Lowell-Shoosmiths MBNA Account Claim Raised in Scottish Court

[aldo102938]

I've received a Scottish Small Claims pack from Shoosmiths looking to recover approx £2k in regards an old defaulted MBNA/Luma Credit Card Account which defaulted November 2019. Looking for guidance as to next steps. I believe this account may be statute barred by means of last payment/contact made with MBNA before raising of default, but need to confirm this by SAR with MBNA/Shoosmiths. Should I apply to both, or just one? Also paperwork from Court has last response date of 25th May which feels longer than it should be, so want to double check this isn't a typo also.

[echat11]

Send the SAR to MBNA.

Phone the Court to check the date, if it's May, at least you will have plenty of time to prepare you case.
Also, to get the SAR information on last payment / written contact.

[aldo102938]

Ok it was actually a Capital One card (not MBNA) so I sent off a SAR to Capital One, and one to Lowell Portfolio as the owner of the debt, asking for copy agreement, statements and deeds of assignment etc.

I got this back from them…

The information you have requested would not fall within the scope of a data subject access request. Your former Capital One (Luma Credit Card) account, Lowell Reference xxxxxx, is being managed by one of our external collections partners Walker Love. You should therefore contact Walker Love directly to discuss this account. Their contact details are:



Walker Love

16 Royal Exchange Square
Glasgow
G1 3AB
0330 678 0335

contact@walkerlove.com


Have I used the wrong request for this as thought a SAR was the correct way?

[echat11]

That is nonsense, send Capital One the following, make sure you get Proof of Postage, if they fail to provide the information, then a complaint should be lodged with the ICO-

https://ico.org.uk/for-the-public/ge...happy-with-it/

The following is the correct form -

https://legalbeagles.info/library/gu...ccess-request/

[aldo102938]

That’s what I thought, but wanted to double check.

Thanks for the quick reply!

[aldo102938]

In terms of the small claims case against me, should I be raising a similar query against the solicitor representing? I’ve only received the standard court claim papers, with no evidence to the original agreement etc other than reference in forms.

[echat11]

In terms of the small claims case against me, should I be raising a similar query against the solicitor representing? I’ve only received the standard court claim papers, with no evidence to the original agreement etc other than reference in forms.

I'm not sure that will helpful.
I take it you've filed a Defence

[aldo102938]

I have until 25th May so just making sure I have everything to make a decision on how best to approach.

[echat11]

I have until 25th May so just making sure I have everything to make a decision on how best to approach.

O.K.send the follow up SAR template to Capital One.

[aldo102938]

Just to update on progress (or lack of) - no further correspondence from Lowell, Capital One or Walker Love in regards SAR requests made and that has been 30 days now.

The court pack last response date to file a defence/acknowledge the case is the 16th May 2024 (not the 25th as previously stated, typo on my part) which is also when the debt becomes statute barred. Would this work in my favour if I stated as part of my defence I have no knowledge of the account in question, and no evidence has been supplied to me by way of a SAR and that the account details listed in claimants notes would suggest this debt would likely be considered statute barred (5 years under Scottish Law from last payment/acknowledgement).

[echat11]

Have you sent them a CCA request? - https://legalbeagles.info/library/gu...etter-example/

It won't be statute barred because they've filed a Court claim against you.

In your Defence you can write that you made a SAR request to them, they haven't complied, they said ......................

[aldo102938]

Just to update on progress, received reply from Walker Love in regards my SAR saying they are passing request to Lowell and that all collection and legal action is being paused while this is happening, which I don’t buy for a minute, so will continue to file defence. Also the reply from them
is over the 30 days limit for a SAR reply.

[aldo102938]

Also nothing from Capital One for SAR or Lowell for the CCA request which is now over 12 days.

[echat11]

Just to update on progress, received reply from Walker Love in regards my SAR saying they are passing request to Lowell and that all collection and legal action is being paused while this is happening, which I don’t buy for a minute, so will continue to file defence. Also the reply from them
is over the 30 days limit for a SAR reply.

You could send a follow up SAR letter, maybe give them another week.

[aldo102938]

Ok, defence lodged online today. Nothing in post from anyone, although credit file curiously has a Q showing against status of account for query now when checking with checkmyfile. Case Management Discussion booked for 10am on 13th June according to court portal, so guess we'll see what happens. I'm guessing if nothing appears in response to CCA/SAR then their case will be a bit shaky?