**WON!!** Claim form from Lowell

[Amethyst]

Re: Claim form from Lowell

Update

Knowing me I will have broken the system but
After logging into MCOL using my gov username and password the AOS form was there at the bottom page so I completed and submitted. I had also emailed a scanned copy with the same details over the weekend.

A couple of questions if thats ok
1) Do I need to send a copy of the AOS to Lowell
2) Do I ask for the notice or deed of assignment in the CPR 31.14 letter - The claim form says 'The agreement was later assigned to the claimant on 6/12/2012 and notice sent to the defendant'

I think I might have answered my own question at this point and need to ask for the notice of assignment
3) Regarding the SAR, stupidly , I now have two capital one credit cards, both with low limits and both branded differently to Capital One although the online account is Capital One
Does that alter the reasoning behind the SAR?
It would be no great loss if I were to lose both cards although I would prefer it if that didn't happen as they have been useful for online purchases etc.

1) No
2) Yip, Ask for the Notice of Assignment in the CPR 31.14 letter ( The agreement was later assigned to the claimant on 6/12/2012 and notice sent to the defendant)
3) The SAR should in that case return you with all information on all your accounts. There shouldn'd be any retaliatory action from Cap One for your exercising your right to receive data held on you. If there were you could make a complaint to the ICO.

[Amethyst]

Re: Claim form from Lowell

V14# is 2009 - is that when the account defaulted ? ( the front sheet states defaulted agreement so presumably thats the last terms as varied )

So there isn't a recon of the 2005 terms that applied when opening the account? Just the illegible signature doc ? ( 2005 I believe would be V10)

[warwick65]

Re: Claim form from Lowell

I frankly have no idea when the account was defaulted. I went into a DMP Jan 2007 and the account was defaulted later that year I believe

[warwick65]

Re: Claim form from Lowell

CPR 31.14 request delivered to Lowell Solicitors today

[warwick65]

Re: Claim form from Lowell

Sorry another question
CPR 31.14 was received last Wednesday by Lowell solicitors so the 7 days will be up this week. It is unlikely that i will be home now until next Monday although I could divert and drop in this Wednesday

How time sensitive is it that I chase up the CPR request (if indeed i do) or of course respond to some stupid missive that some solicitors seem to send.

Date of claim was 10th Feb so I will still have a week after next monday to get my defence sorted.

Sorry to witter on

[Diana M]

Re: Claim form from Lowell

How time sensitive is it that I chase up the CPR request (if indeed i do) or of course respond to some stupid missive that some solicitors seem to send.

Date of claim was 10th Feb so I will still have a week after next monday to get my defence sorted

In most circumstances you wouldn't chase up a CPR 31.14 Request. Anyway you don't know yet that they won't produce any documents.

Until you get any letter from the solicitors there's no knowing whether it needs a reply and what that reply should be.

If your claim Issue Date is 10th February your Defence deadline will be Wednesday 15th March.

Cross each bridge as you get to it since everything else is speculation and 'what ifs'.

Chill

Di

[Amethyst]

Re: Claim form from Lowell

Would putting a further CCA request in now simplify things? It's unlikely they'd comply before defence is due and would just put the case on hold - while that's going on have a look at the agreement they sent in 2015 and see what the disputability of that document is to know whether it's subsequently worth applying to strike on the grounds on lack of documentation?

[warwick65]

Re: Claim form from Lowell

Just to clarify

The last CCA request was sent to Lowell in April ish 2016 and has not be complied with or even acknowledged - the cheque was cashed and I had a signature for delivery , I know it gets confusing as there are so very many letters between me and Cap 1 /Lowell.

Diana M recommended not sending another one as there is one outstanding

[Diana M]

Re: Claim form from Lowell

The last CCA request was sent to Lowell in April ish 2016 and has not be complied with or even acknowledged - the cheque was cashed and I had a signature for delivery . . .

Diana M recommended not sending another one as there is one outstanding

This is true

Never send another s.77-79 CCA Request if the creditor (or their predecessor) has not complied with the one you've already sent and you've got evidence to prove it.

Di

[Diana M]

Re: Claim form from Lowell

Regarding the SAR, stupidly , I now have two capital one credit cards, both with low limits and both branded differently to Capital One although the online account is Capital One
Does that alter the reasoning behind the SAR?
It would be no great loss if I were to lose both cards although I would prefer it if that didn't happen as they have been useful for online purchases etc.

Send your SAR to Capital One.

You're unlikely to lose your other cards. Creditors tend to assume that you want a SAR in preparation for making a PPI claim.

They'll have no idea you have a claim from the debt purchaser they sold it to. They wouldn't care anyway since they're out of the picture now.

Di

[warwick65]

Re: Claim form from Lowell

Had a response from Lowell to my cpr 31.14 request.

The letter says that they have included the NOA and DN and that as already advised the agreement will not be provided due to the age of the account.

the letter actually contained a list of transactions and a template DN but no NOA

They then said that they had noted my intention to defend in full and that gave me an extra 14 days to lodge my defence

The full DN they supplied is attached but i don't want to post the letter even redacted

92 CPR Response DN.pdf

Am I right in thinking they haven't got a hope in hell of winning as the account is Dec 2005, there is no DN and no NOA

Do I tell them that they have failed to include the NOA?

Oh I also sent my SAR off to Cap 1 today, £10 wasted but probably worth it

[warwick65]

Re: Claim form from Lowell

Just want to say

Thanks to Diana M in particular as well as Jo and Amethyst for helping me focus and stay calm during this.

I know it isn't over until the fat lady sings but as they have admitted they have no agreement , I really can't see them continuing once I lodge my defence.

I do wonder
In my defence would you keep it brief , i.e non compliance with S78 and no agreement or
include
Inability to produce DN
DN produce used just a template that is arguably non compliant with S88
Inability to produce NOA
No compliance with LPA in sending a NOA ( if they can demonstrate that there was one)

[warwick65]

Re: Claim form from Lowell

I have been working on my defence and been reading Cpr 16.5

Here is my first effort

Not sure if it is any good. I have placed the non compliance with S78 at the top along with Lowells admission that there is no copy agreement available because to me these seem the most pertinent. I have however included the lack of DN and NOA as secondary measures just in case

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted and accepted. I have in the past had financial dealings with Capital One (Europe). I do not recall the precise details and have sought verification from the claimant by way of CPR 31.14 and CCA section 78 request.

3. On receipt of a letter before action dated 19/04/2016 a request under S78(1) CCA was sent to the claimant dated 23rd April 2016. To date no response has been received and therefore S78(6) CCA applies

4. On receipt of the letter before action, a request was sent to the claimants solicitors requesting copies of the agreement, default notice and the notice of assignment . The claimants solicitors replied stating they were not available

5. On receipt of this claim I requested by way of a CPR 31.14 copies of the documents referred to within the Claimant’s particulars to establish what the claim is for.
I have received a letter from the claimants solicitor stating that there is no agreement available, I have not received any other documentation requested.

6. Paragraph 2 is denied. A default notice was never received. The Claimant is put to strict proof that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

7.In the alternative, if a default notice was sent in the format provided by the claimants solicitors, it is claimed it does not comply with s 88 CCA

8.Paragraph 3 is denied. I am unaware of any legal assignment served in 2012 by either the claimant or Capital One (Europe).

9. It is therefore denied with regards to the Defendant owing any monies to the Claimant; to date, the Claimant has failed to provide any evidence of credit agreement/assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show and evidence the nature of any breach and service of a Default Notice;
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

10. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

11. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the Consumer Credit Act 1974.

12. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief, including the s.69 interest claimed.
[MENTION=87380]Diana M[/MENTION]

[warwick65]

Re: Claim form from Lowell

Bugger that was quick

I checked MCOL and 6 days after receiving my defence they have sent out the DQ

I can't believe they have sent out a DQ when they haven;t provided the DN, NOA or agreement

[warwick65]

Re: Claim form from Lowell

So I had the response to my SAR which was incomplete

I am thinking of sending this

Dear Sirs,
Ref Data Protection Act 1998
Subject Access Request
On 27^th February 2017 I wrote to you requesting information under the S7 Data Protection Act 1988. I enclose a copy of the request.
You have provided me with limited information, which by your own admission does not include all of the data you hold. Apart from transcripts of telephone conversations, which I may request in the future, I would formally request that you now comply in full with my lawful request and supply all of the data requested.
Yours faithfully,

Does that seem ok?