Lowell Capital One Claim

[MarnieT]

Hi there

I received a court claim from Lowell Solicitors which was issued on 22.2.19. I have acknowledged the claim and written and printed off the letters outlined in the 'received a claim' thread. I am furious as I received no letter before claim or anything suggesting court before this arrived. Here are the details...

Received a claim? Yes:

Issue Date:22.219

Have you Acknowledged the Claim?: yes

Total Amount Claimed : £500

Claimant’s Name: Lowell Portfolio

Solicitors Firm: Lowell Solicitors

Original Creditor: Capital One

Original Debt (eg. Credit card/Loan/Overdraft) : credit card

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1. The defendant opened a capital one consumer credit account under ref xxxxx on xx/07/2016 ('the agreement').
2. In breech of the agreement, the defendant failed to maintain the required payments and the agreement was terminated.
3. The agreement was later assigned to the Claimant on xx/03/2018 and written notice given to the defendant.
4. Despite repeated requests for payment, the sum of £500 remains due and outstanding. And the claimant claims
a) The said sum of £500
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue, accruing at daily rate of £0.108, but limited to one year, being £40
c) costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): made payments in 2016 til made redundant .No contact after that with capital one or lowells.

List any letters you have sent (eg: CCA/ CPR ): About to send both CCA and CPR today.

Any Other Information or Background Details:I have had one letter off Lowell full stop!

Thank you in advance for any help.

[MarnieT]

Morning guys. I've had a reply from capital one (the sar request) asking me to post copies of my passport and driving licence. I've searched the forum and had a Google, I'm not sure what to do? Shall I send the documents? Should I reply at all if not? Nothing from lowell.
Thank you for any help.

[Amethyst]

Morning, yes they are entitled to satisfy that the request has been made by the right person so I'd send copies of your ID documents ( registered post ). Reading rest of your post xxx


ok all looks under control - you have acknowledged the claim and, as well as the sar to cap one, sent a cca request to Lowell and cpr Request to the solicitors. So all good just need to put in your defence by 25th March approx.

[MarnieT]

Brilliant thank you. I shall post those back to them tomorrow. Thanks again Amethyst =)

[MarnieT]

Hi there. I have not had any documents back from the SAR, CCA or Cpr and I entered my defence the day before it was due. Today however II have received a directions questionnaire from Lowell and a letter saying they agree to mediation. Can anyone advise how to respond to this I light of their failure to adhere to the CCA and CPR etc? Thanks.

[Amethyst]

You needn't do anything right now - soon you should also receive a directions questionnaire from the court for you to complete. You can say yes to mediation on the form ( as well as asking for the case to be transferred to you local court ) .... if it comes to mediation and still no documents have been received you can simply say so and it will be cancelled.

Once the case has been transferred ( after the dqs are in) the court will look at the claim and defence and issue directions - this usually includes an order for the claimant to produce the relevant documents.

[chareosS]

just to add to the good info already provided by Amethyst

when you get your DQ certainly agree to mediation tick the box but then write in the available box please see separate letter

then what i would do is attach a letter and write to the court that you have no issues with mediation but that you are unable to mediate at the current time due to:

the claimant not following pre action protocol
in breach of a CCA request
in breach of CPR request
no documentation provided to prove any of their claim

then finish: could you respectfully request that the court order the claimant to provide documentation in order for mediation to be possible
1) copy of agreement and terms and conditions
2) copy of the default notice served
3) statement of account showing how the alleged sums have become due and owing
4) assignment, including a copy of the deed of assignment to show proof that the claimant has full title as claimed as only then could the claimant have issued a claim in this case.

it may not work but costs nothing and worth a try and shows the court that the claimant has not followed protocol nor CCA regs.

i did it once and the judge ordered them to produce, they didnt and the claim got struck out!

[MarnieT]

Thank you guys!

So the DQ Lowell have sent me today aren't even legit?

[Amethyst]

It's legit but they do tend to send theirs a bit previous, that's all xx

[MarnieT]

Ok so these ones I can ignore? And wait for my own? I don't understand why they're sending them when they don't have the paperwork?

[chareosS]

the court sends out the directions questionnaire to each party, each party must fill them in and send a copy to the court and also a copy to the other party

have you not received one yet ? from the court mean ?

[MarnieT]

My dq has arrived! Still not a word from lowell and no cca or cpr request adhered to. Cca not even been acknowledged. How do I proceed now? Fill out the questionnaire saying yes to mediation with the above suggested covering letter attached? Thank you

[MarnieT]

Hi there

I posted back the dq about a month ago now and today I've received an email offering mediation. How do I proceed from here? I've not had anything more from lowell including no cca or cpr etc. Thank you

[MIKE770]

accept mediation ( just you a mediator in the middle and the other person the other end of the phone) , the mediation service will ask if you have all documents etc you need to proceed with case, you if still not received state "NO" The mediation service will as usual state no mediation can take place due to claimant not issuing requested documents - and case sent back to court for the next step.

Lowells are creatures of habit and in most cases fail at this point, but proceedings can force their hand later down the line, to admit no paperwork or produce something

[MarnieT]

Thank you. I responded accepting mediation and then they asked me three questions. I said no to the second one (do you have enough info about the claim, I explained they had not sent me anything), so they said mediation can't happen so it's being sent to the court. Thank you so much for your help. I'll update as and when.