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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 : £1100
    Claimant’s Name: LOWELL PORTFOLIO I LTD
    Solicitors Firm: LOWELL SOLICITORS LIMITED
    Original Creditor: CAPITAL ONE
    Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD
    Particulars of Claim:
    1.The defendant opened a capital one regulated consumer credit account under reference xxxxxxxxxxxxxxxx on 2008
    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 2015
    4.Despite repeated requests for payment the sum of £900 remain due and outstanding. And the claimant claims
    a. The sum of £900
    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 at a daily rate of £0.200, but limited to one year, being £100
    c. Costs
    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No contact but looks like default was 2015 so not statute Barred
    List any letters you have sent (eg: CCA/ CPR ): None yet
    Any Other Information or Background Details: My partner got herself into some financial difficulty just before we met ( around 9 years ago ). She did have a card around that time but she thought this was paid off by her then partner and she thought this was Lowell just trying it on and didnt give me any of the letters. I am now involved and would like to get this resolved ( will pay anything she legitimately owes ) My problem is we have no paper work so cant begin to make sense what that might be- We moved around a lot the last few years in 4 different rented property before purchasing in 2017 ( all in my name not hers )

    After reading previous posts it looks like i need to Acknowledge the calim and set out defend in full and send requests to Lowell and Capital one for the details of the claim

    I have checked her credit file and can see there is a default from Lowell on there

    Any help would be appreciated i really want to aviod a CCJ as my plan was to add her to the mortgage ones my fixed term runs out - 2022
    Last edited by noledud; 10th August 2019, 14:29:PM.
    Tags: None

  • #2
    Had a letter from Lowell saying they have to write to the original creditor for details requested.

    couple of days later had a big file from original creditor (one I requested) and in there is the agreement and lots of other stuff.

    so what’s the next steps ? I need to submit a defence soon so I’m getting worried that it’s not going my way

    any help people ?

    Comment


    • #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.

      Comment


      • #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.

        Comment


        • #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 ?

          Comment


          • #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

            Comment


            • #7
              Thanks

              Should I add the it’s statu barred even if I think it may not be ?

              im thinking going of what they have given me it could well be so why not ?

              Comment


              • #8
                Amethyst ?

                Comment


                • #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

                  Comment


                  • #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.

                    Comment


                    • #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

                      Comment


                      • #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.

                        Comment


                        • #13
                          Oh & if I am reading it right that £900 would mostly be charges they have added on to the account & if there were charges after they should have assumed she was struggling to pay then you could get a rebate off them via the Financial Ombudsman Service.

                          In 2013 the banking industry was taking the mick with add ons.

                          Comment


                          • #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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