Court Claim - Lowell / Capital One - 19-2-2014

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Attaching documents -> http://www.legalbeagles.info/forums/...121#post388121

Will give it a go, i will just delete all the personal information before uploading

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Will give it a go, i will just delete all the personal information before uploading

Here you go, i dont think any directions came from the claimant, all they stated in the letter that came with the N180 form was that they are willing to settle out of court and that the court encourages negotiations.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Okay thats all standard, thanks for doing that.

Could you tell me what the original debt is and who the original creditor is. Also when you believe you last made a payment / acknowledged the debt and what shows on your credit file, if anything.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Okay thats all standard, thanks for doing that.

Could you tell me what the original debt is and who the original creditor is. Also when you believe you last made a payment / acknowledged the debt and what shows on your credit file, if anything.

The debt was for a credit card with Capital one, the debt is not on my credit file and i believe the last payment was made over the 6 year period.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Okay so no contact regarding this card / debt since at least January 2008 (as the claim was brought in February )

You mention in your defence that you have contacted the claimant on many occassions satting the debt is stat barred - do you have any copies of letters / evidence otherwise of this. Have you any letters where you have requested evidence that it is not statute barred or for copies of documents ( CCA / NOA /DN etc ) ??

Just need to know whats occured to date regarding the debt to know how much we can put in the directions or if we must just keep it very basic 'small claims' 'proof not stat barred'.

[nemesis45]

Re: Court Claim - Lowell / Capital One - 19-2-2014

To be sure of the SB defence:
No payment (to any party) made during 6 clear years, no Unequivocal Written Acknowledgment in 6 clear years.
No court claim issued in the 6 year period.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Okay so no contact regarding this card / debt since at least January 2008 (as the claim was brought in February )

You mention in your defence that you have contacted the claimant on many occassions satting the debt is stat barred - do you have any copies of letters / evidence otherwise of this. Have you any letters where you have requested evidence that it is not statute barred or for copies of documents ( CCA / NOA /DN etc ) ??

Just need to know whats occured to date regarding the debt to know how much we can put in the directions or if we must just keep it very basic 'small claims' 'proof not stat barred'.

Yes i have kept all letters i have sent and received since knowing i had a CCJ. I have sent them all the standard statute barred template letters requesting information and proof that i have made a payment with the 6 years that they state i have. But no such proof has been sent to me.

All they sent was a complaints form as i stated in a precious letter thhat if they can not provide me proof i would like to make a formal complaint.

[nemesis45]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Ok a Formal Complaint in regard to the Conduct of Lowell should be addressed thus:

Private & Confidential
Ms Sara de Tute
Director of Legal & Compliance
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds LS10 1AB

An FC requires the recipient to full investigate and respond to the complaint within 56 days.

use signed for post, check receipt.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

So should i make a complaint?

Is there anything else i need to add to the N181 for other than what you instructed before?

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Yes i have kept all letters i have sent and received since knowing i had a CCJ. I have sent them all the standard statute barred template letters requesting information and proof that i have made a payment with the 6 years that they state i have. But no such proof has been sent to me.

All they sent was a complaints form as i stated in a precious letter thhat if they can not provide me proof i would like to make a formal complaint.

Super.

Okay let me just go through the N181 then.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

Super.

Okay let me just go through the N181 then.

Thats great thanks

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

A - 1) No 2) No 3)

B - ignore

C - yes

D - No ( as this refers to current and future applications not ones already concluded)

D2 - Small Claims Track as the claim is for an amount under £10k and is based on simple contract.

D3 - ignore

D4 - ignore

E - No - No - No - ignore

F - your own name - last acknowledgement of debt

G - less than one day - 1 hours

H - ignore

I - No

J - ignore

K - sign date etc


then attach directions ( laid out the same as the top of http://www.legalbeagles.info/forums/...1&d=1407491762 ie. without the statement of truth and put DRAFT DIRECTIONS rather than DEFENCE )



DRAFT DIRECTIONS

1: The Claim is allocated to the Small Claims Track

2. The Claimant must deliver to the court office and to the other party by 4pm on [date 14 days from date of order] written details and copies of ;
1) the credit or other agreement between the Claimant and Capital One relied upon
2) the default notice or notice of demand
3) a full statement of account setting out how the debt is calculated and a statement detailing the last payment made towards the debt by the Defendant to include amount, date and method of payment.
4) a copy of the assignment of the alleged debt
5) the notice of assignment which was sent to the defendant

3. Each party must deliver to the other party and the court office a Witness Statement and copies of all documents which that party intends to rely on no later than 4pm on [date 14 days from date given in para 2 above]

----------------------------------------------------------------------------------------------


You will need to send a copy of this and the N181 to the claimants as well.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

That is great, thanks so much.

When you state the date 14 days from order is that the date that the N181 needs to be submitted to the court. I need to get the N181 form in before 28 January.

[Amethyst]

Re: Court Claim - Lowell / Capital One - 19-2-2014

You can just leave the [14 days from order] text in as the court need to fill in the dates as relevant. You can put in the N181 soon as it's ready - sooner the better really - Basically the directions are something the court give, and this just gives them an idea, or a helping hand, in writing them, they might just ignore you, especially as the claim should be in small claims anyway and the N181 is an error on their part but we have to go along with it despite the court case manager being a bit of a doofus... so it may be they receive this, and bryan carters N180 and go 'oopsy' and send you an N180 instead.

[JDOG1982]

Re: Court Claim - Lowell / Capital One - 19-2-2014

You can just leave the [14 days from order] text in as the court need to fill in the dates as relevant. You can put in the N181 soon as it's ready - sooner the better really - Basically the directions are something the court give, and this just gives them an idea, or a helping hand, in writing them, they might just ignore you, especially as the claim should be in small claims anyway and the N181 is an error on their part but we have to go along with it despite the court case manager being a bit of a doofus... so it may be they receive this, and bryan carters N180 and go 'oopsy' and send you an N180 instead.

I will get them sent off tomorrow, thank you again, you have been a massive help.