Need help asap

[spookis]

Hi

Please could someone help with the wording for defence on a claim issued to me from Lowell for an old Capital One CC taken out in 2001.

I have copies of the account statements that show a period of about 10 years have passed with no payment being made.
I did write to Lowell using a template letter from 'money saving expert' stating that I believed the account to be Statute Barred.
They responded saying that it wasn't as the course of action started from them taking over the debt?

I spoke with Lowell on the phone and asked them to confirm to me that they could see that there has been a period of six or more years without
any payment being made and finally, after a very long and frustrating conversation with one of their 'advisors' she did confirm this to me.

According to the statements I have received I did make a payment in 2010, however this is after the account would have become statute barred.

I spoke with the National Debt Line and they have confirmed that even though a payment was made that it would still be considered statute barred if a period of
six or more years have passed prior without any payments made.

I'm so worried that I've messed up somewhere with all of this, but i'm annoyed that a CC that I took out foolishly in 2001 with a £400 limit has now turned into a court claim for £1133.13.

I've been sent a claim form from the court, this states that the Agreement was assigned to Lowell on 31/08/2013.
I completed the acknowledgement of service using MCOL and now need to submit my defence before time runs out - 29th May -

please can someone help?

Thanks in advance

[jaguarsuk]

Use the template on the First Steps guide to provide all the information needed, then we'll go from there.

[spookis]

Use the template on the First Steps guide to provide all the information needed, then we'll go from there.

Yes I've done that

[jaguarsuk]

Yes I've done that

Except you haven't as you haven't posted the template here with the information completed?

[spookis]

Except you haven't as you haven't posted the template here with the information completed?

Are you referring to the form to complete? If so I followed the link and was met with this..?

Oops, the page you are trying to view has either been moved or deleted.

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Go back to the

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and tell us the link that you followed so we can look into it.

Thank you.

[jaguarsuk]

This:

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed:
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: Please type out in full excluding names/account numbers:
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details:

[Amethyst]

oooerrrr... the link does seem to be okay.... anyway no matter

Please could someone help with the wording for defence on a claim issued to me from Lowell for an old Capital One CC taken out in 2001.

I have copies of the account statements that show a period of about 10 years have passed with no payment being made.
I did write to Lowell using a template letter from 'money saving expert' stating that I believed the account to be Statute Barred.
They responded saying that it wasn't as the course of action started from them taking over the debt?

I spoke with Lowell on the phone and asked them to confirm to me that they could see that there has been a period of six or more years without
any payment being made and finally, after a very long and frustrating conversation with one of their 'advisors' she did confirm this to me.

According to the statements I have received I did make a payment in 2010, however this is after the account would have become statute barred.

I spoke with the National Debt Line and they have confirmed that even though a payment was made that it would still be considered statute barred if a period of
six or more years have passed prior without any payments made.

I'm so worried that I've messed up somewhere with all of this, but i'm annoyed that a CC that I took out foolishly in 2001 with a £400 limit has now turned into a court claim for £1133.13.


I've been sent a claim form from the court, this states that the Agreement was assigned to Lowell on 31/08/2013.
I completed the acknowledgement of service using MCOL and now need to submit my defence before time runs out - 29th May -

please can someone help?

Thanks in advance

It does sound like you may be statute barred, and you're right, once it is statute barred it can't revert to being in time. The cause of action could be argued to be the date of default - do you know when this was? Was that before you made that last payment in 2010?
Is there anything on your credit file regarding this debt?
I'd still send the CCA request and CPR 31.14 request now, so you have back up just in case there was any further payment, but prepare your defence on all grounds including statute barred and then the claimant will need to evidence that cause of action WAS within 6 years. ( Obviously it didn't start when they took over the debt - unless you happened to contact them and make a payment on that date too lol)

[jaguarsuk]

oooerrrr... the link does seem to be okay

I get the same error and on the Guides and Letters link in the Nav Bar .

[spookis]

Received a claim? Yes/No: Yes
Issue Date: 26th April 2018
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £1133.13
Claimant’s Name: Lowell
Solicitors Firm: Lowell Solicitors
Original Creditor: Capital One
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: Please type out in full excluding names/account numbers:
1)The defendant opened a Capital One regulated consumer credit account under reference ************* on 18/09/2001
('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 £1,049.19 remains due and outstanding. And the Claimant claims
a) The said sum of £1,049.19
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 to a daily rate of £0.230, but limited to one year, being £83.94
c) Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Please see original post
List any letters you have sent (eg: CCA/ CPR ) CCA & CPR sent
Any Other Information or Background Details:[/QUOTE]

[spookis]

oooerrrr... the link does seem to be okay.... anyway no matter



It does sound like you may be statute barred, and you're right, once it is statute barred it can't revert to being in time. The cause of action could be argued to be the date of default - do you know when this was? Was that before you made that last payment in 2010?
Is there anything on your credit file regarding this debt?
I'd still send the CCA request and CPR 31.14 request now, so you have back up just in case there was any further payment, but prepare your defence on all grounds including statute barred and then the claimant will need to evidence that cause of action WAS within 6 years. ( Obviously it didn't start when they took over the debt - unless you happened to contact them and make a payment on that date too lol)

Thank you Amethyst, and forgive me but I have no clue what 'cause of action' actually means??
I haven't looked at my credit file, but will do that next, all I know is that according to the statement that was sent that there was a period of well over
6 years where I haven't made a payment

[jaguarsuk]

Okay, so did they evidence when the last payment was made?

The cause of action was from the date of default by capital one or the date of the last payment made, which ever is the latter. If that date is more than 6 years ago then it is Statute Barred.

Await the response to your letters, but in defending you need to plead all the possible legal arguments you can and not only rely on the Stat Barred argument.

[spookis]

Okay, so did they evidence when the last payment was made?

The cause of action was from the date of default by capital one or the date of the last payment made, which ever is the latter. If that date is more than 6 years ago then it is Statute Barred.

Await the response to your letters, but in defending you need to plead all the possible legal arguments you can and not only rely on the Stat Barred argument.

Last payment made wasn't over six years ago, however I have been advised by NDL that if there had been a period of six or more years passing prior to this that this would be considered statute barred, even though a later payment was made, which there definitely was as I have the statements here.

Thank you all for helping with this x

[jaguarsuk]

Last payment made wasn't over six years ago, however I have been advised by NDL that if there had been a period of six or more years passing prior to this that this would be considered statute barred, even though a later payment was made, which there definitely was as I have the statements here.

Thank you all for helping with this x

Then NDL are giving you bad advice, the cause of action is from the date of default or the last payment. If you make a payment then you start the clock again and therefore this debt is not Statute Barred.

You have until 29th May 2018 to file a defence, what date did you send the CCA and CPR 31.14 requests?

[Amethyst]

Maybe you need to put some approx dates down ....

When did the account default - or was terminated ? ( cause of action - ie. when they could take action to recover the full debt )

When was the last payment made after that ?

Any payments made in between the date the account defaulted and the last payment was made ?

IF there was a clear 6 years between the account defaulting, and a payment being made, then yes it could still be statute barred.