working days, please call us on the below number as we cannot guarantee that we will have seen your email."

Are they just fishing for details? The email address that I've used is on the Acknowledgement of Service, my Defence filing and the Directions Questionnaire, so is my name, address and date of birth. Surely that is adequate identification for DPA purposes?

Should I bother replying? Don't want to be unduly awkward but I also don't want to go out of my way to make their job any easier.

tks
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[nemesis45]

Re: Lowells Claim for Capital One Card

Hi again.
I sent the directions questionnaire by email to the court and Lowells a week ago. I called Lowells to ask if they would accept a pdf doc by email and that they would acknowledge receipt and they said yes.
2 days later I hadn't received a response so I called again. The person said that they don't acknowledge but he did confirm that they had received the doc and that it was acceptable. I made a note of his name and employee number. I copied the court in on all of the emails.

This morning I received this from Lowells;

"Please be advised that as this is the first email we have received from you, we require some information from you in accordance with the Data Protection Act 1998 so that we can conduct our security checks.

Please confirm:
Our reference number
Full name
Full address, including post code
Full date of birth

By replying to this email, you also confirm that you give authority for us to record this email address and correspond with you by this method.

We aim to respond to you as soon as possible, but within 10 working days once we have satisfied our security checks. Please note that until we receive the above information from you, we will not be able to deal with your correspondence.

If you are responding to any contact that suggests that we may take steps such as issuing a claim or entering a judgment in less than 5 working days, please call us on the below number as we cannot guarantee that we will have seen your email."

Are they just fishing for details? The email address that I've used is on the Acknowledgement of Service, my Defence filing and the Directions Questionnaire, so is my name, address and date of birth. Surely that is adequate identification for DPA purposes?

Should I bother replying? Don't want to be unduly awkward but I also don't want to go out of my way to make their job any easier.

tks
ADD

If you wish to deal with this via e-mail yes you will have to comply with the request.

[MIKE770]

Re: Lowells Claim for Capital One Card

Be honest always best by post Recorded Delivery too many e-mail seem to conveniently get lost, and if no receipt then how can you prove receipt by them!?

[ADDLED]

Re: Lowells Claim for Capital One Card

K, tks nem.

[ADDLED]

Re: Lowells Claim for Capital One Card

Brief update; I got a call this week from mediation service asking if I had all the docs needed for the discussion. CPR and CCA docs still outstanding so they've passed it to the judge for directions.
Tks for getting me this far.
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[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again, I received a letter from local county court asking to deliver copies of documents to the court and the claimant by next Tuesday. I also received a court date letter last week.

I still haven't had any CPR/CCA documents from Lowells, so I'm not sure what to do next. Would someone please be able to give me a bit of guidance and maybe some help putting together my bundle for the court. Ive had a look around the forum as I remember seeing a thread that had some detailed info on this, but I cant seem to find it

thanks in advance
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[ADDLED]

Re: Lowells Claim for Capital One Card

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=551]pt2537[/MENTION]

Hi again. Apologies for asking again but my defence bundle has to be in by Tuesday. Ive fleshed out my original defence and would really help if someone could take a look and see if it's adequate.

Im handling this as litigant in person and so I'm in a bit of a panic about getting the bundle right in the first place.

Also, I saw a post (I'm sure it was pt2537) that detailed Holwell Securities v Hughes 1974 and it also had detail of why it applies. I thought I had bookmarked it, but for the life of me I cant find it, as I wanted to include it in my bundle.

Thanks in advance... Here goes:



DEFENCE

Preliminary Matters

1. The Claimant’s claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserves the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. The Claimant states the claim relates to a credit card account with Capital One but without further details the Defendant is unable to identify such an account within his own records.

5. The particulars of claim state that the account was assigned to the claimant on 12/3/2015 and that notice was served and not complied with. The Defendant did not receive notice.
I refer to the case of Holwell Securities v Hughes 1974 and attach ITEM A as evidence

6. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

7. In respect of matters, which the Defendant is able to plead to, on the 5 May 2016 the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.
ITEM B and ITEM D attached as evidence

8. The Claimant has not disclosed any documents relating to their claim to the Defendant.

9. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

11. The Defendant has also sent a request by “recorded delivery” on the 5 May 2016 to the Claimant for inspection of documents mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.
ITEM C and ITEM D attached as evidence

12. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Default Notice

15. It is denied that the original creditor, Capital One, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
I refer again to the case of Holwell Securities v Hughes 1974 and attach ITEM A as evidence.

16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion

Accordingly, the Defendant avers that

20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

22. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.
24. The defendant was willing to enter into mediation, thus avoiding ther unnecessary costs of a court hearing, however the claimant had not provided the necessary documents for the Mediation Service.
25. The defendant claims reasonable administration costs in preparing this case. ITEM E attached, listing the costs incurred by the defendant.



Statement of Truth
The Defendant believes that the facts stated in this Defence are true

Signed
Dated

Attachments:

ITEM A – Holwell securities v Hughes 1974
ITEM B - Request Letter sent re s78 (1) Consumer Credit Act 1974
ITEM C – Request letter sent re under CPR 31.14
ITEM D – Postal receipt and stamped proof of postage for ITEM B & ITEM C above.
ITEM E – Summary of costs incurred by defendant.

[charitynjw]

Re: Lowells Claim for Capital One Card

Also, I saw a post (I'm sure it was pt2537) that detailed Holwell Securities v Hughes 1974 and it also had detail of why it applies. I thought I had bookmarked it, but for the life of me I cant find it, as I wanted to include it in my bundle.

http://www.bailii.org/ew/cases/EWCA/Civ/1973/5.html

Plus Wiki
https://en.wikipedia.org/wiki/Holwel...s_Ltd_v_Hughes

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks charity. There was also another page that detailed why it applies to things like default notices etc, kind of like an idiots guide (which I will benefit hugely from!).

[Kati]

Re: Lowells Claim for Capital One Card

tagging [MENTION=2]Celestine[/MENTION], [MENTION=87380]Diana M[/MENTION] and [MENTION=7765]Joanna C[/MENTION] too xx

[ADDLED]

Re: Lowells Claim for Capital One Card

@Celestine, @Diana M and @Joanna C [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

Hi, seriously can anyone please help me out? I have to get my bundle in by Tuesday, which means it needs to post off tomorrow. I had a stab at it as above but I really, desperately, need someone to take a look and see if its anywhere close to any use.
Thanks
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[Amethyst]

Re: Lowells Claim for Capital One Card

Good morning xxx I'll have a read back through your thread and check what you need to be doing - just nipping Daughter to work but be back shortly xx

[Amethyst]

Re: Lowells Claim for Capital One Card

Okey dokey

You've received a hearing date from the court and need to have your documents in by Tuesday. On the second page are there specific directions or is it standard 14 days before hearing documents and some instructions on Witness Statements?

I think we need to rewrite what you have done as a Witness Statement as opposed to a further defence but can you just check that hearing date letter pls and confirm what it actually says regarding submission of documents. I'll start switching it around so you know what I mean anyway xx

Also in your first post on here you say " Just had another claim from the above for a card balance that I paid off about 3 or 4 years ago " - is that still correct as far as you know?

In the xxxxxxxxxxxxxxxxx County Court

Claim No. XXXXX

xxxxxxxxx

Claimant

and

xxxxxxxxxxxx

Defendant

12^th September 2016

-------------------------------------
WITNESS STATEMENT
------------------------------------

I, xxxxxxxxx, of xxxxxaddressxxxxxxxxxxxxxxxxxxxxxx , am the Defendant and make this statement in support of my defence in this case;

1. I received the claim on xxth xxxxxx 2016 from the Northampton County Court Business Centre.
2. The Claimant’s claim form fails to adequately set out the nature of the Claim. The Claimant states the claim relates to a regulated agreement with Capital One.
3. I believe this to be a credit card account however I do not have any record of the account reference number given.
4. I have held a credit card account in the past with Capital One however that account was repaid in full in / around 2013, I do not recognise the amount being claimed or the account reference given by the Claimants, therefore I am unable to plead further in this regard as I do not know if the claim relates to that account.
5. I Acknowledged receipt of the claim via the Moneyclaim online service on xxth xxxxx 2016.
6. In order to find out more information to enable me to assess my position , on 5^th May 2016 I wrote to the Claimant requesting copies of documents mentioned in their statement of case pursuant to CPR Part 31.14 (EXHIBIT A) These documents being the agreement, default notice and notice of assignment.
7. Additionally, on 5^th May 2016, I sent a formal written request to the Claimant requesting a copy of the original credit agreement pursuant to section 78 of the Consumer Credit Act 1974 ( EXHIBIT B)
8. The Claimant has not disclosed any documents relating to their claim to the Defendant.
9. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10.
11.
12.
13. ....................

Statement of Truth
I, xxxxxxxxxxxxx, believe the facts stated in this Witness Statement are true.

Signed
Dated