BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Have done, thanks for the response nemesis45!

Kind regards
DavidN

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I wasn't aware that i had to send anything to Capital One (Europe) Ltd as I understood that they were no longer a creditor. Have I been missing something here? I have not seen this action reflected elsewhere, why do i need to send an SAR to the original creditor please explain in more detail.

I did

It will give you the history of the account including the Transaction Log which can confirm whether the documents eventually produced by the Claimant are 'honest and accurate'.

They may not have disclosed any paperwork yet but I would expect them to be busy reconstituting them as we speak.

Di

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi Diana M, thank you for your addition to this string, having given your earlier contribution more attention, I got it! please excuse my ignorance, DOH!

Kind regards
DavidN

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I received a letter from the court on the 13th of April stating that my defence had been acknowledged of which a copy was being served on the claimants solicitor and that they would have 28 days in which to respond. Failure to respond within the allocated time the claim will be stayed, and after this time the claimant would have to apply to a judge for an order lifting the stay.

Also today, 5/5/17 I have received the full SAR from Capital One (Europe) Ltd including all the information that I requested.

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

is what you received enforceable??? that is the question??

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Hi MIKE770 and thanks for your response.

That I'm not too sure about yet as I have a lot of document there to go through.

What in particular should I be looking for as a starting point Mike?

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

main points are the CCA1974 they sent through, default notice or record of it , last payment/termination , could copy and redact the cca1974 etc minus reeference nos/names adreeses etc and post up on here for observations? Terms & conditions from day one and since.

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

[MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

today, 5/5/17 I have received the full SAR from Capital One (Europe) Ltd including all the information that I requested.

Just to clarify, you've received a SAR response from Capital One but no documents from Lowell or B W Legal?

The SAR documents are yours alone. Capital One is not party to these proceedings. The paperwork you've received is for your eyes only. Treat it as 'intelligence' if you like, which will help you when you come to running forensics over any paperwork produced by the Claimant where you'll be looking for inconsistencies.

Meanwhile if Lowell has not complied with your CCA Request the debt will be unenforceable in court unless or until they do.

When you look through the SAR documents see if there's a credit agreement. Because if it's not there and the Claimant produces one as evidence, that begs the question of where did they get it from?

And if there's no mention in the Transaction Log of a Default Notice being served then it probably didn't happen. If there is a note to say one was issued then check the date on the Transaction Log because if the Claimant produces a reconstituted one you'll need to see if they got the date right.

etc etc etc.

Di

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

From a quick scan of the documents supplied from Capital One (Europe) Ltd:

1. I have the default notice sent on the 18/05/14. (This notice was sent to a previous address which I had vacated 14 months earlier. Therefor I couldn't have signed for it if it had been recorded delivery). I'm not sure is this relevant or not?

2. Last payment date on the account was 13/01/14 ( I see from the records that my credit limit was increased from £700 to £950 on the 21/12/13) Again, I would not have been at the address at this time and did not request any increase in my credit limit.

3. The CCA is dated 22/4/2009.

4. There is an additional letter showing my credit limit is £950 with terms and conditions on the back of the letter, there is no date on this letter and the only indication that I have for dating the letter is the higher credit limit which came into effect on my 21/12/2013 statement.

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

DNs oridinary post

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

I am now totally confused!

The court wrote to me and said that they were sending my defence to Lowells and/or their solicitor BW Legal on the 12th of April, and that they would have 28 days to respond, and, if no response was received by them (the court) by this time the claim would be stayed.

Today I have received a letter from BW Legal dated the 15th of May saying that their client intends to proceed with the claim and that they (BW Legal) have filed a notice of their clients intention to proceed with the court.

However, no paperwork that I requested from eithe Lowells or BW Legal has appeared as yet and there is nothing new registered on the moneyclaim website under my claim reference since the acknowledgement and acceptance of my defence.

Can anybody clear this up for me please.

Kind regards
DavidN

[MIKE770]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

[MENTION=87380]Diana M[/MENTION]

[Diana M]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

From what you say the Claimant has told the court that they intend to proceed with the proceedings within the 28 days they were given.

You should receive a Directions Questionnaire direct from the court any day soon. You need to complete and file that by the deadline they give you.

Whether Lowells have the documents or not to win the case is not the issue (until the Trial). They've told the court (if they have) that they intend to battle on.

Di

[DavidN]

Re: BW Legal/Lowell portfolio 1 Ltd/Capital One (Europe) Ltd and me DavidN

Thanks again Diana, I'll look out for the courts letter, in the meantime, tomorrow I will copy and upload the original agreement and terms (both sets) that Capital one (Europe) Ltd have sent me for your perusal, if you don't mind. Your help is more than appreciated along with the responses from other members of this excellent forum.

Kind regards
David