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Claim form Lowell Portfolio - Capital one card from 2008

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  • Claim form Lowell Portfolio - Capital one card from 2008

    Received a claim? Yes/No: YES
    Issue Date: JUL 2019
    Have you Acknowledged the Claim?: NO
    Total Amount Claimed : (eg. Credit card/Loan/Overdraft)
    Last edited by noledud; 10th August 2019, 14:29:PM.
    Tags: None

  • #2

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    • #3
      Looking at the dates that capital one have provided she last made a payment 2013 then was defaulted by them a few months later 2014.

      So im thinking are we able to say SB ? Or would I need to drag it out past August then claim SB or do thy go off the date they sent the letter in 2014 of which was also sent to an address we had moved out of 6+months before ?
      Last edited by noledud; 10th August 2019, 14:31:PM.

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      • #4
        Originally posted by noledud View Post
        Looking at the dates that capital one have provided she last made a payment 08/13 then was defaulted by them a few months later 04/14.

        So im thinking are we able to say SB ? Or would I need to drag it out past August then claim SB or do thy go off the date they sent the letter in 04/14 of which was also sent to an address we had moved out of 6+months before ?
        Pretty sure you should have acknowledge the claim by now. Log onto moneyclaimonline & look but I think you are a week late.

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        • #5
          Hi There

          I have acknowledged and i have sent the request for documents to both lowell and lowell solicitors. They respond with they will seek to obtain these from the original creditor and to date nothing else.

          I need to file my defense tonight so i was hoping someone could assist me with that, am i right in thinking im basically saying because they have not complied with my request for credit agreement and transfer of debt docs im not in a position to know enough about the alleged debt ?

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          • #6
            Example Defence

            stating that on dates certain (list) documents were requested and have not been received (Note:- usual no response at this stage from them) Amethyst

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            • #7

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              • #8
                Amethyst ?

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                • #9
                  well iv taken the plunge and used the full example defence -my thinning - it all fits with the information they have presented me and i will amend the defence if at any point should they show me information to prove otherwise ?

                  Hope thats right I was just conscious i was running out of time so wanted it submitted

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                  • #10
                    Originally posted by noledud View Post
                    well iv taken the plunge and used the full example defence -my thinning - it all fits with the information they have presented me and i will amend the defence if at any point should they show me information to prove otherwise ?

                    Hope thats right I was just conscious i was running out of time so wanted it submitted
                    Just remember if this goes to a hearing then your partner will probably have to speak for herself.

                    When was the last time she made a payment towards the debt?
                    Last edited by GBExile; 10th August 2019, 14:52:PM.

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                    • #11
                      yeah im hoping it dosnt get that far tbh

                      29/10/13 - i take it that means we cant claim status barred - but thats comes from what i have obtained not what lowell has sent

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                      • #12
                        Originally posted by noledud View Post
                        yeah im hoping it dosnt get that far tbh

                        29/10/13 - i take it that means we cant claim status barred - but thats comes from what i have obtained not what lowell has sent
                        Well at least you are on top of it.

                        Just carry on with the standard protocol listed at the top of the page on the left hand side.

                        To be fair my ex was the same & I managed to stop 5 out of 5 cases before court. In fact nothing went to a hearing. One nearly did but they didnt pay the court fee & then wrote saying she now owes ZERO as they had written it off. Thank God non of them went to court because she would have been out of her depth in front of a Judge because of her nervousness.

                        Just make sure you carry on complying with whatever the court orders at all times. Just write to the claimant & solicitor & Capitol One for the information you want & do not enter discussions in the letters. Just ask for the docs. Do not whatever you do call them up. Everything in writing only.

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                        • #13

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                          • #14
                            It is unlikely to be statute barred but it doesn't hurt to include it if there is any uncertainty- the onus of proof is on the claimant to show it is not.
                            We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win. Hetty Bower

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                            • #15

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