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Lowell portfolio / capital one

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  • Lowell portfolio / capital one

    Hello I've received a letter and claim form from Northampton county court in regards to these chancers Lowell group. The debt is from a capital one card I had years ago never paid a penny since 2007 I have ignored every letter they have ever sent not contacted or communicated with them in anyway. The default obviously showed on my credit file but is now long gone, they have also fabricated dates to try n force a ccj and and a claim through the county court . Isn't the debt now statute barred ? I just ignored the letters from them as I did read up on bits about this online and assumed once the debt was over 6 years old it no longer existed and couldn't be enforced. Advice on how to proceed would be much appreciated thanks in advance
    Tags: None

  • #2
    list the actual contents of the court form minus personal details:- they are some of the worse offenders/chancers m
    SHORTCUTS

    Pre-Action Letters did you get this one?
    First Steps
    Check dates
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request


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    • #3
      Subject Access Request Letter send to owners of the debt now

      rob

      Comment


      • #4
        Hi Mike cheers for reply , what is this ? Can you elaborate a bit more? Do I not respond to the letter from county court?

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        • #5
          Pre-Action Letters did you get this one?

          Comment


          • #6
            First Steps read this have to acknowledged the claim? read each blue area for steps,

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            • #7
              Ok cheers will go through all that when I can get sat st my computer most likely tmrw evening and get back to you cheers for your help

              Comment


              • #8
                sorry we keep everything on threads, out in the open no phone calls we are volunteers on here and try and assist you as far as possible, but there is a section to contact one of the solicitors recommended by us , but have asked for assistance for you!

                Comment


                • #9
                  Originally posted by Wookiee View Post
                  Hello I've received a letter and claim form from Northampton county court in regards to these chancers Lowell group. The debt is from a capital one card I had years ago never paid a penny since 2007 I have ignored every letter they have ever sent not contacted or communicated with them in anyway. The default obviously showed on my credit file but is now long gone, they have also fabricated dates to try n force a ccj and and a claim through the county court . Isn't the debt now statute barred ? I just ignored the letters from them as I did read up on bits about this online and assumed once the debt was over 6 years old it no longer existed and couldn't be enforced. Advice on how to proceed would be much appreciated thanks in advance
                  If you haven't paid since 2007 and the debt was defaulted soon after and has already fallen off your credit file, and you haven't paid any debt collector for it in the intervening period, then yes it is likely to be statute barred.

                  If you have received a formal County Court claim, then as Mike says have a read of the first steps he's linked you to, acknowledge the claim and request documents from the claimants. They serve to strengthen your defence if, for any reason, you find later it isn't statute barred.

                  Is it a claim form with particulars of claim and a claim number from Northampton County Court Business Centre ?
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

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                  • #10
                    Hi Iam at work at moment will reply in more detail when I get home yes it's official documentation from county court

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                    • #11
                      Hello sorry for late response finally in the house at a decent time and sat infront of my computer been so busy with work, so I have the claim form from the county court so first thing is I acknowledge service and then tick the box intend to defend all of this claim yes? Sign it and send it back then do I sit and wait for the response from Northampton ? Surely if I write this statute barred letter to Lowell is that not me making contact with them ? And they then class that as acknowledgment of the debt ?

                      Comment


                      • #12
                        Originally posted by Wookiee View Post
                        Hello sorry for late response finally in the house at a decent time and sat infront of my computer been so busy with work, so I have the claim form from the county court so first thing is I acknowledge service and then tick the box intend to defend all of this claim yes? Sign it and send it back then do I sit and wait for the response from Northampton ? Surely if I write this statute barred letter to Lowell is that not me making contact with them ? And they then class that as acknowledgment of the debt ?
                        No. You send the acknowledge back to the court which gives you extra time to submit a defence.

                        You must then submit the defence within the court timescales else you will lose by default. You write the defence to the court NOT Lowell. DO NOT BE LATE submitting your defence to court regardless of everything else you need to do (see post 2 & post 3).

                        Someone will help you on here soon but DO NOT presume anything unless you have been advised on here. You are already getting things wrong that will make you lose.

                        Other than the above you must do what has been stated in post number 2 & post number 3. For starters.
                        Last edited by GBExile; 5th July 2018, 16:48:PM.

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                        • #13
                          I have completed the Acknowledgement of Service section of the Claim Form - I have completed the CCA Request Letter. The letter received is addressed from Lowell Solicitors and their client is Lowell Portfolio I Ltd, please can you confirm who I need to send the CCA request letter to?
                          Also, I have downloaded the CPR Request form, do I also need to complete this and send as it seems to be requesting the same information as the CCA request form but with different timescales?

                          Comment


                          • #14
                            lowell Ellington House, 9 Savannah Way, Leeds LS10 1AB CCArequest

                            Comment


                            • #15
                              As stated in last post is both a CCA and a CPR request necessary? As they appear to be asking for the same information ?

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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