Lowell portfolio / capital one

[MIKE770]

no they are not = 2 separate Items

[Amethyst]

Yes, the CPR request asks for the notice of assignment, default notice and agreement (if mentioned) and is a procedural court thing which you could apply to enforce through court if required later …. it has no 'legalislative' effect - the CCA request asks for an original copy of the agreement and has a legislative effect ( in that if they don't produce it they cannot proceed with enforcement ie. get judgment )

Capital One is a running account so falls under s.78 of the consumer credit act - if you read paragraph 1 and 6 …

78 Duty to give information to debtor under running-account credit agreement.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[F2(1A)

Where a request under subsection (1) also amounts to a request under regulation 49 of the Payment Services Regulations 2017 (information during period of contract), subsection (1) applies as if the words “and payment of a fee of £1” were omitted.]

(2)

If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)

Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)

Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F3(4A)

Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—

(a)

failing to make payments as required by the agreement; or

(b)

only making payments of a prescribed description in prescribed circumstances.]

(5)

A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)

If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F4. . .

(b)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

This section does not apply to a non-commercial agreement, and subsections [F5(4) to (5)] do not apply to a small agreement.

[Amethyst]

You can also use s.5 of the Limitations Act 1980 in your defence if you have done nothing with this at all since 2007.

5 Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Cause of Action is either the last payment, the first payment missed or the date of default ( there's arguments about exactly when in the court system at the moment ) - but basically, it's when the creditor became entitled to recall the entire debt. In your case it seems all possible causes of action were over 6 years ago if you paid nothing since 2007, and it was defaulted over 6 years ago ( and you've paid nothing to any DCA for the debt since ).


It is best to do the CCA and CPR letters and not solely rely on limitations, just in case it fails for any reason ( debt management plan, random DCA calling for a token payment etc over the past, well, 10 years )

[Amethyst]

t

hey have also fabricated dates to try n force a ccj

what dates have they fabricated?

I would suggest also sending a ' Subject Access Request ' directly to Capital One to find out the exact position of the debt and obtain evidence to help your case against fabricated dates.

Subject Access Request Letter

[Wookiee]

Arh right brilliant thanks that makes sense now

[GBExile]

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

Already covered.

[Wookiee]

responded to the county court stating I intend to defend the claim, sent a copy of cca letter to Lowell and their solicitors with pound postal order as advised sent first class and via recorded delivery. do I now await their response?

[Amethyst]

Yes, and keep your defence deadline in mind as that needs to be submitted on time regardless if you hear back from the claimant.

[Wookiee]

Yes, and keep your defence deadline in mind as that needs to be submitted on time regardless if you hear back from the claimant.

so they have responded and claim a payment was made in 2013 which I know to be untrue. they have said they have requested the agreement and statement from original creditor and these will be sent. but have asked me to get in touch ha ha that wont be happening, so they still have the 12 days to get that info? if not and they don't produce within that 12 day period what next?