Hi Need Help With Lowells

[DannyC1965]

Hello everybody, i received a court claim from Lowell solicitors for a debt from Capital One dating back to 2010. The account shows as closed on Clearscore in November 2012 so they have just got this in before the 6 year time limit. Though this period i have not heard from Lowell regarding this debt as i separated from my partner and the correspondence may have gone there. I am unaware that the debt had passed to this company and lathough i recognise the debt, i do not recognise them in regard of it. Also they have sent the documents to the wrong address only in as much as i live at 100A and they sent it to 100. Unfortunately this is my landlord address and he is very unhappy about it.

The period that this debt occured was when i was dealing with my ex partners drug and alcohol addctions and since 2015 i have had custody of my children and would really like to put all this period behind me. I am on benefits and will have very little money to offer this company or pay off monthly.


1) The defendant opened a Capital One regulated consumer credit account inder reference *********** on 06/08/2010 ('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 31/08/2013 and written notice given to the Defendant.
4) Despite repeated requests for payment the sum of £598.74 remains due and outstanding. And the Claimant claims a) The said sum of £598.74 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 £0.131, but limited to one year, being £47.90 c) costs

My defence is due by the 3rd of March and i wondered how i should approach this?

Any help you can give me would be very gratefully received and if there is any way that Lowells who obviously bought this debt off of Capital One at a reduced price can be beaten?

If you have any questions please do not hesitate to ask

Many Many Thanks

[warwick65]

Hi
So I assume you acknowledged the claim via MCOL

Did you send either a CCA request to Lowell or a CPR 31.14 request to their representatives ( is it Lowell solicitors?)

You say the account is showing as closed on clear score - this is usually when the account is sold on- it will show as closed under Capital One and then a new entry from Lowell

When was the account defaulted- I am not sure if clear score shows this but I know Noddle does

When did you last make a payment or acknowledgment to anyone regarding this debt?

[DannyC1965]

Hi thank you for replying

I did acknowledge the claim online with the court

I have looked on Noodle and the default is 02/11/2012

I have never made a payment or acknowledged this Debt to Lowells and yes it is Lowell Solicitors Ltd. I did make payments to Capital One before i defaulted.

I have not sent a CCA or CPR 31.14 to them and have not recieved any documentation from them.

What are my next steps? I assume i must request what documentation Lowell hold. Do they usually have the required documentation once they have bought the debt?

Thanks

[warwick65]

Hi Danny

Sorry I didn't reply earlier- just got in and its been a bit of a day

If you want any realistic chance of defending your claim you need to , without delay
1) Send a CCA request to Lowell by royal mail signed for post along with a cheque or postal order for £1
2) Send a Cpr 31.14 request to Lowell solicitors asking for
The agreement
The Notice of assignment
The Termination notice
The 'Assignment' document between Lowell and Capital one

You will not get responses by 3rd March, which incidentally is a Saturday so your defence is actually due 4pm Monday 5th March but you can say you have asked for them and are awaiting replies.

I assume you have counted 33 days from the date om the claim form?

Out of interest, when did you open the account?

Kati can this be moved to the court claim section so it doesn't get missed again

[DannyC1965]

Thanks Warwick

I actually contacted the court by phone and they gave me the date of the 3rd of March as i was not able to log into their website.

It says on the court documents that the account was opened on 06/08/2010

What will be the wording of my initial defence until i have received the requested documents?

Also am i able to send both the CCA and the CPR31.14 in the same signed form envelope?

Many Thanks

[Amethyst]

The CCA goes to the Creditor ( so Lowell Portfolio ) and the CPR to the Solicitors acting for the Claimant ( so Lowell Solicitors ) so it is best to send separately. Both addresses should be on the claim form.

Just for ref for you; CCA Request Letter
CPR 31.14 Request Letter

Example Defence

[DannyC1965]

Hi

Just to clarify one more thing.

There are two addresses on the court order, one is Lowell Portfolio I Ltd in Leeds and the other is Lowell Solicitors in Northampton as a PO Pbox address. Which letters do i send to whom? The letters are prepared and ready to be sent

Many Thanks

[Amethyst]

CCA Request to Lowell Portfolio in Leeds ( Lowell Ellington House 9 Savannah Way, Leeds Valley Park West LEEDS West Yorkshire LS10 1AB ? )

CPR 31.14 to Lowell Solicitors in Northampton (Lowell Solicitors PO Box 1419. Northampton NN2 1BU ? )

[DannyC1965]

Apologises posted before i had seen your reply.

Many Thanks for all your help. Is it likely that Lowell will be able to produce these documents?

[Amethyst]

As the account was opened in 2010 it is likely you opened the account online, and Capital One are likely to have a copy of the agreement, whether Lowell can/will produce it or not is anyones guess though.

Are there any disputes over the debt at all or was it simply your circumstances meant you were unable to pay it at the time?

Regards your landlord and your credit file - presumably a CCJ would not be a particularly welcome addition - if you defaulted on things mainly around 2012/2013 you're looking at 2018/2019 to get clear, a CCJ would remain for 6 years from judgment so could extend that to 2024. After you have got the letters off and filed a defence, you could see what they come back with and then consider whether to try making an affordable installment offer to keep it out of court. But see what they have first of all xxx

You also want to put in your defence and CPR letter that your address is 100A not 100 so it can be updated and your landlord doesn't keep getting correspondance from the court / claimants.

[DannyC1965]

Hello

I have posted the CCA and CPR today.

Can you please check my defence. I haveadded that i contacted the CAB so may need to add to that for the delay in sending out the letters or is this irrelevant. I thought that saying i had contacted the CAB may seem a good reason for a delay?

1. I received the claim ******* from the Northampton County Court on 3^rd of February 2018
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. It is admitted that the Defendant has previously entered into an agreement with Original Creditor (Capital One) for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimants statement of case states that the account was assigned from Original Creditor (Capital One) to Claimant on 31^st Of August 2013. The Defendant does not recall receiving notice of this assignment.
7. It is denied that Original Creditor (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.
8. The Defendant sought legal advice on this matter from the Citizens Advice Bureau and they instructed me to send CCA and CPR31.14 request to the Claimant and their Solicitors
9. On the 27^th of February 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor (Lowell Solicitors Ltd). I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. The Claimant’s Solicitor (Lowell Solicitors Ltd) has not sent any of these documents to me.
11. On the 27^th of February 2018 I sent a formal request for a copy of the original agreement to Claimant pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
13. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5)
14. 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.
15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.

[warwick65]

Well apart from the fact i will eat my hat if the CAB actually told you to send a CCA and CPR request and defend the case - well it looks ok but you have until 4pm next Monday .

Just one point from what i can see
If poss, leave a line between each paragraph- makes for easier reading

I often write double or 1.5 line spacing - and not just because i am told to

[DannyC1965]

Hello

I have finally heard back from Lowells, they wish to allocate the claim to the small claims court for mediation. I have not received any documentation regarding the original contract or their allocation of the debt. What does this mean? Have they no evidence to offer and should i refuse mediation?

Regards

[warwick65]

Hi
So you have been sent a Directions Questionnaire to fill in?

At this point I would agree to small claims and also agree to mediation - you never know they might send some paperwork

If they don't send any paperwork or what they send is iffy , some people use mediation as an opportunity of making a final settlement for a silly sum just so they it all goes away.

When I say a silly sum I mean that - say £10 or maybe even £50- all depends how much stress it is causing you and how important it is to you for it all to go away

[DannyC1965]

Thank you i will do that. If i do not agree to mediation and they have no paperwork, what happens?