**WON!!** Claim form from Lowell

[warwick65]

Hi all

Rather rattled

Today i received a claim form from the northampton court for a cap 1 account allegedly owed to lowell

In early 2016 Lowell sent me a LBA so I replied asking for
the agreement
the NOA
the DN
A statement of account

I also sent a S78 request

I received a template letter for a DN that did not include my name , address or anything else
A statement of account

A letter saying they would not send me the Deed or any other documents they said I asked for ( I hadn't asked for any f that )

Another letter saying the NOA and agreement had been requested and would be sent to me but until then my account was on hold

I started to acknowledge the claim but got times out, now cant get back in- I already have a gov.uk account from my time as a job seeker
Questions

What next

I hope i can acknowledge the claim

[Kati]

Re: Claim form from Lowell

tagging @Diana M @Joanna C for advice ... to LB [MENTION=98117]warwick65[/MENTION] xx

[Joanna C]

Re: Claim form from Lowell

What date is on the claim form? You have 5 days for service plus 14 days to acknowledge the claim.

Try to log in again in the morning. If you can't don't worry as you can file an acknowledgment of service online . With the claim form there is also an acknowledgment of service form (N9). Complete it, sign it and date it. Then attach it to an email and email it to ccbcaq@hmcts.gsi.gov.uk. Send a copy to the claimants solicitors.

[warwick65]

Re: Claim form from Lowell

[MENTION=7765]Joanna C[/MENTION]
Hi Joanna
The claim form is dated 10th Feb
I have tried to log in again this morning and couldn't


The POC are
1) the Defendant entered into a consumer credit 1974 regulated agreement with capital one under account reference number xxxxxxxxxx( The agreement)
2) the defendant failed to maintain payments and a default notice was served and not complied with
3) the agreement was later assigned to the claimant on 6/12/2012 and notice given to the defendant
4) Despite repeated requests for payments the sum of £4500.00 remains due and outstanding
And the claimant claims
a) the said sum of £4500.00 (ish)
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
c) Costs

The total claim is a little over 5000

I am getting together a cpr 31.14 request asking for the agreement, DN and NOA

[MIKE770]

Re: Claim form from Lowell

CPR 31.14 Request

[Joanna C]

Re: Claim form from Lowell

@Joanna C
Hi Joanna
The claim form is dated 10th Feb
I have tried to log in again this morning and couldn't


The POC are
1) the Defendant entered into a consumer credit 1974 regulated agreement with capital one under account reference number xxxxxxxxxx( The agreement)
2) the defendant failed to maintain payments and a default notice was served and not complied with
3) the agreement was later assigned to the claimant on 6/12/2012 and notice given to the defendant
4) Despite repeated requests for payments the sum of £4500.00 remains due and outstanding
And the claimant claims
a) the said sum of £4500.00 (ish)
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
c) Costs

The total claim is a little over 5000

I am getting together a cpr 31.14 request asking for the agreement, DN and NOA

As the claim form is dated 10 February 2017 the acknowledgment of service is due to be filed before 4pm on 1 March 2017 and the defence befoe 4pm on 15 March 2017.

I would suggest filing the acknowledgment of service within the next few days to get it out of the way. f you are still having difficulties file it online as I suggested at post #3 of this thread.

The LB link for a CPR 31.14 request is in Mike770's post #5 of this thread.

it is a good idea for you to send a statutory request under s. 78 of the Consumer Credit Act with a £1.00 postal order to Llowells - the LB template is here http://legalbeagles.info/forums/show...y-of-Agreement

I would also suggest sending a SAR under the Data Protection Act to Provident requesting all data they hold on you. Enclose the £10 statutory fee. I think LB has a template you can use.

[MIKE770]

Re: Claim form from Lowell

deletdt.

[warwick65]

Re: Claim form from Lowell

Thanks Joanna

SAR to Lowell or Capital One?

Do I still need to send a S78 request as I sent one in March 2016 that they have not complied with

Also and sorry for being thick
If I do send the S78 request, is it to Lowell or the solicitors?

[Joanna C]

Re: Claim form from Lowell

SAR to Capital One as they are the original creditor.

No need to send a further s.78 request if they are already in default of your previous request and you have evidence for the court that you sent it.

When you say they haven't complied with your previous request do you mean no acknowledgment at all and no documents produced?

[warwick65]

Re: Claim form from Lowell

Its a bit complicated and Lowell do not know what they are doing

At most they have sent me a list of statements for this CCA request

In the past ( over 12 months ago) they did send me a copy of a 'scanned copy' of my agreement

In April last year I received a LBA
I sent a response asking for certain documents - similar to what I will be asking for in the CPR 31.14 request
I also sent a separate S78 request to lowell

Over the next few months they sent me a letter saying they were waiting for the documents from Cap 1, then they sent me a DN template that had no reference to me on it , and twice they have sent me statements however all these were sent from Lowell solicitors

I have received nothing from Lowell Portfolio 1 and I sent the S78 request to the CEO , this was advice given by another forum regular , might have been before you were regularly active on here

[warwick65]

Re: Claim form from Lowell

Oh I should mention, the last time that Lowell sent me a copy of my agreement which was in May 2015 , the actual agreement was a copy of a copy I suspect and I would argue unreadable . The later pages of accompanying T&C's were ok though, much bigger print

[Joanna C]

Re: Claim form from Lowell

From what you have said it would seem that they have not complied with your s.78 request.

[Amethyst]

Re: Claim form from Lowell

Jo, would it be an idea to send a further s.78 request directly to Lowell, as you are entitled after 3 months I believe with the same effect of non-compliance. And if they do eventually respond assess the documentation at that point? Or would it be more beneficial to argue the documents provided after the previous CCA request are non compliant? ( sounds like the original signed agreement is illegible but a recon of the full accompanying terms has been provided )

On the logging in to MCOL issue, I had the same recently, and submitted any further documents by email. I attempted setting up a new Gov Gateway log in but it had already assigned the claim to the original, so seems the only way to get back in is to call MCOL and ask them to sort it out.

[warwick65]

Re: Claim form from Lowell

Hi Amethyst
I am more than happy to follow advice on this one but just to clarify

The last CCA request was sent last April time and since then I have not been sent any copies of my agreement , just statements. I have at least one letter saying they had requested the agreement and would send it in due course.
I also , under a separate letter requested
The agreement
The NOA
The DN

They have provided non of those , the DN they supplied was a template letter with the fields ready to be filled in.


Over the years I have been sent three copies of the agreement
1) In 2012 after a S78 to Cap 1
2) In 2014 after disputing the account with wescott ( I think, might have been GPB solicitors)
3) 7th May 2015 , a signed copy of the agreement which was illegible - well the agreement was bit not the associated T&Cs

I hope that makes things clearer for everyone

[Joanna C]

Re: Claim form from Lowell

Jo, would it be an idea to send a further s.78 request directly to Lowell, as you are entitled after 3 months I believe with the same effect of non-compliance. And if they do eventually respond assess the documentation at that point? Or would it be more beneficial to argue the documents provided after the previous CCA request are non compliant? ( sounds like the original signed agreement is illegible but a recon of the full accompanying terms has been provided )

On the logging in to MCOL issue, I had the same recently, and submitted any further documents by email. I attempted setting up a new Gov Gateway log in but it had already assigned the claim to the original, so seems the only way to get back in is to call MCOL and ask them to sort it out.

Hi Amethyst

My preference would be for your second suggestion although ideally I would prefer to see the documentation provided.

If the application form is illegible as Warwick65 believes then at this point there is a valid s.78 CCA request which they are in breach due to the illegibility. This provides a valid defence on this point as the claimant cannot enforce unless they later comply.

I have had similar issues with MCOL recently as I use it to acknowledge service for clients. When I raised the issue with them the explanation I received was that on certain days their system is overloaded with a large number of claims being issued :mad2::mad2: I won't say on a public thread what my response to that was !