CCBC Claim form from Lowell Portfolio 1 LTD (Capital One Credit Card) - Please help

[damob666]

Received a claim? Yes/No: YES
Issue Date: 19/1/21
Have you Acknowledged the Claim?: YES (via MCOL)
Total Amount Claimed : £3000
Claimant’s Name: Lowell Portfolio 1 LTD
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: CAPITAL ONE
Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
Particulars of Claim:

1)The Defendant entered into an agreement with Capital One Credit Card which was regulated by the Consumer Credit Act 1974 under reference ***************** on 12/12/2016 ('the Agreement')
2)In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3)The Agreement was later assigned to the Claimant on 07/11/2019 and write notice given to the defendant.
4)Despite repeated requests for payment, the sum of ******** remains due and outstanding. And the Claimant claims
a) The said sum of ********
b) Interest pursuant to s69 Count 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 *******, but limited to one year, being ********
c) Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I believe the alleged debt is not SB

List any letters you have sent (eg: CCA/ CPR ): CCA request sent, CPR request sent, SAR to Capital One sent (29/1/21) Signed for delivery (delivered 1/2/20)
Any Other Information or Background Details: Cant recall any letters being received from Lowell (ignore all spam/junk looking mail), although I did sign an agreement with Capital One
So as said above have followed all the first steps with this claim, and as far as I can calculate, needs to be submitted by 19th February (is this correct?), I believe I should have had the responses from claimant and solicitor by then or they will be in half as failing to supply information necessary to defend the claim, and I can submit that within my defence.

Will draft up a skeleton defence in the mean time, but is there any other advice or things i need to do in the mean time?

Thankyou so much in advance for your help and advice

[damob666]

So further to this I have received a letter from Lowell Solicitors (sent 3/2/2) which basically just asks to respond to CC claim, and has a copy of the notice of assignment (but non of the other requested documents (agreement/termination notice/formal demand). I have also received the SAR pack from Capital One. Am in the process of drafting my defence, having taken into account the notice of assignment which I have noted as the only document received from the solicitors.

Is there anything else I need to be doing at this point?

[MIKE770]

in defence just amend and state ob such a date a request for CCA>CPR.14 whatever but to date not received said documents.

[damob666]

This is my draft defence so far, can someone have a look over it and see if anything needs adjusting/amending:



In the Northampton County Court Business Centre

Claim No: **********

Lowell Portfolio 1 LTD

Claimant

And

************

Defendant

DEFENCE

1.The Defendant received the claim ******** from the Northampton County Court Business Centre on ************

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5.The Claimant’s Particulars of Claim states the agreement was entered into on *********

6.The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio 1 LTD on ********. The Defendant does not recall receiving notice of this assignment.

7.It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8.On the ******* The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice, Termination Notice and Notice of Assignment.

9.Lowell Solicitors have so far only sent the Notice of Assignment to the Defendant on ******** and have ignored the request to send ALL documents to the defendant as referred to in the particulars of claim

10.On the ******* The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio 1 LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.




Signed: ********

Dated : ********


Thanks in advance everyone, this forum is a wealth of knowledge and experience and the advice is greatly appreciated!

[damob666]

Can anyone please have a look at the above defence as I will submit it on tomorrow via e-mail

[MIKE770]

Celestine

[MIKE770]

This stage I would not ask court to order documents but later in proceedings. Do not give them more time to find?? THEY know the rules.

[damob666]

ok thanks, will take out point 14 then