Lowell, county court business centre

[Zee82]

Hi can someone please help me.

3 years ago there was a fraudulent transaction on my capital one card for the amount of around £1450, I contacted capital one to let them know it was not my transaction and it was removed, couple months down the line they put it back on saying they believe it was not fraud and the item was delivered to my address which they would not provide me any proof of.

I stopped making any payments as it was not my transaction so the account was closed and passed on to a collection agency Lowell.

They wrote me letters and phone calls to which I replied I would not pay due to it be fraudulent transaction.

3 years on I have received a claim form from the county court issue dated 8 August.

Please can someone tell me what my options are?

The amount has also gone upto £2085 now.

Thanks.

[Zee82]

Re: Lowell, county court business centre

Anyone help with this ?

[ostell]

Re: Lowell, county court business centre

First of all have you acknowledged the claim? You can do this online using the website details and password on the form. Do not fill in the defence. After acknowledging you have 29 days from date of service to submit your defence statement.

[Kati]

Re: Lowell, county court business centre

As [MENTION=39331]ostell[/MENTION] says ... you need to acknowledge the claim online ASAP

A link to your first steps is here - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] to pop along for you too xx

[nemesis45]

Re: Lowell, county court business centre

Hi can someone please help me.

3 years ago there was a fraudulent transaction on my capital one card for the amount of around £1450, I contacted capital one to let them know it was not my transaction and it was removed, couple months down the line they put it back on saying they believe it was not fraud and the item was delivered to my address which they would not provide me any proof of.

I stopped making any payments as it was not my transaction so the account was closed and passed on to a collection agency Lowell.

They wrote me letters and phone calls to which I replied I would not pay due to it be fraudulent transaction.

3 years on I have received a claim form from the county court issue dated 8 August.

Please can someone tell me what my options are?

The amount has also gone upto £2085 now.

Thanks.

Good afternoon.

There are some thing to do ASAP.

1. As others have said acknowledge service of the claim online state attention to defend in full But do not enter anything in defence at this stage.

2. A CCA Request to Lowell for a copy of the Capital One agreement. There's a template in the gree box at the top of the main forum page. as suggest in the first steps advice.

Use a £1 postal order for the statutory fee and mark it " For Statutory Fee Only" use signed for post and check delivery date and signature print of a copy for your records,

Which solicitor is acting for Lowell?

Do you have any correspondence in regard to the " fraudulent " transaction dispute?

Was there no proof that you had received the purchased goods?

nem

[Zee82]

Re: Lowell, county court business centre

Hi first of all I would like to thank you all for the replys, I was beginning to wonder if no one could see my post lol.

I will acknowledge service today and get the CCA letter sorted ASAP.

Capital one said the goods was delivered to my address and signed for, but when I asked them to provide me with the tracking/courier details they did not.

I had the capitalone account for 13 years and never had an issue previously always paid on time.

The solicitors are

Lowell solicitors limted
Po box 1419
Northampton
NN2 1BU

Is there any other letters I can send?

Also what will happen if they don't reply back to the CCA, sorry for all the questions I'm just stressed out and struggling to work things out.

Thanks.

[Zee82]

Re: Lowell, county court business centre

a lot of paper work was destroyed when my family sorted through things so I'm stuck there.

[Diana M]

Re: Lowell, county court business centre

3 years ago there was a fraudulent transaction on my capital one card for the amount of around £1450, I contacted capital one to let them know it was not my transaction and it was removed, couple months down the line they put it back on saying they believe it was not fraud and the item was delivered to my address which they would not provide me any proof of.

I stopped making any payments as it was not my transaction so the account was closed and passed on to a collection agency Lowell.

They wrote me letters and phone calls to which I replied I would not pay due to it be fraudulent transaction.

3 years on I have received a claim form from the county court issue dated 8 August.

Tell us a bit more about the fraudulent transaction for these goods. What were the goods which Capital One said were delivered to your address? Who was the 'merchant' claiming this at the time? Did you take this up with them as well as Capital One?

Was your dispute to Capital One under s.75 CCA which may have made them jointly liable?

Di

[Diana M]

Re: Lowell, county court business centre

and get the CCA letter sorted ASAP.
. . .
Also what will happen if they don't reply back to the CCA, .

At this moment in time I'm not that sure a CCA Request will necessarily be central to your Defence (although you should still send one) since the purpose of a CCA Request is to make the Claimant prove that the original credit agreement (which you made with Capital One) is enforceable.

From what you've said you're not disputing that you entered into a bona fide agreement with Capital One, you're saying that you subsequently disputed a transaction on your account which is the sum being claimed by Lowell.

However let's see if the original 'set-up' of your account was correct because that ought to help you if it wasn't, regardless of the disputed sum. If not, that may become the focus of your Defence instead of the disputed transaction.

Lowells will also have to prove that the account was defaulted/terminated/assigned properly too.

Di

[charitynjw]

Re: Lowell, county court business centre

Lowells will also have to prove that the account was defaulted/terminated/assigned properly too.

Di

So a CPR 31.14 request?

It may be helpful for [MENTION=89666]Zee82[/MENTION] to post up the Particulars of Claim.

[Diana M]

Re: Lowell, county court business centre

So a CPR 31.14 request?.

Definitely.

Di

[Zee82]

Re: Lowell, county court business centre

Hi thank you for your replies even though I don't understand some of the legal terms used, I'm seeing that there maybe a light at the end of the tunnel, been on a downer all day.

Regarding the merchant and goods.

I contacted the merchant and was informed it was automotive part that was ordered but they would not tell me any further details saying I need to speak with capital one.

Charitynjw, what is it you would like me to post up?

Thanks.

[charitynjw]

Re: Lowell, county court business centre

Charitynjw, what is it you would like me to post up?

Thanks.

The Particulars of Claim - stated on the front page of the court claim form.

[Zee82]

Re: Lowell, county court business centre

How can I post a screen shot on here?

[charitynjw]

Re: Lowell, county court business centre

How can I post a screen shot on here?

Lol!
Gone one o'clock in the morning & you get all technical & everything!

This should explain it - http://www.legalbeagles.info/forums/...122#post667122

- - - Updated - - -

Or you can email Kati

I can be emailed if you need my help loading pictures/documents to your thread. My email address is

kati@legalbeagles.info

But please include a link to your thread so I know who you are.