Letter before claim lowell Solicitors for Capital One credit card

[taotoearth]

Hi to all, what an excellent forum.

I defaulted on a Capital One credit card in March 2013 and have been getting letters from Lowell who I assume now 'own' the alleged debt. The last letter I got a few days ago is from 'Lowell Solicitors' and appears to be a letter before action threatening court action CCJ etc. States if I do not respond in within 14 days court action will be taken.

I have not acknowledged this debt or spoken/written to anyone at Lowell or Capital One.

My question is what is the next step? Do I send off request for documents (default notice, contract etc) to Lowell and Solicitors or is there something else.

Any help would be much appreciated

Kind regards

Alex

[MIKE770]

Re: Letter before claim lowell Solicitors for Capital One credit card

CCA Request


they will if as usual regardless send a N1 court summons, but could start with the CCA request recorded delivery to them with a £1.00 postal order and copy request and attached Recorded delivery to it and start a file on this possible case keep all in one place.


also give amounts owed etc and details for peeps to respond for now other request once/if they issue court claim?

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Thanks for prompt reply. The amount is £1100 for a Capital One credit card.

[MIKE770]

Re: Letter before claim lowell Solicitors for Capital One credit card

I have not acknowledged this debt or spoken/written to anyone at Lowell or Capital One. ??????????????????????? ?? take it easy, others will be along soon to advise also/ do not phone them eveything in writing recorded and filed.

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Sorry I was trying to give details of the issue. What I meant was since the default I have not contacted Lowell or C1 or spoken either of the companies regarding the debt. I know about it obviously

[MIKE770]

Re: Letter before claim lowell Solicitors for Capital One credit card

oki others will respond also, choice at this stage is the CCA request or await their next move, unless you are thinking of settleng it may be reduced with them, but most people wait and see if the CCA is enforceable or not before deciding. when did you take cap 1 account out?

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Account was opened June 2010. Defaulted March 2013.

[warwick65]

Re: Letter before claim lowell Solicitors for Capital One credit card

Hi
Does the letter from Lowell solicitors actually say letter of claim or letter before action?

You are right in sending a CCA request to Lowell but I would also send this to Lowell solicitor

Dear Sirs
Ref: xxxxxx
Thank you for your letter dated xx/xx/xxAs the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

1. The original Agreement;
2.The Default Notice;
3.The Notice of Assignment
4.The Deed of assignment
5.Statements of account;
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

In addition a S77-79 request has been sent to your client and I am awaiting response.
I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.
Yours faithfully,

Read it through and alter the bits in red or that are needed.

I managed to stave off a claim from Lowell for nearly 12 months - frankly if I had remain engaged I think I might have staved it off for longer but I got sidetracked with other commitments

You might also want to send a SAR to Capital One - there are instructions on their website but make sure they do send you what you ask for ( they seem to have a habit of sending what they think you need, not what you ask for) . It might produce some interesting material that may contradict what lowell say

[MIKE770]

Re: Letter before claim lowell Solicitors for Capital One credit card

SAR (Subject access request)

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Thanks Warwick, preparing all now to send out in the morning by signed for post. Will keep updated.

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Sorry left out it says 'Letter of claim'

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Excellent Mike, thank you very much

[taotoearth]

Re: Letter before claim lowell Solicitors for Capital One credit card

Just to update I received this reply from 'Lowell solicitors':

Dear Mr xxxxx

Client Name: Lowell Portfolio I Ltd
Our Reference: xxxxxxxxx
Balance: £1,000

Thank you for your recent email and attached letter dated 21 June 2017.

Please find the Notice of Assignment attached to this email.
We can confirm that we have requested a copy of the agreement, statements on the account and the Default Notice from the original creditor These will be forwarded to you upon receipt.
Please be advised, the Deed of Assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information to which you are not entitled to see. No other agreement/Deed of Novation exists between you and our client.
Your account has been placed on hold to allow time for the requested documents to be received.

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely,

Lowell Solicitors
Ellington House 9 Savannah Way Leeds Valley Park West Leeds LS10 1AB


They also included a 'Notice of Assignment' to Lowell from Capital One.

- - - Updated - - -

I also received a letter from Lowell that has says 'statement' with the amount alleged to be owed and some information on arrears, basically 4 pages of seemingly irrelevant information. No contract, default notice or anything else.

[warwick65]

Re: Letter before claim lowell Solicitors for Capital One credit card

Did they actually include the notice of assignment - if so thats more than they did with me

Did you send the S78 (CCA) request- if so you may just want to sit back and wait a little longer