Capital one /Lowell portfolio - judgement entered

[STATUTE_BARRED]

Lowell portfolio issued a claim form against me in feb 2014 for an old capital one card that had been transfered to them.

I filed a defence as i beleived that the claim was statue barred around end of 2012 beg of 2013 when the default came off my credit report.

after i received the claim form i made cpr requests for disclosure of CCA, default notice and the rest.

Before the hearing BW legal who where representing lowell had not sent me their witness statement and when i got to court they had sent it to my old address despite me informing them of my new address.

So within a period of 20 mins at court i had to look through their evidence that they had supplied which included a statement of my account alleging that that i had made payments between 2007 - 2008. they maintain that the matter was not statute barred becuase of these alleged payment that had beem made to my account

However the credit card was taken out in 2001 and i noticed that on the statement that they had disclosed to the court did not show any payments that i made when i first opened the account - only these alleged payements between 2007 - 2008.

I pointed this out to the judge and requested that the claimant solicitors explain this. She refused to do so and even though she agreed that there was no payment being showed as being paid into the account from 2001 - 2007, refused to get an explanation.

i beieve that i stopped making any payment to the account in 2006.

the judge found in favour of the claimant and awarded them the amount they where claming but did not allow their costs as they failed to properly serve their witness statement to me on time.

the debt is for £1500.00 and i am now comtemplating whether to appeal the judgement as i still believe that it was satute barred.

unfortunately i dont have any of my bank statement going back to 2007 - 2008 to confirm that i did not make the payments.



also the cpr 18 and 31.4and cca disclosure request that i made to the lowell portfolio could not be apparently made as they can only be requested pre issue to claim - not once it has been issued according to the judge and claimants solicitors ?

is this correct ?
so what are my chances of going to the appeal court in relation to this or is it just not worth it and i pay the debt back at £1 per month as i am very strapped financially.

[Amethyst]

Re: Capital one /Lowell portfolio - judgement entered

Just to sort out this bit

31.14 is for requests for documents mentioned in a statement of case, the statement of case is the particulars of claim on the claim form, thus it can't be done before issue.

Documents referred to in statements of case etc.

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

(c) a witness summary; or

(d) an affidavit(GL).


31.16 is for disclosure BEFORE the claim is entered

Disclosure before proceedings start

31.16

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

(2) The application must be supported by evidence.



I think it may have got confused where CPR 31.14 isn't applicable after the case has been allocated to small claims track.

[Amethyst]

Re: Capital one /Lowell portfolio - judgement entered

Did you send a formal CCA request with the £1 or just rely on the Statute Barred aspect of the claim?

How much were the payments allegedly made in 2007/2008 ? Lowell do always seem to come up with random payments just inside Statute Barring time.... some how.

If you want to try appealing it then you are going to have to get your statements from 2007/2008 and you are going to have to try and get a trasnaction list from the original creditor - possibly using the data protection act.

Was the judgment for forthwith payment or did the judge order your £1 a month ?

[Guest]

Re: Capital one /Lowell portfolio - judgement entered

Did you receive a default notice from them when the account was closed, or are you just going off the date the default was entered on your credit file ?

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

Did you send a formal CCA request with the £1 or just rely on the Statute Barred aspect of the claim? - i made a CCA request and never got a reply

How much were the payments allegedly made in 2007/2008 ? Lowell do always seem to come up with random payments just inside Statute Barring time.... some how. - they where for £1

If you want to try appealing it then you are going to have to get your statements from 2007/2008 and you are going to have to try and get a trasnaction list from the original creditor - possibly using the data protection act.

Was the judgment for forthwith payment or did the judge order your £1 a month ?

- judgement was forthwith but i will have to apply to vary the order to pay £1

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

Did you receive a default notice from them when the account was closed, or are you just going off the date the default was entered on your credit file ?

i dont recalll geting the default notice as it was so loong ago.

furthermore bw legal/lowell protfolio didnt produce a copy of th CCA or the default notice at the hearing.

The judge felt that becuase i has made "some payment" that according to her that the suspicious £1 payments that appeared in 2007/2008 must have been mine despite the fact that the statements that bw legal ahd produced showed no payments into the account from the date the account was opened to 2007 !

i dont dispute that i never made any payments it s that the default was issued due to the fact that i stopped paying

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

If a person makes a CCA request after a claim form has been issued, to the company who brought the debt from the credit card company, they cashed my £1 but did not send me the full CCA details does this still make the debt enforceable.

what is the company who brought the debt responsibilites in this case ?????


Also has there been quite a few other cases where Lowel Portfolio/ Credit Card company suspiciously ensure that payments are added to customer accounts to ensure that accounts dont become statute barred ?

[Amethyst]

Re: Capital one /Lowell portfolio - judgement entered

If a person makes a CCA request after a claim form has been issued, to the company who brought the debt from the credit card company, they cashed my £1 but did not send me the full CCA details does this still make the debt enforceable.

what is the company who brought the debt responsibilites in this case ?????

''If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. '' ( from the longer CCA letter just for ease of posting)

Yes, if you send a CCA request after the claim has been issued but BEFORE any judgment they must still comply fully before they are able to enfoce the debt. Enforcement is defined as obtaining a judgment - not as bringing the court claim, which is 'steps towards enforcement'.

So in a set aside situation, once the judgment is set aside it reverts to pre enforcement and the CCA must be produced.

Also has there been quite a few other cases where Lowel Portfolio/ Credit Card company suspiciously ensure that payments are added to customer accounts to ensure that accounts dont become statute barred ?

Sadly, yes.

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

ok so in my case the claimant = lowell portfolio who purchased the debt from capital one where able to obtain judgement against me for the outstanding amount even though i informed the judge that they had not complied with my CCA request, prior to the hearing.

I made this point in my witness statedment.

My defence to the their claim was that it was statute barred becuase i beleieved that the last payment on the account was over 6 years ago.

However i didnt mention about CCA/prove it within my defence. IS this where i may have come unstuck ?? should i have made mentioned within my defence that they had to prove that they where entitiled to recover the sum from me ?

thanks

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

also if loweel portfolio have received my CCA request, cashed my £1 but never sent me the details does this mean that i should apply to have the judgement set aside ?

i was going to write to them now judgement has been obtained chasing this request which was originally sent in june - however if they responded it may have gone to a previous address despite me telling them i had a change of address. or should i not send the chaser letter ~?

[Amethyst]

Re: Capital one /Lowell portfolio - judgement entered

Ahhh they 'won' so you're looking at appealing rather than applying for set aside. That's trickier. Was the CCA issue mentioned at the hearing at all ?

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

yes i mentioned the CCA not being sent to me in my witness statement and at the court hearing, which the judge elected to ignore for some reason?

i am going to see my old bank tomorrow to see when the last payments where but i think that will take some time for them to go back in their records as that account has been closed.

also i was going to write to be legal to get them to send me a copy of their witness statement and the "dodgy looking" statement that they relied on in court but had never been sent to me. Do you think this is a good idead ?

thanks

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

is it a good idea to chase the CCA request from lowell portfolio or to just file an appeal stating that judgement was enteretd incorrectly whenthe CCA request had not been complied with ?

also do i contact BW legal for copies of their dodgy statements ?

[Amethyst]

Re: Capital one /Lowell portfolio - judgement entered

To be honest I think you need to get an arrangement to pay fixed up, you could, if you can do a lump sum, try negotiate with the claimant for settlement before the 28 days is up as you are preparing an appeal......based on the fiticious payments and lack of CCA..... worth a shot. I've asked about the reality of appealing the decision, costs risk etc wise.

Yes ask BW for copies of statements of the account and also triple check your own records/bank statements for signs of any payments made around the times they claim you made them

Does the claimed balance reflect the payments?

[STATUTE_BARRED]

Re: Capital one /Lowell portfolio - judgement entered

i cannot check these alleged payments as i closed the bank account ages ago and it will cost quite a bit for the bank to provide me with copies of the statements for the time period of the disputed payments. i am sure that the payments that where applied to my account in 2007/2008 where actually payed to capital one priod to the statute limitation date.

as i feared it is getting the actual proof. as you also mentioned that in other cases loweel portfolio have didled the account so that the accounts dont become statute barred.