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Lowell CCJ claim via Overdales Solicitors (original Capital One CC). ADVICE PLEASE.

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  • Lowell CCJ claim via Overdales Solicitors (original Capital One CC). ADVICE PLEASE.

    Received a claim? Yes

    Issue Date: 6/4/21

    Have you Acknowledged the Claim? Yes 11/04/21

    Total Amount Claimed : £460

    Claimant’s Name: LOWELL PORTFOLIO I LTD

    Solicitors Firm: OVERDALES SOLICITORS

    Original Creditor: Capital One

    Original Debt (eg. Credit card/Loan/Overdraft) : CC £350

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

    Apologies I do not know what to put here please advise. It is for a defaulted CC account opened 23/02/17.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):

    No contact that I'm aware of. Capital one claim they sent me a letter saying they sold my debt (29th may 2020) and Lowell on same date, which I don’t recall receiving

    List any letters you have sent (eg: CCA/ CPR ): Sent both CCA and CPR, and they sent me back Notice of assignment, agreement , statement and default notice dated 10th June 2021

    Any Other Information or Background Details:

    I defaulted as I incurred 13 x over limited £12 fees of £156 in total. I have sent capital one letter today asking to refund these unlawful fees + statutory interest =£200.

    Can I mount a defence, please let me know if you need anymore info or to upload any docs. I have no idea of my deadline to file defence.

    Many thanks.
    Tags: None

  • #2
    I just noticed original credit agreement has my name printed in BLOCK CAPITALS and dated but no signature and a signature on their behalf same date. Is this a mute point? Also the change of ownership letter from Capital One is not on headed paper, the CCA and statement has info cut off at bottom, ie lines of transactions and terms not clear and cut off (it is a scanned photocopy). I can upload if needed.

    Comment


    • #3
      Can anyone offer any advice?

      Comment


      • #4
        weekend slow down pls

        Comment


        • #5
          done on line originally?

          live in eng;and/wales or scotland? statute barred stops once claim issued = statute barred 5 years scotland or 6 years england/wales

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          • #6
            CPR only ask for items mentioned on claim form!??

            default notice dated 10th June 2021?

            claim issued 6th April
            2021??????????? please check your dates as they do not add up??? april???

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            • #7
              Originally posted by youcrazyboy View Post
              I just noticed original credit agreement has my name printed in BLOCK CAPITALS and dated but no signature and a signature on their behalf same date. Is this a mute point? Also the change of ownership letter from Capital One is not on headed paper, the CCA and statement has info cut off at bottom, ie lines of transactions and terms not clear and cut off (it is a scanned photocopy). I can upload if needed.
              on line application then no signature only tick will do????

              Comment


              • #8
                I've made a huge F Up . I asked Lowell for paperwork as advised and acknowledged the claim and was waiting for advice here on how to proceed. I didn't understand above comments. Due to getting covid and being sick as a dog I didn't follow up and got "A judgment was issued against you on 09/08/2021 at 19:28:4". Please can someone advise me what to do. I really appreciate it. Fill out N244? Thanks so so much!

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                • #9
                  Appreciate if anyone can offer any advice

                  Comment

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