Lowell, county court business centre

[Zee82]

Re: Lowell, county court business centre

Particulars of claim
1) the defender entered into a consumer credit act 1974 regulated agreement with capital one under account reference ********* ('the agreement').

2) the defendant failed to maintain the required payments and a default notice was served and not complied with.

3) the agreement was later assigned to the claimant on the 25/09/14 and notice given to the defendant.

4) despite repeated requests for the payment, the sum of 1,758.48 remains due and outstanding.

And claimant claims
A) the sum of 1,759.48
B) interest pursuant to s69 county courts act 1984 at the rat of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.386, but limited to one year, being £140.76
C) costs

I've just copied that of the form hope that helps.

[Zee82]

Re: Lowell, county court business centre

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.

Lol sorry for being a pain and thank you for the link.

[charitynjw]

Re: Lowell, county court business centre

CPR 31.14 request
http://legalbeagles.info/forums/show...ic-information

You can ask for:
A copy of the agreement
The Default Notice
The Notice of Assignment

Send to the Claimant's solicitors at the address given on the court claim. (No fee payable on this one)
Keep a copy, & get proof of posting. (SignedFor post is best)

[Zee82]

Re: Lowell, county court business centre

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 20

what date do i put in here? The claim was issued on the 8th of august

[charitynjw]

Re: Lowell, county court business centre

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

what date do i put in here? The claim was issued on the 8th of august

You could just leave it at that.

[Zee82]

Re: Lowell, county court business centre

You could just leave it at that.

Thank you that makes it so much easier, i didnt want to make a mistake by putting the wrong date in.

[nemesis45]

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.

If the CCA request is not complied with the debt is rendered unenforceable until the agreement or a compliant reconstituted copy is produced.

nem

[Zee82]

Re: Lowell, county court business centre

Hi guys i need some help please im filling out the cca template and dont undersatnd it.

crediters name and address what do i put there?

also account number?

[nemesis45]

Re: Lowell, county court business centre

Hi guys i need some help please im filling out the cca template and dont undersatnd it.

crediters name and address what do i put there?

also account number?

The Claimants name and address they are now the creditor.

I usually state that the request is for a copy of the regulated agreement from which the alleged deb arises.

nem

[Zee82]

Re: Lowell, county court business centre

Thanks Nem,

im struggling with this where shall i put the above you mentioned?

Can i fill it out and pm you it so you can check it over for me please?

[Zee82]

Re: Lowell, county court business centre

I think i got the letter covered now thanks,

as regards to posting it, it states on the claim form a different address for sending documents or payments as lowell solictors limited and the claiment is lowell portfolio i ltd.

so which one do i send it too?

[Zee82]

Re: Lowell, county court business centre

My name and address here


16 AUG 20016




LOWELL PORTFOLIO I LTD
ELLINGTON HOUSE
9 SAVANNAH WAY
LEEDS
LS10 1AB






Dear Sir/Madam


Re:− Account Number capital one 4775969782162****

Lowell ref ********


Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.


I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.


Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.


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.


I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.




Yours faithfully,


My name


Is the above ok?

[nemesis45]

Re: Lowell, county court business centre

My name and address here


16 AUG 20016




LOWELL PORTFOLIO I LTD
ELLINGTON HOUSE
9 SAVANNAH WAY
LEEDS
LS10 1AB






Dear Sir/Madam


Re:− Account Number capital one 4775969782162****

Lowell ref ********


Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.


I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.


Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.


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.


I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.




Yours faithfully,


My name


Is the above ok?

Fine!

The timescale is 12 + 2 working days (weekend and bank hols are not counted.

nem

[Zee82]

Re: Lowell, county court business centre

Fine!

The timescale is 12 + 2 working days (weekend and bank hols are not counted.

nem

Thanks Nem,

My capital one account was opened in 2000 does that help me in anyway with account being that old?

[nemesis45]

Re: Lowell, county court business centre

Thanks Nem,

My capital one account was opened in 2000 does that help me in anyway with account being that old?

Agreements prior to April 2007 require a copy of the original agreement so if they attempt to produce a reconstituted one it's wide open to challenge.

nem