Lowell Portfolio I Ltd v Siouxsie

[Amethyst]

Re: Lowell Portfolio I Ltd v Siouxsie

That sounds absolutely fine - point 12 is fine if you CPR letter mentioned an extension of 28 days but they haven't replied.

You can submit on Moneyclaim online (it SHOULD fit) - if not you can post or send to the court by email as an attachment.

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Many thanks, Amethyst. Just a matter of waiting now, I suppose.

[Amethyst]

Re: Lowell Portfolio I Ltd v Siouxsie

Indeed. Probably within 28 days you should hear something from the court or the claimant. Let us know when you do xx

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Letter received from Court on 7th July

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Letter received today from Capital One dated 8th July 2016. I'm assuming that this is their response to my SAR. Does this indicate that they don't hold a CCA in their records ?

[nemesis45]

Re: Lowell Portfolio I Ltd v Siouxsie

Letter received today from Capital One dated 8th July 2016. I'm assuming that this is their response to my SAR. Does this indicate that they don't hold a CCA in their records ?

Did you make a formal Subject Access Request with the £10 fee?

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Yes I did, Nem, see my post above17th June 17:35PM in this thread,

[MIKE770]

Re: Lowell Portfolio I Ltd v Siouxsie

did you also request CCA1974 costing a £1.00 seperatly

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi Mike, I sent a CCA 1974 to Lowell who are instigating the claim. They bought the debt from Capital One. (see my earlier post in this thread 11th June 2016, 10:31am)

[charitynjw]

Re: Lowell Portfolio I Ltd v Siouxsie

Letter received today from Capital One dated 8th July 2016. I'm assuming that this is their response to my SAR. Does this indicate that they don't hold a CCA in their records ?

Utter bs, Siouxie.

Either they have data concerning you, in which case they should send it, or they do not, in which case they should inform you of that fact.

If it were me, I'd contact this Orton bod informing him of this & tell him to pass the request to Cap 1's Data Controller as a matter of urgency,

Did they retain the £10 fee?

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi Charity,
I shall phone the Royal Mail helpline either tomorrow or Monday and find out if the Postal Order has been cashed. I shall then write back to Capital One as you suggest. Many thanks.

[charitynjw]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi Charity,
I shall phone the Royal Mail helpline either tomorrow or Monday and find out if the Postal Order has been cashed. I shall then write back to Capital One as you suggest. Many thanks.

I recently had quite a battle with Cap 1 re an SAR; also, from other posts I have seen, my opinion is they seem to have a policy of trying to avoid their lawful duty, as per the Data Protection Act 1998, to supply details.
If I'd known that when I received their first Crap reply letter to me, I would have replied "anti up or I'll sic the ICO onto you!"
(Note that the bod isn't saying they don't hold the info.)

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

LATEST UPDATE : I heard nothing whatsoever from the Court or from Lowell since the letter from Court that I posted on 9th July (entry #19 above).
Yesterday I received the letter below from Lowell regarding 'Small Claims'. Firstly, I was wondering why I've heard nothing from Court since 7th July. Page 1 of the Lowell letter infers that I should also have had a form/questionnaire to fill in, but I've received nothing to fill in.
Additionally does this mean that Lowell couldn't come up with a CCA and are now going down the 'Small Claims' route?
Finally, the amount that Lowell claim has now gone up to £2161.41.

ANY HELP / ADVICE IS MUCH APPRECIATED

[Amethyst]

Re: Lowell Portfolio I Ltd v Siouxsie

You should get a directions questionnaire from the court shortly Lowell taken it upon themselves to send before the court has ordered them, if you're concerned that you should've had one call the court check with them it's most likely that they haven't sent them out yet.

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Thanks Amethyst,
Any idea why the claimed amount has increased ? Does this route also mean that they can't find the original CCA ?