credit card debt

[BWG]

hi
Please see attached documents, I wonder if you could give me any advise on whether it is worth me continuing to dispute this claim, and if so how I should go about it.

[Beechwatch]

Re: credit card debt

Alias I think that to pursue may cost a lot. Have you considered going to the citizens advice bureau for free legal advice.

[Diana M]

Re: credit card debt

Please see attached documents, I wonder if you could give me any advise on whether it is worth me continuing to dispute this claim, and if so how I should go about it.

I've taken a peek at the documents you've uploaded.

What I can see is you appear to have filed a Defence to this claim in January.

What I can also see is the Claimant's (anonymous) solicitors have fought back through correspondence but it looks like the claim may be currently stayed (is that correct?).

The credit agreement you've uploaded/posted appears to be from 2005 so my answer to your question has to be it may be worth continuing with your dispute of this claim.

Have you sent a section 77-79 CCA Request and what was the basis of your Defence?

Who is the Claimant?

Di

[Diana M]

Re: credit card debt

I think that to pursue may cost a lot. Have you considered going to the citizens advice bureau for free legal advice.

Why would defending this claim cost the OP a lot?

Until the amount claimed is known it's possible that this claim may be allocated to the Small Claims Court where legal costs are not automatically awarded to the 'winner'.

Perhaps the OP has joined the forum in order to get free legal advice ?

There's anecdotal evidence that the CAB advises debtors to admit the claim, accept a CCJ and hope to persuade the court that an instalment Order is preferable to contesting a claim.

That's not the approach my firm takes I can assure you!

Di

[warwick65]

Re: credit card debt

I have a claim from Lowell regarding a Capital One account from a similar time.

My agreement looks scarcely similar but I am defending it to the hilt with the help of Diana M and Joanna C

There are lots of questions that need answering before good advice can be given

Did you send a CCA request off
What are the particularls of claim ?
Did you get the SAR back from Capital One ?
Did you send a CPR 31.14 request off when the claim was received?

Finally and if its not too personal - how much is the claim for

From the total cost of credit on the agreement I would suspect the credit limit was about £3000 at opening so somewhere in that region?

[BWG]

Re: credit card debt

I've taken a peek at the documents you've uploaded.

What I can see is you appear to have filed a Defence to this claim in January.

What I can also see is the Claimant's (anonymous) solicitors have fought back through correspondence but it looks like the claim may be currently stayed (is that correct?).

The credit agreement you've uploaded/posted appears to be from 2005 so my answer to your question has to be it may be worth continuing with your dispute of this claim.

Have you sent a section 77-79 CCA Request and what was the basis of your Defence?

Who is the Claimant?

Di

Hi Diane

Firstly thank you for taking the time to look at my problem,
The claimant is Lowell Portfolio Ltd
I sent an SAR request on 21/11/2016
attached sample of docs they sent

[MIKE770]

Re: credit card debt

no heading as usual just print out of figures could relate to anything or a school exercise project = never a professional response from them and crap one!

[BWG]

Re: credit card debt

this is the last letter i sent to them, they didnt answer and have since decided to go though the small claims track by phone. Your comments . I think maybe i should have just gone to court.

[warwick65]

Re: credit card debt

this is the last letter i sent to them, they didnt answer and have since decided to go though the small claims track by phone. Your comments . I think maybe i should have just gone to court.

Sorry,not sure what you mean by through the small claims track by phone?
Do you mean it is going to mediation?

[BWG]

Re: credit card debt

Sorry,not sure what you mean by through the small claims track by phone?
Do you mean it is going to mediation?

Yes mediation by phone.

[warwick65]

Re: credit card debt

Ok

I believe that is just a step to try and settle this without going to court.

Did you send the claimant a CCA request when you received the claim and have they replied
Did you send a CPR 31.14 request, if so what did you ask for and have they replied.

If they have not replied I doubt mediation will go ahead , if they have replied or you haven't sent the letters.

You sent the SAR to the solicitors or claimant?
They will only have details from when they bought the debt

Did you send one to Capital One as well?

There are so many questions

Remember that mediation is just that, mediation and is confidential. If you want to make an offer at mediation you could, start at silly money say £50 and see what they say , the offer is purely because you want rid not because you admit anything

[BWG]

Re: credit card debt

thanks