Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicitors]

[asifsh]

1- Received a County Court Claim from 'Lowell Portfolio I Ltd' for an old Capital One credit card account.

2- 'Acknowledgement of service' was submitted on time.

3- Posted (Recorded) CCA request to Claimant (Lowell Portfolio I Ltd) with £1 postal order. No response as yet (49 days).

4- Posted (Recorded) CPR request to Lowell Solicitors. No response as yet (49 days).

5- Filed my defensed and mentioned of no response to my CCA and CPR requests.

6- Lowell Solicitors have lodged a Directions of Questionnaire. Which says 0 'witnesses, including yourself will give evidence' at D3 on DQ form.


I need help with following,
1- The Capital One account is Statue-Barred. I made last payment to Capital One in January 2010. Should I send a Statue-Barred letter to the Claimant?

2- There is no response to CCA and CPR requests, how am I suppose to prepare my defense for court hearing?

3- DQ filed by claimant's solicitors says 0 witnesses attending court hearing. Does it mean there will be no one to represent them?

[asifsh]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

Can someone please advise on above?

[Kafka]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

What was the defence that you filed? Wasn't that centred on being statute barred?
If you are sure this is statute barred then that is an absolute defence in itself.

[charitynjw]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

How much is being claimed?

[asifsh]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

No I did not mention of Statue Barred in the defence .

I mentioned that I've not received any documentation in response to my CPR and CCA request to enable me to assess my position.

- - - Updated - - -

How much is being claimed?

£4010 including court fee and legal costs.

[Amethyst]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

I would wait for the court to send through a court date and see if you get a witness statement and/or any documents from the claimant before applying to amend your defence. Once documents have come through you can apply to amend because you now have documents and subsequent investigation shows the debt is statute barred. Have you sent off your DQ ?

Yes the 0 means they don't intend on attending the hearing.

[charitynjw]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

It wouldn't do any harm to chase the CPR request,(by post with proof of posting).

Do not chase the CCA request; while they are non-compliant, they cannot enforce the claim.

But in any event, @Amethyst 's opinion above is good. (As always).

Stick rigidly to the court's timetable & any instructions the court issues.

& to echo Ame - have you dealt with your Questionnaire?

[asifsh]

Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

Have you sent off your DQ ?

Yes I've.