County Court Claim received Lowells help please

[MIKE770]

Celestine

[Dazzle1969]

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

[MIKE770]

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.

[Dazzle1969]

That's perfect then Dazzle, that little sentence is sufficient to offer them the chance to extend defence deadline.
Glad you have it submitted now. What year was the credit card opened and with whom?

Thanks im relieved .It was Capital One not sure what year I doubt it is over 6 though.

[Celestine]

That's perfect then Dazzle, that little sentence is sufficient to offer them the chance to extend defence deadline.
Glad you have it submitted now. What year was the credit card opened and with whom?

[Dazzle1969]

Thanks Celestine i believe that was part of the letter template sent to Overdales solicitors?

There is a line thay says "if you require more time in which to comply with this request you must tell me in writing" ive submitted now is that going to cause me a problem? Thanks

[Dazzle1969]

Hey Dazzle - I just checked through your defence, all looks fine aside from point 13. Did you request a defence extension? If not you can remove that sentence. Good luck X

Thanks Celestine i believe that was part of the letter template sent to Overdales solicitors?

[Celestine]

Hey Dazzle - I just checked through your defence, all looks fine aside from point 13. Did you request a defence extension? If not you can remove that sentence. Good luck X

[Dazzle1969]

Await further info. But keep eye out for any response on MCOL hopefully after 28 days they fail to respond and case gets stayed meantime rest but keep eye on MCOL. Or further court instructions

Thank you so much for your time i really do appreciate all your valuable knowledge and help. I'll let you know the outcome

[MIKE770]

Await further info. But keep eye out for any response on MCOL hopefully after 28 days they fail to respond and case gets stayed meantime rest but keep eye on MCOL. Or further court instructions

[Dazzle1969]

Ok as far as I can see Celestine

Hi again MIKE770 once i have submitted a defence what happens next? Thanks for all your help

[MIKE770]

Ok as far as I can see Celestine

[Dazzle1969]

MIKE770 does this look ok?

In the Northampton County Court Business Centre Claim No: H Lowell Portfolio LTD Claimant And Mr Defendant DEFENCE 1.The Defendant received the claim H4KQ from the Northampton County Court on 27/06/2021
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 admitted 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 fail to state when the agreement was entered into.
7.The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio LTD on 17/09/2020. The Defendant does not recall receiving notice of this assignment.
8.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.
9.On the 6th of July 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10 Overdales Solicitors has not sent any of these documents to the Defendant.
11.On the 6th of July 2021 The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
12.The Claimant has failed to comply with 78 (1) Consumer Credit Act 1974 and by virtue of s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
13. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
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 The Defendant believes that the facts stated in this Defence are true.

Signed _____________________________ Dated 20/07/2021______________________________

Thanks again MIKE770 appreciate your advice

[Dazzle1969]

keep it straight forward ie:- Credit card state section 78 (4) 1974.as that is what a CCA request is all a.bout do not try and be technical

Sorry MIKE770 it is on the draft defence you posted the link for i was just wondering how to amend. Thanks

[MIKE770]

keep it straight forward ie:- Credit card state section 78 (4) 1974.as that is what a CCA request is all a.bout do not try and be technical