Lowell Portfolio I Ltd v Siouxsie

[Siouxsie]

Received a claim? : Yes
Issue Date: 07-Jun-2016
Amount approx: £2000 + court & legal costs.

Claimant: Lowell Portfolio Ltd
Solicitor: Lowell Solicitors Limited
Original Creditor: Capital One

Particulars of Claim:
1) The defendant enter into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxxxxxxxxxxxxxxxxx("the agreement")
2) The defendant failed to maintain the required payments and a default notice was supplied and not complied with
3) The agreement was later assigned to the Claimant on 31/03/2014 and Notice given to the Defendant.
4) Despite repeated requests for payment the sum of £1830.01 remains due and outstanding
And the claimant claims:
a) The said sum of £1830.01
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.401, but limited to one year, being £146.40
c) Costs

Is the debt Statute Barred? No

List any letters you have sent: I have Acknowledged Service of the Claim and send off CCA & CPR letters.

Any Other Info:
I had the Capital One Credit Card around 2006 but not 100% sure. Due to my gambling addition I maxed it out to £2500 together with another card with Aquacard for £2000. I lost my house due to gambling and have a £17k mortgage shortfall. I got my act together, after counselling, and have managed to make arrangements with mortgage company to pay off the shortfall and also Aquacard. I also came to an arrangement with Capital One with regard to the Credit Card and made monthly payments up until Lowell took over the debt in 2014. I have never responded to any of Lowell's correspondence. My last payment to Capital One was in April 2014.
Even though I started to pay off the debt has this affected my chances of them being unable to find the original CCA which is the basis for a defence ?

[charitynjw]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi Souixsie & welcome to LB

According to my math, you have until Monday 11th July to submit your defence. (But you can check yourself, date checker top of thread, claim issue date + 33 days.....I make that a Sunday, so next business day is applicable.)

When did you send the CCA & CPR letters?

Did you get proof of posting for both, & did you include a £1 payment with the CCA request?

Did you mention a 28 day extension in your CPR letter?

Even though I started to pay off the debt has this affected my chances of them being unable to find the original CCA which is the basis for a defence ?
It's now a waiting game, & the ball is in their court for the time being.

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi Charitynjw,
Many thanks for responding so quickly, In answer to your questions:

The CCA & CPR letters went this morning

I sent them both via recorded signed for...and included a £1 Postal Order to the Claimant.

I didn't mention a 28 day extension in the CPR letter...I have however got an acknowledgment of service via MoneyClaims.gov.uk.

[charitynjw]

Re: Lowell Portfolio I Ltd v Siouxsie

Ok so far, then.

The Claimant will have 12 days (+ 2 for post) to come up with a fully compliant CCA request.

Do you have a record of your original agreement & T&C's with Cap 1?

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

In a word...NO. Is it important ?

[charitynjw]

Re: Lowell Portfolio I Ltd v Siouxsie

Kind of, yes.

If they do send you a copy (or more likely, a reconstituted version from any info they hold), how can you know it's kosher?

You could ask via a SAR to CAP 1 for details........it'll cost a tenner, though.

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Thanks again Charitynjw,

I think that I'll do that on Monday...a tenner is a small price to pay if it helps to save me paying the full amount. A sound investment unlike some of my gambles...

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Ok..an update,
I posted a SAR to Capital One on Monday 13th June via Recorded Delivery. Bearing in mind that I've heard absolutely nothing from Capital One since April 2014, I got the following letter from them today. Interestingly, the letter is only dated June 2016 rather than a specific date. I'm assuming that they've received my SAR and are verifying my address ? Any comments anyone please?

[nemesis45]

Re: Lowell Portfolio I Ltd v Siouxsie

Ok..an update,
I posted a SAR to Capital One on Monday 13th June via Recorded Delivery. Bearing in mind that I've heard absolutely nothing from Capital One since April 2014, I got the following letter from them today. Interestingly, the letter is only dated June 2016 rather than a specific date. I'm assuming that they've received my SAR and are verifying my address ? Any comments anyone please?

Do I understand that you have notified Capone of a number of changes of a address, but they have continued to hold all of them on file?

If this is the case yes the " Data Controller " at Capone will need to verify the " current address" as being correct before releasing data.

nem

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi nemesis45,
It appears that they hold my current address and the address at which my credit card 'originated'
It seems strange to me that they will accept verification of my current address by me having to do nothing if the address at the top of Page 1 is correct !!!

[nemesis45]

Re: Lowell Portfolio I Ltd v Siouxsie

Hi nemesis45,
It appears that they hold my current address and the address at which my credit card 'originated'
It seems strange to me that they will accept verification of my current address by me having to do nothing if the address at the top of Page 1 is correct !!!

Personally for your security confirm that address is correct, mistakes can and do happen and one does not want personal data going astray.

nem

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Ok, nem.
I'll tick the appropriate boxes, take a copy and send back the letter.

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Ok...it's now the 30th June and I've no response from either the CCA letter or the CPR letter (both signed for on the 13th June)...the 28 day deadline looms nearer. Any advice on my next step for defence? Thanks in advance

[Amethyst]

Re: Lowell Portfolio I Ltd v Siouxsie

If you have heard nothing then you should start preparing your defence based on the standard outline http://legalbeagles.info/forums/show...t-Court-Claims

[Siouxsie]

Re: Lowell Portfolio I Ltd v Siouxsie

Good morning Amethyst
I've prepared a defence statement based on the template that you have provided. I assume that I copy / upload the info onto the defence section of MoneyClaim.gov.uk for my case ? Thanks in advance. Details below...is Point 12 worded correctly ?

1: I received the claim xxxxxxx from the Northampton County Court on 09-June-2016
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Capital One to Lowell Portfolio on 31-Mar-2014 The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 11-Jun-2016 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement and Default Notice.
9 Lowell Solicitors Limited has not sent any of these documents to me.

10. On the 11-Jun-2016 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.


13. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.