Lowells court claim struggling with defence

[Madz]

Hi all
I have been lurking for a few weeks and could do with some help, I don't know my way around the site yet, so please bear with me.

Capital one credit card taken out circa 2003
Defaulted in around 2007 due to redundancy then illness
Sent off CCA requests to Bryan Carter Oct 2008
Bryan Carter returned account back to Capital One (and returned PO to me on 05/01/2009)
Capital One then sold debt to Lowell 01/10/2009


Nothing much to speak of from Lowell's until court claim issued in Jan 2014

I have done all the necessary's, AOS, defence within 28 days, CPR 31.14 CRP 31.15 and CCA 77/78 request to Lowell's. To date I have had nothing from them.

My concern now is, I received an order from the my local court (already transferred from Northampton bulk centre) saying I have to file with the court and serve on the claimant a full defence by 18th June 2014 or I will be debarred from defending and the claimant will be at liberty to enter judgement.

I have been looking around for a defence I could use, but I'm unsure if anything has changed, so don't want to use an out of date defence.
I'm assuming its too late for me to ask the court to order Lowell's to provide the CCA etc, maybe someone could advise, I had no idea I should have filed another defence, pretty stressed to be honest, some advise would be great

Kind regards

[Celestine]

Re: Lowells court claim struggling with defence

Have you made any payments to the account since default in 2007?

If no, then the account is time barred under Limitation Act 1980 as well as the fact they have not complied with your CCA request. Strong grounds for defence at first glance....

How much is the debt approx?

[Madz]

Re: Lowells court claim struggling with defence

Last payment was 29/05/2008, I've heard Lowell's like to get in there with the court claim before its too late!
Balance on assignment was £1,324.17 Lowell's are claiming £441.38 section 69 total claim £1,920.55 including court fee and solicitors cost.

Thank you for taking the time to reply
Madz

[Celestine]

Re: Lowells court claim struggling with defence

Then its a straightforward defence based on s.78 CCA 1974 non compliance.

[Madz]

Re: Lowells court claim struggling with defence

Do you know if there is one I could adapt to suit, I'd be very grateful, just want it sent off so I can stop worrying.

[Bankers Reform]

Re: Lowells court claim struggling with defence

Hi Madz, and welcome to the forum.

You say;

"Capital One then sold debt to Lowell 01/10/2009
Nothing much to speak of from Lowell's until court claim issued in Jan 2014"

So that's five years between Lowell purchasing and issuing a claim!!!
Unbelievable.
Have you received any correspondence at all from Lowell in that five year period?

[Madz]

Re: Lowells court claim struggling with defence

Hi VM
I've had two statements from Lowell, one covering 2009-2011 and another covering 2012-2013 Claim form issued in Dec 2013

[Bankers Reform]

Re: Lowells court claim struggling with defence

Have Lowell reported a default to your credit file and if so were you informed first?
If you have not been informed I would suggest this would form part of the defence alongside S.78 CCA non compliance that Celestine mentioned.
Just my thoughts.

I would follow Celestine's advice she knows a lot more on these matters than I do.

[Madz]

Re: Lowells court claim struggling with defence

Celestine and Banking reform, thanks for posting, I'm not entirely sure where I got VM from, told you I was stressed! I will indeed follow Celestine's advice, and thank you both for your time.
I will have to post my defence so need to have it typed up and ready to post by the end of the week ideally. If you are able to help with the wording, I would be really grateful
Madz