URGENT: Lowell Solicitors CapitalOne CCJ

[Tony 86015]

Hi Guys,

I have denied debt from Lowell / CapitalOne and have to defend CCJ. Deadline to submit my defence is by Today 8th of Dec 2020 by 4PM.

I just wanted to make sure my defence is solid.

CCR and CPR requests were sent but not received details as requested regarding credit contract etc.

I received a letter from Lowell solicitors along with what seems to be a fraudulent letter supposedly from CapitalOne which is not even on letter headed paper. (attached)

What do the experts make of it and how should I approach my defense?

Thanks

Tony

[MIKE770]

that is allowable in same envelope and accepted as bulk buy has taken place for many companies so need to concentrate on the case!

[MIKE770]

is what you mean you state you denied any debt unless specified? what other action/ paperwork have you completed? xample Defence
id you request document listed on claim form? and entered in defence date and any response from lowells? very vague posting??

[Tony 86015]

Thanks Mike for your prompt response.
The only paperwork completed so far is the CPR and CCA.
So far I have denied any knowledge of owning this debt. I'm assuming they will have to prove otherwise?
Is it now a simple case of filing defence using guided template?
So far they have filed to provide proof of Agreement.

[pt2537]

What does the claim actually say? Its difficutly to plead a defence when you dont know what the claim says.

[Tony 86015]

Hi please see attached CCJ claim. Thanks guys. T

[pt2537]

Hi please see attached CCJ claim. Thanks guys. T

Claim form fails to plead a default notice was served. In my view that is fatal to their claim.

The claim is for breach of contract, to rely on breach and demand repayment of the full balance the creditor must serve a default notice under s87 CCA, and must plead it too. They are in difficulty there

[Tony 86015]

Claim form fails to plead a default notice was served. In my view that is fatal to their claim.

The claim is for breach of contract, to rely on breach and demand repayment of the full balance the creditor must serve a default notice under s87 CCA, and must plead it too. They are in difficulty there

Thanks for your valuable input. So they have a weak case. I have never received or seen a default notice. Should I mention this in my defense?

[MIKE770]

do not remind them at this stage???

[pt2537]

do not remind them at this stage???

Doesn't Doyle v PRA group suggest that its a point that must be pleaded?

[Tony 86015]

Hi Guys,

See my defence below and let me know if sufficient or needs amending especially note 9?. Really appreciate the help and support. Tony.

[Tony 86015]

I have submitted the above to court but omitted "A copy of a supposed notice of Assignment has been included but does not appear to be genuine as not on company headed paper and has never been seen before by the Defendant and is therefore rejected."
Thanks everyone for your help.

[Tony 86015]

Hi Guys,

Just wanted to update you on this. I received confirmation from the courts regarding my filled defence. (See Capture doc)
I also received letters from Lowell (See capture2 , 3, 4 doc).

I assume I do not take any further action?

Thanks in advance for help.

Tony

[Matty B]

Personally i think it was a mistake to deny having dealings with Capital One (unless it is true) because if they can prove you did- by for example providing a signed agreement, it might bring into question your honesty and you will have a higher mountain to climb.

I know Mike said not to mention no DN, I always thought you needed to put in your defence the material facts you would be relying on - and as PT says, if you use PRA v Doyle you are using the Default Notice as a material defence.

[MIKE770]

Always a mistake to deny. you have recollection of business with xxx xxx DN it has been stated in the past is or can be further down the line thus reducing their time to find?