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

Ok.
I have never been to the FOS for any claims as I have always thought they would take the other side.
I have searched the forum and can't see where anyone has made court claims for Credit Card charges in the last couple of years.
Would be nice to see what other recent experiences have been like.

I have particulars from years back, but I don't know if they still apply or if there have been changes in the last few years.

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

no means I have been there in the last week or so thru Cap one and the FOS, = as far as a court claim that is another area of choice -yours, but comment states responses from the other two out-lets seem to be they are in colusion.


sure as far as clourt claims somebody should be able to advise that method with up to date information?

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

Their response these days and the FOS agree with them stating lies of actual events.

So what does this mean? I should not pursue a claim?

[MIKE770]

Re: Lowell Solicitors vs Capital One old CC debt

Their response these days and the FOS agree with them stating lies of actual events.

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

Hi everyone. So, I have gone through the process of making attempts to reclaim the credit card charges and Capital One have come back to say they will not be refunding anything.

I am now ready to start the proceedings through the small claims court.

Can someone point me to the most recent particulars of claim for reclaiming credit card charges please?

Thank you.

[nemesis45]

Re: Lowell Solicitors vs Capital One old CC debt

Also wanted to add that there was PPI on the account. I had cancelled it after about two years though and they sent me a copy of the form I had completed and posted to them. I had ticked the box.It was not an online forms. They also sent me a copy of the message I sent to them asking them to cancel the PPI.

You can do by just writing to the creditor with the details of the account and why you consider the PPI was missold e.g. you were told you had to have it to get the credit or you were otherwise covered.

nem

[warwick65]

Re: Lowell Solicitors vs Capital One old CC debt

I am afraid i know very little about reclaiming charges and PPI
[MENTION=6]Amethyst[/MENTION] might know who is the expert

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

Also wanted to add that there was PPI on the account. I had cancelled it after about two years though and they sent me a copy of the form I had completed and posted to them. I had ticked the box.It was not an online forms. They also sent me a copy of the message I sent to them asking them to cancel the PPI.

[*worried*]

Re: Lowell Solicitors vs Capital One old CC debt

Thank you

Is my draft letter above ok?

[warwick65]

Re: Lowell Solicitors vs Capital One old CC debt

OK

Well in that case get claiming the charges back.

[*worried*]

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

I paid the claim a couple of days after I received it as I did not want to risk getting a CCJ.
I sent off the CCA and CPR request and received responses from both Lowells and Capital One.
Confirmation from Lowells saying they bought the debt,a s well as a letter confirming they had received payment and no further court action would proceed.

I received a 3 inch pack of paperwork from Capital with EVERYTHING including the default letter that was sent at the time.
Lowells said they cannot send me a copy of the "Deed of Assignment" as it is a confidential agreement between them and their client.

[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

[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

[*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.