Capital One - Lowell Solicitors county court urgent please

[soondebtfree]

Received a claim? Yes/No: YES
Issue Date: 31 December 2018
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £1400
Claimant’s Name: Lowell
Solicitors Firm: Lowell
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/exact amounts ):

1. The Defendant opened a Capital One regulated consumer account under reference xx on 22/07/2011 (‘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 25/09/2014 and written notice given to the Defendant
4. Despite repeated requests for payment, the sum of £1100 remains due and outstanding, And the Claimant claims

1. The said sum of £1100
2. 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 £0.2 but limited to one year being £80
3. costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I have had letters but do not remember when I had last payment could be over 6 years
List any letters you have sent (eg: CCA/ CPR ): I wanted to send these but have not got it done wishing to send by royal mail 1^st class recorded Monday morning.

Any Other Information or Background Details:


Hi

I received County court claim back on Friday 4^th January despite it states issue date 31 December 2018 it did not arrive in post until then but no matter what I assume date on paper work stands.

I then received 15^th January a warning from Lowell that they had sent it to court and I should receive something soon their letter was dated 7^th January so that came very late.

Okay I will get to the facts really hoping for your urgent help and assistance in this as I have suffered with sickness this month and also at same time struggled as had to keep work balance.

I don’t want to use any excuses other then It was easier for me to hide this away and just wish for better things. But I did submit my AOS and full defence within the 2 weeks on Sunday 13^th January and was received and noted by court on Monday 14^th January.

I did receive the proper letter regarding Lowell would submit to court and I had the 30 days before end of November 2018 so they followed rules for that.

To try put facts about my debt down short basically was a credit card I took out with Capital One back in 2011. To be fair I am not 100% sure when my last payment was and if its statue barred.

It was at a lower limit then years later was setup to £1000 limit. I fell into a dispute regarding some £12 charges etc and also had contact through phone and emails I then stopped payments and kept going up. I did not get proper response on my emails etc I was even trying to settle a solution.

My fault for ignoring further letters with request for payments and debt was sold to solicitor Lowells in 2014.

To cut to the chase I need to submit my defence tonight as I understand and I have not got CCA and CPR (31.14) letters sent off despite I have made them ready. Can I still get these sent off tomorrow morning with Royal mail 1^st class recorded delivery and then attach £1 postal order for each?

Also because of my dispute with Capital One I really wish to claim back all charges and the 8% interest etc but how do I deal with this now? Can I sent letter to them or does that has to go to Lowell?

Hope for your assistance guys I would be so grateful.

I Can attach Claim Form and also I have done a draft Defence for me to submit tonight.

[MIKE770]

• Example Defence

mean time have you sent a SAR request no charge they have 30 days to respond to Capital One asking for all information held on you by them, that should show last payment as well send Recorded Delivery and keep copy if you have not requested one before can come in use later.

sure others will advise also here