Capital one/Lowells Claim

[Cap1nhand]

Hi folks, hope someone can help. I have been away working and on my return have received a claim form from Lowell Solicitors for a capital one debt they have bought.
It is quite old and I cannot remember when I took out the card, I was unable to pay it when I went through a very hard patch a few years ago and was defaulted, I have never entered into any correspondence with capital one or lowells about the default.
The issue date was mid may so I have registered on moneyclaim.gov and acknowledged service within 14 days (+5). I was wondering what I should do now, from reading this great resource legalbeagles I believe I should send a CCA request, I was going to use a template from the library, but in the section for creditors name address etc do I put capital one or lowells (lowells are the claimant).
thankyou cap1nhand

[Kati]

Re: Capital one/Lowells Claim

CCA to the claimant (Lowells)
CPR to the solicitors



to LB xx

[nemesis45]

Re: Capital one/Lowells Claim

Hi folks, hope someone can help. I have been away working and on my return have received a claim form from Lowell Solicitors for a capital one debt they have bought.
It is quite old and I cannot remember when I took out the card, I was unable to pay it when I went through a very hard patch a few years ago and was defaulted, I have never entered into any correspondence with capital one or lowells about the default.
The issue date was mid may so I have registered on moneyclaim.gov and acknowledged service within 14 days (+5). I was wondering what I should do now, from reading this great resource legalbeagles I believe I should send a CCA request, I was going to use a template from the library, but in the section for creditors name address etc do I put capital one or lowells (lowells are the claimant).
thankyou cap1nhand

Lowell now own the debt . Lowell Solicitors in house " legal" department prone to schoolboy errors. Capone is out of the picture.

It would be worth making a Free check on credit files for some history on the account ( Noddle is free online and Equifax and Experian have 30 day free trials.

nem

[Cap1nhand]

Re: Capital one/Lowells Claim

Thankyou both for your help, I will get the letters sent and get a report.

[charitynjw]

Re: Capital one/Lowells Claim

There is also the possibility that this alleged debt is Statute-barred.

[Cap1nhand]

Re: Capital one/Lowells Claim

Thankyou charitynjw, how would I check this please.

[charitynjw]

Re: Capital one/Lowells Claim

Thankyou charitynjw, how would I check this please.

If you have not personally paid into the account or acknowledged the alleged debt within the last 6 years (5 in Scotland), you can add 'Statute-barred' to your defence, & submit an SB letter enclosed with your CCA & CPR letters.
It will then be up to the other party to prove the contrary.
Obviously it would be wise to obtain proof yourself; usually your bank will supply details of the relevant periods for a small fee.

[Cap1nhand]

Re: Capital one/Lowells Claim

Hi folks copying and amending the CCA and CPR to suit from the library, just something I wanted to get clear before I send them. The paragraph "ahead of filing my defence on (date)".From what I can tell my 28 days is up on 19th which is a sunday, so what date should I be putting here for filing my defence.
In the template it says only ask for documents listed, the formal demand is not listed but should I ask for it anyway.
Also from reading the forum I gather it is unlikely that I will get the information I am asking for in the allowed timescale, what do I do regarding the short time I have left to enter a defence.
Sorry for all the questions Cap1nhand

[charitynjw]

Re: Capital one/Lowells Claim

Hi folks copying and amending the CCA and CPR to suit from the library, just something I wanted to get clear before I send them. The paragraph "ahead of filing my defence on (date)".From what I can tell my 28 days is up on 19th which is a sunday, so what date should I be putting here for filing my defence.
I would just leave it at '............filing my defence'.
In the template it says only ask for documents listed, the formal demand is not listed but should I ask for it anyway.
Just the items on the PoC.
Also from reading the forum I gather it is unlikely that I will get the information I am asking for in the allowed timescale, what do I do regarding the short time I have left to enter a defence.
Keep well within the court timetable.
Sorry for all the questions Cap1nhand

Have you offered an extension of time (usually 28 days?)

[Cap1nhand]

Re: Capital one/Lowells Claim

Thankyou for your speedy reply charitynjw, regarding an extension of time, all I have done is acknowledge service on moneyclaim.gov, which gives me 28 days, do you mean something else? if so how do I do it please.