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  1. #1
    *worried*'s Avatar

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    Unhappy Lowell Solicitors vs Capital One old CC debt

    Received a claim? Yes
    Issue Date:
    09/03/2017
    Amount approx:
    £412.14
    Claimant:
    Lowell Portfolio I Ltd
    Solicitor:
    Lowell Solicitors Limited
    Original Creditor:
    Capital One
    Particulars of Claim: Please type out in full excluding names/account numbers
    1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxx ("the agreement").
    2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.
    3) The Agreement was later assigned to the Claimant on 20/06/2013 and notice given to the Defendant.
    4) despite repeated requests for payment, the sum of £302.91 remains due and outstanding.
    And the Claimant claims
    1) The sum of £302.91
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue. accruing at a daily rate of £0.066, but limited to one year, being £24.23
    c) Cots

    Is the debt Statute Barred?
    No
    List any letters you have sent:
    None
    Any Other Info:
    A few years ago I was suffering from depression and pretty much gave up on life and everything. I had been made redundant, I ignored letters and jut wanted to die. Somehow I just about pulled through (still suffer bouts of depression now and I have had treatment in the past).

    If I remember correctly, approximately half of this money due can be attributed to late payment fees and overlimit fees. At the time I just could not deal with this. I was struggling to stay alive.

    I have gone on line just now and acknowledged the claim stating that I will be defending all of the claim.

    I would like to reduce the amt owed by claiming back the charges (can I still do this?). I never had PPI on the account.

    Do I pay the money and then submit a separate claim for the charges?

    I do not want to a CCj as I decided this year to save to buy a property and this is the last thing I need.

    I have followed the info on the "Received a Court Claim" thread. I am unsure what to do now though. I am guessing I need to send a SAR's request? Am I sending this to both Capital One and Lowell?

    I have had success in the past reclaiming bank and credit card charges and I have tried hard to "kept my nose clean" with regards to avoiding those charges. Now this landed on my doorstep today and I am very anxious about what to do.

    Any help guidance on how to approach this is hugely appreciated, as it has been quite a while since I have had to deal with this sort of thing.

    Thank you.

  2. #2
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    I have done some more reading on this EXCELLENT forum and found more info on next steps.

    I have typed up 2 letters, which I intend to post via Recorded Delivery on Monday.

    Capital One Letter
    With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

    I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    I understand a copy of our credit agreement should be supplied within 12 working days.

    I look forward to hearing from you.
    Lowell Solicitors Letter

    Request for documents mentioned in a statement of case under CPR 31.14

    On 11/03/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 06/04/2017.

    1. Agreement
    2. Default Notice
    3. Assignment
    4. Formal Demand

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13th March 2017.

    I look forward to hearing from you.

    Yours sincerely
    What do I do if (as I suspect) they do not respond with the documents? What happen then?

    OR

    Should I just pay up and then start the reclaim of the charges?

  3. #3
    MIKE770's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    SAR Capital one only =£10.00 postage order to cap one for statutory purposes only

    First Steps = Read This
    CCA Request £1.00 Postal order "for statuary use only" All Recorded Delivery
    || CPR 31.14 Request = no charge to solicitors requesting items mentioned on the N1 court form

    acknowledge claim and marked defend all = on line

    - - - Updated - - -

    Quote Originally Posted by *worried* View Post
    I have done some more reading on this EXCELLENT forum and found more info on next steps.

    I have typed up 2 letters, which I intend to post via Recorded Delivery on Monday.

    Capital One Letter


    Lowell Solicitors Letter



    I am a little concerned about timelines and when I should subit my defence.

    OR

    Should I just pay up and then start the reclaim of the charges?

    10th april submit defence the day before latest date.

  4. #4
    MIKE770's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    sure others will comment soon! do not panic!

  5. #5
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote Originally Posted by MIKE770 View Post
    sure others will comment soon! do not panic!
    Thank You. I really do appreciate your speedy response.

  6. #6
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote Originally Posted by MIKE770 View Post
    SAR Capital one only =£10.00 postage order to cap one for statutory purposes only

    First Steps = Read This
    CCA Request £1.00 Postal order "for statuary use only" All Recorded Delivery
    || CPR 31.14 Request = no charge to solicitors requesting items mentioned on the N1 court form

    acknowledge claim and marked defend all = on line

    - - - Updated - - -




    10th april submit defence
    Can I send Cheque's instead of Postal Orders? Do they still exist?

  7. #7
    MIKE770's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote Originally Posted by *worried* View Post
    Can I send Cheque's instead of Postal Orders? Do they still exist?
    can do but we always suggest postal order for benefit of doubt!

    - - - Updated - - -

    @charitynjw

  8. #8
    charitynjw's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Both cheques & P.O.s still exist.
    We would suggest the latter....cheques may reveal details which, if it were me, I'd prefer not to reveal to the Claimant.
    Also, as we also strongly suggest that you obtain proof of posting, a P.O. is conveniently available.
    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

  9. #9
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Thank You for your responses. Postal Orders it is!

    So just so I am clear.

    I am sending a SAR request (£10) AND a CCA (£1) Request to Capital One?
    And a CPR Request (£0) to Lowell?

  10. #10
    charitynjw's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote Originally Posted by *worried* View Post
    Thank You for your responses. Postal Orders it is!

    So just so I am clear.

    I am sending a SAR request (£10) to Cap1
    AND a CCA (£1) Request to Lowell Portfolio
    And a CPR Request (£0) to Lowell Solicitors
    ####
    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

  11. #11
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote Originally Posted by charitynjw View Post
    ####
    Thank You x

  12. #12
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    I am looking to buy a property in the next 18 months so I paid the court claim to avoid a CCJ.

    I received a bundle of docs from Cap 1 and calculated that I paid £384 in charges - I was defaulted for £302 in 2012.

    I am going to try and reclaim these charges back from Capital one. I have done the calculations with the 8% interest and it comes up to a total of £590.18.

    Am I right in saying that I start with a letter seeking the refund of charges and when they don't respond I issue Letter Before Action?
    We can still claim back unfair charges right or has that door closed?

  13. #13
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    This is my draft letter seeking a refund of the charges. Have I missed anything and is it ok?

    I am writing to request that you repay all the late payment fees and over limit fees that have been applied to my account.

    I understand that that these charges are unlawful at Common Law and Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. If you believe that these are not penalties, then will you please demonstrate this by giving me a fully breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

    I calculate that you have taken £384.00 plus £198.48 which you have charged me in interest on those charges. Therefore, the total that I am requesting at this stage is £582.48. I enclose a schedule of the charges which I am claiming with this letter.

    Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. Furthermore, you defaulted me for £302.91, an amount less than the amount of unfair charges you applied to my account.

    In addition to full payment of the sum mentioned above, I therefore require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

    I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

    If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

    If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

    After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

  14. #14
    MIKE770's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Please select your preferred option

    Make a complaint online or Write to us = can go to capital one site and make a formal complaint and attach spreadsheets?? just a thought

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    warwick65's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    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

  16. #16
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote 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.

  17. #17
    warwick65's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    OK

    Well in that case get claiming the charges back.

  18. #18
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Thank you

    Is my draft letter above ok?

  19. #19
    *worried*'s Avatar

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    Default 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.

  20. #20
    warwick65's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    I am afraid i know very little about reclaiming charges and PPI
    @Amethyst might know who is the expert

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

    Quote 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.





  22. #22
    *worried*'s Avatar

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    Default 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.

  23. #23
    MIKE770's Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

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

  24. #24
    *worried*'s Avatar

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    Default Re: Lowell Solicitors vs Capital One old CC debt

    Quote 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?

  25. #25
    MIKE770's Avatar

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    Default 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?

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