*** WON *** Lowells Claim for Capital One Card

[ADDLED]

Hi again. Well, it seems that CC claims are like buses; they arrive in multiples.

Just had another claim from the above for a card balance that I paid off about 3 or 4 years ago. I followed the process and I acknowledged on 3 May and sent a CPR and CCA request to Lowell's Solicitors 5 May. Havent had a response or acknowledgement from them.

I need a little advice please on a procedural issue; I have just noticed from reading another post that the CCA request and fee should go to the claimant. Copy claim is attached, claimant is Lowell Portfolio ltd, solicitors are Lowell Solicitors Ltd. Is it incorrect to send both to Lowell Solicitors, and should I resend CCA to Lowell Portfolio?

thanks
ADD

[nemesis45]

Re: Lowells Claim for Capital One Card

Hello Addled,

CCA request to Lowell Portfolio Ltd. CPR31.14 to Lowell Solicitors.
Lowell solicitors are an unknown quantity at the moment, when it comes to procedures they seem to lack professionalism.
Many solicitors will reply stating the bloody obvious that they are solicitors and not the creditor and some may pass the request to their " client " i.e. the twit at the next desk others may return it.
For the sake of £1 it's worth sending one to Lowell Portfolio make sure you endorse the PO " For Statutory Fee " only.

nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks for the quick reply nem, will dash off another copy with PO tomorrow. Do I ask the post office to endorse the PO or do I write it manually on the back?
tks
ADD

[nemesis45]

Re: Lowells Claim for Capital One Card

Thanks for the quick reply nem, will dash off another copy with PO tomorrow. Do I ask the post office to endorse the PO or do I write it manually on the back?
tks
ADD

Yes Add on both sides even better.

nem

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi nem. Completely forgot to take the letter with me when i left this morning and away for a few days. I called Lowell Solicitors and they confirmed receipt of the CCA request and said that they will process it on behalf of their client and that they accept it has been served.
I got the guys name and employee number and have a record of the call.
Should i accept this?
Tks
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi again.
Not a squeak from Lowells since I sent my CCA and CPR requests and tomorrow is day 12+2 so I plan to file a defence first thing in the morning. Ive emended a defence that charity kindly sent me, so would be glad if someone would give it the once over just to make sure its ok.
There is a note in point #5 about the Law of Property Act 1925 that I'm unsure about.
tks
ADD

DEFENCE

Preliminary Matters

1. The Claimant’s claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendant contends that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendant reserves the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. The Claimant states the claim relates to a credit card account with Capital One but without further details the Defendant is unable to identify such an account within his own records.

5. The particulars of claim state that the account was assigned to the claimant on 12/3/2015 and that notice was served and not complied with. The Defendant did not receive notice.

Template defence that I've amended included the following; "...the account was assigned to the claimant ... and that notices were served pursuant to the Law of Property Act 1925." Claimant makes no reference to this act on the claim form so I've omitted it. Should I refer to it?
6. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

7. In respect of matters, which the Defendant is able to plead to, on the 5 May 2016 the Defendant sent “recorded delivery” requests for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

8. The Claimant has not disclosed any documents relating to their claim to the Defendant.

9. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

10. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

11. The Defendant has also sent a request by “recorded delivery” on the 5 May 2016 to the Claimant for inspection of documents mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

12. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Default Notice

15. It is denied that the original creditor, Capital One, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

16. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

17. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion

Accordingly, the Defendant avers that

20. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

21. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

22. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

23. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true

Signed
Dated

[nemesis45]

Re: Lowells Claim for Capital One Card

Hello Addled,

The content is fine,

I would remove the " bold headings". just tidying up. Para 5 leave out text in bold.

nem

Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,

Between


Claimants name:

and
.
Your name.................................Defendant

Preliminaries should mention the receipt of the CC Claim No.xxxxxxxxxxxxxxxxxxxx on date.............................:

Then the body of defence.

[ADDLED]

Re: Lowells Claim for Capital One Card

Thanks nem, will do. So no need to include the guff about the Law of Property Act.
tks
ADD

[nemesis45]

Re: Lowells Claim for Capital One Card

Thanks nem, will do. So no need to include the guff about the Law of Property Act.
tks
ADD

No, just that you did not receive notice of assignment.

nem

[Amethyst]

Re: Lowells Claim for Capital One Card

amended claim form xx ( first post)

[ADDLED]

Re: Lowells Claim for Capital One Card

Tk Amethyst!

[ADDLED]

Re: Lowells Claim for Capital One Card

I am itching to get this defence in, so right on the stroke of midnight I'm onto the MCOL site to sort it.
Tks for help from everyone, will keep you posted.
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Done! Also I did notice, too late, that the numbered bullet points on the defence are missing nbrs 13 and 14. Since I cut and pasted it onto the MCOL site I have replicated the error.
Will it matter at all, or would it perhaps be dismissed as an admin error?

tks
ADD

[ADDLED]

Re: Lowells Claim for Capital One Card

Hi all,
I received the directions questionnaire this week and plan to fill it in agreeing to mediation and list my local court.
Can this form be completed on the MCOL site? I had a look but didn't see anything.

tks
ADD

[Amethyst]

Re: Lowells Claim for Capital One Card

No it can't although you can form fill the PDF via Adobe , digitally sign, print to PDF, and email it to the court. Otherwise snail mail is absolutely fine. You should send a copy to the claimant as well.