Claim form Lowell Portfolio - Capital one card from 2008

[Amethyst]

Did the order say anything that you needed to do after they had complied with it?

Is the agreement like this https://legalbeagles.info/forums/for...erms-agreement ?

[GBExile]

"we will consider a sensible settlement proposal to avoid the expense of further litigation and therefore potential costs and fees being added to your debt."

Ha ha.

If they were that sure of winning they wouldn't be offering you anything.

[noledud]

Thanks for the replies

I have attached the latest docs with my details blanked out

And yes it seems strange they are very keen on making an agreement which makes me think there is a flaw in here im not aware of yet

Do we or can we bring in the no default notice received ? Im curious why they have avoided talking about the default notice

[noledud]

having problems upload ing the pics - i have to reduce them too much

here they are via my dropbox

https://www.dropbox.com/s/lcujji1f5l...-2732.zip?dl=0

[noledud]

The court order for them to produce the docs did not say what will happen if the do
only that if they didnt they would strike it out

In the letter they have sent they have asked the court to consider striking my defence out ? - see uploads

[MIKE770]

what they sent enforceable /////// ask Amethyst they try these things on most times

[noledud]

Hi Mike770 - sorry but i dont know what you mean ?

[MIKE770]

they sent some paperwork but it has to contain all required information asked Ame to pop in here to advise

[Amethyst]

Hiya xx just So you know I've seen the post and will have a look shortly

[Amethyst]

The agreement and notice of assignment look compliant and fulfil the order of the court.

Do you have the copy of your defence? If you used the standard defence there should be discussion of the need for a default notice even if you did only ask for the agreement under the CPR 31.14 rules ( which is what the judge ordered compliance with )

[noledud]

Thanks Mike770

Hi Amethyst

DEFENCE
1.The Defendant received the claim ******* from the Northampton County Court on 12/07/2019
2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4.It is denied that the Defendant has previously entered into an agreement with Capital One for provision of credit.
5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6.The Claimant’s Particulars of Claim states the agreement was entered into on **/**/2008
7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8.The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio I Ltd on **/**/2015. The Defendant does not recall receiving notice of this assignment.
9.It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
10.On the **/**/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. Defendent requested the Claimant provide copies of the Agreement and Notice of Assignment.
11.Lowell Solicitors Limited has not sent any of these documents to the Defendant.
12.On the **/**/2019 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13.The Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth


I completely forgot the reference to no default was in the defence !

So what should my next steps be ? Lowell have given me 7 days

[Amethyst]

Cool

It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

So we should reply and point out that even though they have complied with the order your defence stands.

Ill have a draft draft a bit later if that's okay xx

[noledud]

I have just re read the letters and on the first offering a tomlin order they sate they have included the default notice ?

Please see enclosed copies of statement, credit agreement, default notice and the notice of assignment for your reference

I can only find what i stated on post #15 - a note of a few calls and payments made on the covering letter - tomlin order - notice of assignment and copy of the agreement - there was no default notice or copies of statement ??

Now im not sure if thats a bluff or a mistake and they forgot to put it in ?

[noledud]

but thinking about it if they did have the default notice surly they would have included that in the most recent letter to the judge (see attachments above)

Would that not have been better for them to include ? as it is in my defence ?

[noledud]

Amethyst ?