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

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi Amethyst, thank you kindly.

I've uploaded the allocation order pages that I received in August. About 10 days later I received a Notice of Hearing that was a single paragraph listing the court date and time.

Apologies but I was a bit muddled on my original post and got mixed up with a loan that I had paid off around 2013. That would mean I remove section 4 of the witness statement. Is there much else that I need to add to it, apart from adding an appendix of supporting documents?

Documents must be in by 4pm tomorrow, but the hearing isn't until middle of October. Does this seem a long way off to be filing documents?

Also, I must mail this and not email it?

Thanks again!
ADD

[Amethyst]

Re: Lowells Claim for Capital One Card

Ok so yes you need witness statements and copies of letters - I only made a start on the WS until we knew that was what was needed, basically you need to make your defence into a 'I did X on X and X happened' document, so yes ditch the paragraph on already paid off, and carry on through your defence in the first person ( using I, rather than defendant) then pop it back up here and we can polish it up a bit xxx Hopefully you get the idea from my starting point - if not just shout xx

You will need to attach copies of your letters, and a copy of the original claim and your defence too. Then a copy will need to go to court, a copy to the claimant and one for yourself. Post is best. You need to sign them anyway. You could submit to court by email - but claimants copy must be hard copy ( and send recorded delivery)

You should receive theirs on Tuesday too.

And yes it is a little early, it's mostly 14 days before, but it's good that it is early - less time for the claimants to come up with documents xx

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi, heres the statement. It's almost identical to your one so is there anything else I need to add to it?

I left off the bit about claiming costs/expenses; had heard you can claim for the hours I put in if the claimant doesn't comply with providing docs etc. Is that true?
tks
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Page 1

In the County Court at XXXXXXXX
Claim No. XXXXXX



LOWELL PORTFOLIO I LTD : Claimant

and

XXXXXXXX : Defendant




12th September 2016

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



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

1. I received the claim on 22^nd April 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 Acknowledged receipt of the claim via the Money Claim Online service on 3^rd May 2016.
5. In order to find out more information to enable me to assess my position, on 4th May 2016 I wrote to the Claimant and the Claimant’s legal representative 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.
6. Additionally, on 4th 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).
7. The Claimant has not disclosed any documents relating to their claim to the Defendant.
8. 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.
9. I therefore kindly request that the Claimant's claim is struck out.

Page 2



APPENDIX:

EXHIBIT A – Copy letter to claimant requesting copies of documents mentioned in their statement of case pursuant to CPR Part 31.14.
EXHIBIT B – Copy letter to claimant requesting a copy of the original credit agreement pursuant to section 78 of the Consumer Credit Act 1974.
EXHIBIT C – Proof of ’Recorded Delivery’ postage.
EXHIBIT D - Email from Claimant confirming receipt of Directions Questionnaire.



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

Signed




Dated

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again, I'm just off to pop this in the mail. Is it ok to go as it is?
tks
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi. I mailed my statements yesterday. Post has arrived today and nothing from Lowells. So it looks like they've ignored court directions and wasted everyone's time and money.

What should I do now?
Tks
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Still nothing from Lowells, court confirmed same also.
I'm considering emailing the court to ask them to strike out the claim. Would the following be ok?

I received an order from District Judge XXXXXXXX issued at XXXXXXXX Court on XX^{th August} 2016, detailing directions for this case. Paragraph 6 of the order states that copies of all documents must be delivered to the other party and the court offices by 4pm Tuesday 13^th September. I have not received documents from the claimant and, upon checking, neither has the court.

I have previously written to the claimant and the claimant’s legal representative to request copies of documents mentioned in their statement of case, pursuant to CPR Part 31.14 and section 78 of the Consumer Credit Act 1974, yet I still have not received these documents.

As the respondent I am a layman, yet I have been timely and thorough in complying with court directions at all points, and I have provided all documents as and when ordered. The claimant, a commercial business, and their legal representative, a firm of solicitors, have failed to comply.

I kindly request that the court strike out the claim.

Is this ok, or a bit presumptuous?
tks
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Further Update:
Lowells witness statement attached.

[nemesis45]

Re: Lowells Claim for Capital One Card

Still nothing from Lowells, court confirmed same also.
I'm considering emailing the court to ask them to strike out the claim. Would the following be ok?

I received an order from District Judge XXXXXXXX issued at XXXXXXXX Court on XX^{th August} 2016, detailing directions for this case. Paragraph 6 of the order states that copies of all documents must be delivered to the other party and the court offices by 4pm Tuesday 13^th September. I have not received documents from the claimant and, upon checking, neither has the court.

I have previously written to the claimant and the claimant’s legal representative to request copies of documents mentioned in their statement of case, pursuant to CPR Part 31.14 and section 78 of the Consumer Credit Act 1974, yet I still have not received these documents.

As the respondent I am a layman, yet I have been timely and thorough in complying with court directions at all points, and I have provided all documents as and when ordered. The claimant, a commercial business, and their legal representative, a firm of solicitors, have failed to comply.

I kindly request that the court strike out the claim.

Is this ok, or a bit presumptuous?
tks
ADD

Hello Addled,

Sorry to say getting the claim struck out is not that simple.

You will have to make an application to the court Form N244 and pay the £255.00 court fee.
The claimant has failed it seems to comply with the court order, when did you last check with the court?
How long has the stay been in place?

nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again.

Sorry this is all a bit short notice. I finally received a package from Lowells with about 80 pages of documents. Most were statements of account and copies of letter they claim to have sent me, but there were also copies of T&Cs and a credit agreement that they say bears my signature.

Ive uploaded copies - I think suitably redacted - and their witness statement on the previous post.

There are a few problems with the docs as I can see;

1) The signature bears no likeness to mine, it seems to slant to the left, yet the numbers written in the date column slant to the right. My signature is totally different to the one on the credit agreement. My passport and drivers licence prove this.
2) Witness statement says that the agreement was entered into 12-08-2002 but the “signed” application form given in evidence is dated 29-07-2002.
3) The witness statement confirms that "the account was up to date in that repayments were being made in full and correctly, until May 2014. Default Notice was issued 11 July 2014." The default letter is actually dated 8 June 2014, barely a month since the account was in good standing.
4) CCA terms signed and dated by Capital One on 26 Sept 2016 (the deadline date for submitting docs to the court).

Lowells had already missed filing deadlines twice and the court issued an order giving until 4pm on 26 Sept. I went away for a week on 29 Sept and still hadn't received anything, so I assumed they had missed the deadline and it would be struck out. When I got back at the end of last week there was a package on the doormat.

Hence I have left it a bit late and the hearing is on Tuesday next week. I would be really grateful if someone could take a look over the attachments and let me know what do I need to do now?

Thanks
ADD

- - - Updated - - -

Thanks Nem. Ive just posted a new update because there's been a development since my last post a few weeks ago.
ADD

[MIKE770]

Re: Lowells Claim for Capital One Card

0333 number in the terms = when did those start numbers introduced??

The famous short application form, - no terms and conditions present at inception comes to mind possibly as clause 8 etc quoted from?? another try comes to mind other will comment I am sure with more accurate info for you?

[nemesis45]

Re: Lowells Claim for Capital One Card

First glance that DN does not have a specific date to remedy.

[Amethyst]

Re: Lowells Claim for Capital One Card

Is everything you have uploaded ( signed agreement and terms ) marked as AK2 and AK3 ? As they aren't right for the following anomolies which want looking into further once I know if they are all being put forward as the inception terms.

2002 terms for comparison http://legalbeagles.info/forums/show...erms-agreement

In your copies there are references to section numbers - (eg see section 9) but no actual section numbers given.

Do you have any statements at all ? The interest rate on your given agreement is in the 30%'s but others from 2002 are 16%ish.

It states on the signed page 'refer to section 23 'use of information'. ( can you see any section called 'use of information' ?? )

On the actual terms recon it says 'by signing this agreement you are agreeing that information about you may be used as set out in section 1 ("Your personal information and how we use it"' ( again can you see any section called that ? )

There's a Typo on the reverse of the signed page - Credit Limit £Puchases and Balance Transfers

The interest rates don't match at all what is on the recon - Recon says 34.9% - reverse of signed agreement says 14.9%

Late Payment charges - were not £12 in 2002

The charges referred to in this agreement are currently as shown below.
• Late or failure to pay charge - f20
• Returned cheque charge - £20
• Overlimit charge - £20
• Returned credit card cheque charge - £15

2) Witness statement says that the agreement was entered into 12-08-2002 but the “signed” application form given in evidence is dated 29-07-2002.

That is usually the date the agreement was executed/account was opened which is by nature a while after it was signed when applying by post.

1) The signature bears no likeness to mine, it seems to slant to the left, yet the numbers written in the date column slant to the right. My signature is totally different to the one on the credit agreement. My passport and drivers licence prove this.

You can bring this up and supply copies of your signature by way of evidence.


I think you should get a skeleton argument together and in to court and claimant first thing Monday to counter all of this stuff but lets get facts straight first.

[ADDLED]

Re: Lowells Claim for Capital One Card

OK, thanks for that info. I'll post up the pages that they list as exhibits. I'm having a hard time redacting the personal info though.

[Amethyst]

Re: Lowells Claim for Capital One Card

0333 number in the terms = when did those start numbers introduced??

Introduced: March 2007

[Amethyst]

Re: Lowells Claim for Capital One Card

Email it to me.

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