Lowell Solicitors vs Capital One old CC debt

[*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

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Thank You x

[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 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

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.

[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

[*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?

[*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.

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

sure others will comment soon! do not panic!

[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.

[*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?