Lowell Solicitors vs Capital One old CC debt

[*worried*]

Received a claim? Yes
Issue Date: 09/03/2017
Amount approx: £412.14
Claimant: Lowell Portfolio I Ltd
Solicitor: Lowell Solicitors Limited
Original Creditor: Capital One
Particulars of Claim: Please type out in full excluding names/account numbers
1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Capital One under account reference xxx ("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 20/06/2013 and notice given to the Defendant.
4) despite repeated requests for payment, the sum of £302.91 remains due and outstanding.
And the Claimant claims
1) The sum of £302.91
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 £0.066, but limited to one year, being £24.23
c) Cots

Is the debt Statute Barred? No
List any letters you have sent: None
Any Other Info: A few years ago I was suffering from depression and pretty much gave up on life and everything. I had been made redundant, I ignored letters and jut wanted to die. Somehow I just about pulled through (still suffer bouts of depression now and I have had treatment in the past).

If I remember correctly, approximately half of this money due can be attributed to late payment fees and overlimit fees. At the time I just could not deal with this. I was struggling to stay alive.

I have gone on line just now and acknowledged the claim stating that I will be defending all of the claim.

I would like to reduce the amt owed by claiming back the charges (can I still do this?). I never had PPI on the account.

Do I pay the money and then submit a separate claim for the charges?

I do not want to a CCj as I decided this year to save to buy a property and this is the last thing I need.

I have followed the info on the "Received a Court Claim" thread. I am unsure what to do now though. I am guessing I need to send a SAR's request? Am I sending this to both Capital One and Lowell?

I have had success in the past reclaiming bank and credit card charges and I have tried hard to "kept my nose clean" with regards to avoiding those charges. Now this landed on my doorstep today and I am very anxious about what to do.

Any help guidance on how to approach this is hugely appreciated, as it has been quite a while since I have had to deal with this sort of thing.

Thank you.

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

I have done some more reading on this EXCELLENT forum and found more info on next steps.

I have typed up 2 letters, which I intend to post via Recorded Delivery on Monday.

Capital One Letter

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Lowell Solicitors Letter

Request for documents mentioned in a statement of case under CPR 31.14

On 11/03/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

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 06/04/2017.

1. Agreement
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 13th March 2017.

I look forward to hearing from you.

Yours sincerely

What do I do if (as I suspect) they do not respond with the documents? What happen then?

OR

Should I just pay up and then start the reclaim of the charges?

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

SAR Capital one only =£10.00 postage order to cap one for statutory purposes only

First Steps = Read This
CCA Request £1.00 Postal order "for statuary use only" All Recorded Delivery
|| CPR 31.14 Request = no charge to solicitors requesting items mentioned on the N1 court form

acknowledge claim and marked defend all = on line

- - - Updated - - -

I have done some more reading on this EXCELLENT forum and found more info on next steps.

I have typed up 2 letters, which I intend to post via Recorded Delivery on Monday.

Capital One Letter


Lowell Solicitors Letter



I am a little concerned about timelines and when I should subit my defence.

OR

Should I just pay up and then start the reclaim of the charges?

10th april submit defence the day before latest date.

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

sure others will comment soon! do not panic!

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

sure others will comment soon! do not panic!

Thank You. I really do appreciate your speedy response.

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

SAR Capital one only =£10.00 postage order to cap one for statutory purposes only

First Steps = Read This
CCA Request £1.00 Postal order "for statuary use only" All Recorded Delivery
|| CPR 31.14 Request = no charge to solicitors requesting items mentioned on the N1 court form

acknowledge claim and marked defend all = on line

- - - Updated - - -




10th april submit defence

Can I send Cheque's instead of Postal Orders? Do they still exist?

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

Can I send Cheque's instead of Postal Orders? Do they still exist?

can do but we always suggest postal order for benefit of doubt!

- - - Updated - - -

@charitynjw

[charitynjw]

Re: Lowell Solicitors vs Capital One old CC debt

Both cheques & P.O.s still exist.
We would suggest the latter....cheques may reveal details which, if it were me, I'd prefer not to reveal to the Claimant.
Also, as we also strongly suggest that you obtain proof of posting, a P.O. is conveniently available.

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

Thank You for your responses. Postal Orders it is!

So just so I am clear.

I am sending a SAR request (£10) AND a CCA (£1) Request to Capital One?
And a CPR Request (£0) to Lowell?

[charitynjw]

Re: Lowell Solicitors vs Capital One old CC debt

Thank You for your responses. Postal Orders it is!

So just so I am clear.

I am sending a SAR request (£10) to Cap1
AND a CCA (£1) Request to Lowell Portfolio
And a CPR Request (£0) to Lowell Solicitors

####

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

####

Thank You x

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

I am looking to buy a property in the next 18 months so I paid the court claim to avoid a CCJ.

I received a bundle of docs from Cap 1 and calculated that I paid £384 in charges - I was defaulted for £302 in 2012.

I am going to try and reclaim these charges back from Capital one. I have done the calculations with the 8% interest and it comes up to a total of £590.18.

Am I right in saying that I start with a letter seeking the refund of charges and when they don't respond I issue Letter Before Action?
We can still claim back unfair charges right or has that door closed?

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

This is my draft letter seeking a refund of the charges. Have I missed anything and is it ok?

I am writing to request that you repay all the late payment fees and over limit fees that have been applied to my account.

I understand that that these charges are unlawful at Common Law and Statute. This is further reinforced by the Office of Fair Trading report of 05/04/06 which concluded that these charges are unfair to the consumer. If you believe that these are not penalties, then will you please demonstrate this by giving me a fully breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

I calculate that you have taken £384.00 plus £198.48 which you have charged me in interest on those charges. Therefore, the total that I am requesting at this stage is £582.48. I enclose a schedule of the charges which I am claiming with this letter.

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. Furthermore, you defaulted me for £302.91, an amount less than the amount of unfair charges you applied to my account.

In addition to full payment of the sum mentioned above, I therefore require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

Please select your preferred option

Make a complaint online or Write to us = can go to capital one site and make a formal complaint and attach spreadsheets?? just a thought

[warwick65]

Re: Lowell Solicitors vs Capital One old CC debt

Hi

So you have two things going on
1) the claim ( which is the most important IMO)
2) Reclaiming charges

How is the claim going, I assume you acknowledged the claim and sent off your CCA request and CPR31.14 request
Have you had anything back

Also when you look through the details of the SAR you it should show records of when the default notice was issued or when the account was sold.

Also did you receive everything you asked for or did the letter from Capital One claim to know what you wanted and said there may be more?

I know SARS are not the easiest thing to read but worth looking at