Lowell court claim

[Ramfan22]

Hi all, im new to the forum but have read the court section but wondered if anyone could clarify my situation.

My wife took out a capital one card in 2008, and long story short it defaulted and never got paid, Lowell then bought the debt.

To be frank we buried out heads in the sand and it worked for so long but on Saturday we received court paper work.

We cant remember when this debt was last paid, but we believe it it well and truly statue barred now as it 2018 and we cant remember the debt being paid or acknowledged.

So what to do, contest the claim because we believe its statue barred and ask them for more information on what evidence they have.

I have posted the particulars from the paperwork below.

thanks in advance

[Matty B]

This is nopt something I can really help on as it outside my skill set but I think there are people who can. Diana M and warwick65 Amethyst might be able to help

[MIKE770]

details needed:- amount/last payment/ default date etc etc

[Amethyst]

Does this show at all on your wife's credit file ?

pop your acknowledgment of service in with intent to defend in full, and then send the cpr and cca letters from the first steps guide. Then you'll have a bit of time to check out whether this could be stat barred before filing your defence.

[Ramfan22]

Hi thanks all

we have done the acknowledgement of serivce and sent the letters.

The default and last payment we can’t remember, but going off the amount of houses we have lived in since 2008 (when the card was taken out) our hope is it is statute barred.

From Lowells point of view will they carry on with court action, or halt everything until they have all the information. From the particulars of the claim(picture posted) they seem short on details. They seem to just have card number and the date the account was opend. Would you normally expect more details.

thanks again all

[Amethyst]

It is quite normal for the Particulars of Claim to be very limited and for very little information actually to be know by the claimant until the defendant asks them for it, when they have to go back to the original creditor to obtain it. 87% of claims go to a default judgment ( ie aren't defended) so they have a good success rate without having to know anything about the debt.

Now you have acknowledged the claim and sent the letters it's a matter of seeing what they do come back with, if anything, and submit your defence on the right date - ie. 33 days after the issue date of the claim. Your defence can include the statute barring as this does put the onus of proof on the claimant - but it is good to wait and ensure the CCA and CPR requests are in play so that you aren't defending solely on the debt being time barred, just in case there was some random payment or you got the dates wrong - it happens a lot.

If the card was taken out in 2008 and never paid, then it is likely to have defaulted by 2010. It might well be worth spending a £10 and sending a Subject Access Request to Capital One to get full transaction lists etc. This won't show of course if you have made any payments to DCA's after it was sold, but should give you the default date, and show who it was first sold to ( if not the current claimant then there should be a further notice of assignment too ).

[Ramfan22]

Hi all, basically Lowell emailed me today and this was their response below.

The balance above relates to a former Capital One account which was taken out on 15 February 2008 and the last payment received was in the sum of £1.00 on 2 December 2013.
A request for the Agreement and Default Notice has been submitted to the original creditor and these will be sent to you upon receipt.

Seems a bit short on detail, surely the burden of proof still goes on them to prove the account it came out of was ours. Will they not disclose all this information when they have it or will they wait for court.

Thanks

[Ramfan22]

Lowell have said the case is currently under investigation while they wait for information from capital one. If they don't receive any evidence from capital one will they drop the case or proceed with the case in hope that we don't defend the case. Thanks