lowell

[scuby]

I have a letter of claim from lowells its from a capital one account dated 13/10/1998 the letter states that Lowell picked up the claim on 20/6/2014 I have never contacted lowells or paid any money to them I take it I have to reply to the claim form is there anything else I should know or do the dates surly make this satute barred I believe any advice would be very helpful thanks

[MIKE770]

Re: lowell

First Steps || Acknowledge a Claim

take it you mean you have received a claim form from Northampton??????????????/


last payment when?

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CCA Request Letter || CPR 31.14 Request Letter if needed after we get more information from you!

Date of claim from the court form??

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date of letter of claim??

[scuby]

Re: lowell

First Steps || Acknowledge a Claim

take it you mean you have received a claim form from Northampton??????????????/


last payment when?

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CCA Request Letter || CPR 31.14 Request Letter if needed after we get more information from you!

Date of claim ion the court form??

this is a letter from Lowell solicitors letter of claim

particulars of debt entered into agreement capital one on 13/10/1998 failed to make payment in accordance with agreement assigned to client 20/6/2014

I have no record of any payment to lowells I believe it was in hands of other debt companies before but I only have records going back to 2012

[MIKE770]

Re: lowell

PRE-ACTION EXAMPLE pre-action letters from Creditors/DCA's for reference is this the contents of the said letter??

what was the letter date they sent you?

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I have no record of any payment to lowells I believe it was in hands of other debt companies before but I only have records going back to 2012


??? more detail who if you paid at that time did you pay and date of last payment?

[scuby]

Re: lowell

they have sent a statement of account assignment balance £7976.38
total payments £0
total adjustments £0
total interest £0
current balance £7976.38

period of statement 20/06/2014 to 20/10/2017

I have no records before 2012 they obviously bought the debt in 2014 but I have no record of paying anyone for this debt
how can I find out when last payment may have been paid

date on letter 20/10/17

[MIKE770]

Re: lowell

Subject Access Request Letter to originator i.e. Capitol one trouble is they have 40 days to respond with all the account details and payments etc, cost £10.00 , send Recorded delivery,

send the CCA request with £1.00 postal order Recorded delivery.

surely you paid capital one since taking it out, ??? you did use a card from them ////??? you need to sit quietly and get your head into this one and give the information known to you, as Lowells do issue court papers regardless and there is a system to follow, so if you need help/advice the peeps on here need to know the facts okay?


who were the other debt collection chancers?

[MIKE770]

Re: lowell

give capital one a ring and ask date of last payment to them?

[scuby]

Re: lowell

Westcott was the company I believe I before, I cant remember when I last paid anything to capital one but it`s a very long time ago I well over 8years

I will send a cca request

thanks for your help I think I will go down the statute barred line of reply

[MIKE770]

Re: lowell

westcott only acting for owners and hope to get commissions on anything they manage to collect, they would not own any debts as they are not debt buyers,


also send a SAR request to capital one always useful sooner get it off the better. can throw up a lot information

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give capital one a ring and ask date of last payment to them?

'''Have you rung them??? 0344 481 2812

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Westcott was the company I believe I before, I cant remember when I last paid anything to capital one but it`s a very long time ago I well over 8years

I will send a cca request

thanks for your help I think I will go down the statute barred line of reply

not straight forward as that you need proof of all data, , but do not tell lowells anything as when they issue ??? a court claim then you ask for their proof etc etc

[scuby]

Re: lowell

very disappointing have talked to capital one and it appears I made a payment to wescott for £50.00 on 13/10/2013 so it seems I am out of order maybe have to talk to the shysters after all
but great advise on here got to get my head around the best way forward now

thanks mike 770

[MIKE770]

Re: lowell

OK? but send the SAR OFF as any payment say after a 6 year period does not count , only thing is when did you stop paying them? and any non payment or acknowledgment in between payments to DCAs??
@Warwick @dianaM

[scuby]

Re: lowell

sorry what is a SAR and do I still need to send a cca request

[MIKE770]

Re: lowell

| Subject Access Request Letter click on the blue


A subject access request (SAR) is simply a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.


send Recorded delivery and attach receipt to your copy of request

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sorry what is a SAR and do I still need to send a cca request

CCA Request Letter click for letter Recorded delivery

[warwick65]

Re: lowell

Hi Scuby

There are some really important things that need doing if you want to fight this claim. I am also in the throws of a claim from Lowell regarding a Cap 1 debt
[MENTION=3599]MIKE770[/MENTION] sorry if you have already covered these

1) Acknowledge the claim- this can be done online at the MCOL website. If you do not have a gov gateway account you will need to set one up and then log in using the reference and password on the claim form. If not you can complete the acknowledgement of service and post or email it back

I strongly recommend online - beware MCOL often goes down over the weekend and you have 19 days from the date on the claim form

2) Send a S78 request off to Lowell - mike has linked this for you in a previous post There is a £1 fee for this

3) Send the CPR 31.14 request - this goes to the solicitors on the claim form or the address for service of documents if different
Remember you can only ask for items mentioned in the particulars of claim- it would help if you could type out the POC for people to look at
There is no fee for this and I used the CPR31.14 letter that also refers to enclosing a copy of the CCA request for their reference

4) Send a SAR to Capital One asking for all documents they have
There is a £10 fee for this

This is a type of SAR I favour

If you have moved since Capital One sold the debt ( or even since you opened the account) you may want to list the addresses you have lived at

Dear Sir/Madam


DATA PROTECTION ACT 1998 - SUBJECT ACCESS REQUEST
ACCOUNT /REF NUMBER XXXXXXXX


Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal date which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence. Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

I enclose the statutory maximum fee of £10. You have 40 calendar days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

Yours faithfully,

I believe the SAR is really useful as it may provide detail that contradicts what the other side says or indeed provide info that they are unaware of which can be used in your favour

Remember to keep copies of all the letters and payment methods you have made. I would send them all by royal mail signed for and keep copies of the receipts and when you have signatures on the RM website print them off

As this is for a relatively large Cap 1 debt ( you will see many cap 1 are for just a few hundred pounds) , you may feel that it is worth while engaging a solicitor who can do some or all of the work for you

There are some local and national firms listed on the find a lawyer link at the top of the page

If I may be so bold- check the track record of the solicitors and see who they work for, some will work for both financial organisation who make claims as well as defendants while others work solely for defendants like you and me. I know who I would prefer - someone with no conflict of interests

Even if you are unsure about paying a solicitor many give freee initial advice although remember this is the weekend so its unlikely you will get anyone till monday
[MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION]

Have I missed anything?

[Diana M]

Re: lowell

I have a letter of claim from lowells its from a capital one account dated 13/10/1998 the letter states that Lowell picked up the claim on 20/6/2014 I have never contacted lowells or paid any money to them I take it I have to reply to the claim form is there anything else I should know or do

Can you clarify whether you've received an actual claim form from NCCBC or only a Letter Before Claim from Lowells Solicitors.?

Di