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County Court Claim received Lowells help please

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  • #46
    Subject Access Request Letter send this off now to capital one no charge they have 30 days to supply all details held on your account, that will show details of what you have been asked, send with proof of posting (free) at post office and keep copies of all letters wtc/receipts as well.

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    • #47
      Originally posted by MIKE770 View Post
      Subject Access Request Letter send this off now to capital one no charge they have 30 days to supply all details held on your account, that will show details of what you have been asked, send with proof of posting (free) at post office and keep copies of all letters wtc/receipts as well.
      Hi MIKE770 and Celestine I had this by email today. Please advise. Thanks




      We write further to receipt of your Defence.



      Account information

      To clarify, please find details of the accounts included within the Claim:



      Original Creditor: Capital One

      Client Reference:

      Agreement Start Date: 06/01/2019

      Last Payment Date: 30/06/2019

      Last Payment Amount: £30.00

      Default Date: 02/02/2020



      The original balance was £620.90. At the time of the claim being issued, our Client became entitled to add interest in the sum of £38.10 to the Claim amount. You also became liable to pay the Claim issue fee of £70.00 and fixed costs for issuing the Claim of £70.00. The total amount due under this Claim therefore stands at the sum of £799.00



      Numerous letters were sent to your current residence confirming the account had been assigned to Lowell Portfolio I Ltd. We have enclosed a copy of the Letter of Claim and the Notice of Assignment both sent to your current residence. Our Client made active attempts to resolve this matter by sending you correspondence and encouraging you to get in touch. You did not get in touch or dispute the Claim at any stage until this matter was issued. As such, our Client had no choice but to issue this Claim. Evidence of such contact will be disclosed to the Court, should this matter proceed to a Court Hearing.



      Note, the Notice of Assignment serves to evidence that a Legal Assignment of the debt has taken place, pursuant to s136 Law of Property Act 1925.



      Our Client sent clear and informed letters and recommended you seek independent legal advice if there was anything you misunderstood.

      The Letter of Claim enclosed highlights that ignoring correspondence would lead to a Claim being issued. Page 3 states clearly ‘If you fail to make payment or respond to this letter as set out in the enclosed documents within 30 days of the date of this letter, we will issue a County Claim.’



      You state in your Defence that you have not been in receipt of particular documents pertaining to your former Capital One account. As previously informed, the claimant raised queries to obtain the requested documents. Please find attached, the Original Consumer Credit Act 1974 regulated Agreement (complete with your e-signature); a copy of the Notice of Default pursuant to s85(1) of the Consumer Credit Act 1974, and the Itemised Statements. The statements show the transactional history of the account and evidence how the debt accrued. Once again, these documents will be presented as evidence if the matter progresses to a County Court hearing.



      Our Client have given you ample opportunity to raise a dispute, their intention, from Assignment, was to work with you amicably to arrange affordable payment. In light of the points above, the Claimant is firm in their position that you owe the full amount Claimed. However, they are prepared to offer you options.



      Our Client remain willing to reach an amicable resolution and bring the matter to a close. As a full and final settlement of the claim, our Client is prepared to accept the following:



      · A lump sum payment of £750.00

      · Or, two payments of £375.00

      Please contact our offices on 0333 111 0807 to discuss your proposals for repayment within 7 days of the date of this email. You may also wish to respond by email to help@overdales.com, quoting your reference in the subject line. Upon payment being received in cleared funds, our Client has instructed us to notify the Court the case has been settled and close the account. Please find our Client’s collection agent’s details below:

      Account Holder Name: Overdales Legal Limited

      Sort Code: 20 35 84

      Account Number: 73467015



      Please use your reference as a payment reference to ensure this is allocated to your account.



      In order to avoid the matter proceeding, our Client is willing to afford you the opportunity to pay the new balance without incurring any further costs. Should we fail to hear from you within 7 days, our Client may instruct us to proceed to a court hearing which will incur further costs and fees. This could result in a potential County Court Judgment in your name.



      We trust further action will not be necessary and look forward to hearing from you.



      You may wish to seek independent legal advice from the Citizens Advice Bureau or a Solicitor of your choosing.



      Kind regards,



      Ryan Ingham

      Complex Litigation Paralegal
      Last edited by Dazzle1969; 22nd July 2021, 18:57:PM.

      Comment


      • #48
        Celestine

        Comment

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        SHORTCUTS

        Pre-Action Letters
        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Witness Statements
        Directions Questionnaire
        Statute Barred Letter



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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