Only shows a two year payment history, wont allow me to look further back. Certainly no payments made over the last two years.

Right, after 25 minutes on the phone to Crap 1 they are unable to give me any information regarding the last payment they received from me. Cant or wont? Hmmmmmmm This being the case, should I just proceed with the SB defense? Chris

Hello again, Right, I'm back from work now and this has my 100% attention now until completion. I have tried logging into MCOL again and all works and I have the option to submit a full defense. So that being the case do I will ring Cap 1 now and try to find out the last payment amount and date they have against my account and report straight back.

I have the credit check now and can confirm that the card account was created on the 3rd of December 1999. Also the default date is 25th of Feb 2009. Sorry but I have to go into work for a couple of hours but when I get home I'd like to complete this with your help if you dont mind.

OK, cheers, Unfortunately someone is going to have to babysit me thru this as I have not got a clue about putting together a defence. Until I came across the CAG I didnt even know I could. I do owe this money at the end of the day and assumed that the birds had come home to roost so to speak. As yet despite sending away for them the other week I have not received the requested documentation from Lowells or BG so agin, how can I defend against them? Sorry if this all sounds a little dumb ass but this is something I have never had to contend before so really do not have a clue how to go about it?

Thanks DX. Unfortunately I cant seem to be able to check the claim status as MCOL wont accept the claim number or password on the claim. Dont know what to do if Im honest and feeling bad with myself for leaving it so last minute but ive been working away as I mentioned earlier. Would I be right in thinking if judgement has been made already the case number and password would be no use and its too late?

Sorry to say but yes, nothing filed . I was sure the deadline was this Monday for some reason Just tried logging into MCOL but it keeps saying either the case number of password is incorrect. Im sure I am putting the details in correctly so does this mean its case closed an no longer accessible?

Cheers Oleg.

Thanks Oleg, TBH, I am sure I signed up for the card pre 2007, may have been 2005 ish. What difference does this make if you dont mind my asking?

Hello again all. I have ended up working away from home for the last two weeks and have been able to give my full attention to my problem above. Upon getting home today after writing to BW Legal and Lowell Portfolio the and requesting a copy of my CCA and a CPR 31:13 the only respose I have received is from BW Legal stating that they do not have the required documents and are in the process of obtaining said docs from Cap 1. This being the case am I screwed? It looks like they are stalling and I am going to get ruled against when my time runs out shortly to submit a defence. I guess the next question is, can I apply for extra time for building my defence or.... ... if its too late for that is it worth appealing if possible? Cheers Ps: I can provide a transcript of the letter from BW if it helps?

Quick question. The cca cpr & sar forms all have areas which tell you to.delete as appropriate. What do I need to do with these bits?

At this moment in time I have acknowledged service. Now it's got to this stage would Capital One discuss my old CC account with me so far as to give me the start date of the agreement?

Sorry I cannot remember when I opened the account. May well have been before 2007.

Here's all the info requested. Please let me know if there is anything else? Name of the Claimant ? LOWELL PORTFOLIO 1 LTD Date of issue – 26 JANUARY 2015 I acknowledged the claim online today at the moneyclaim web site. What is the claim for – The claimant's claim is for the sum of 5174.75 being monies due from the defendant to the claimant under a credit/store card agreement regulated by the consumer credit act 1974 between the defendant and Capital One (Europe) Plc under account reference 1***************0 and assigned to the claimant on 30/11/2012 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum (a daily rate of 0.92 from the date of the assignment of the agreement to 23/01/2015 being an amount of 722.20 What is the value of the claim? £5174.75 Is the claim for a current account or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Cannot remember. My last card was valid from December 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.(Lowell Portfolio 1 LTD Plc) Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so. Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not really sure, possibly not? Why did you cease payments? A year or two ago. What was the date of your last payment? Cannot remember. Was there a dispute with the original creditor that remains unresolved? Only over an affordable repayment option. Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? Yes, frequently however they were not exactly helpful.

Hi DX, the card was valid from December 2007

Many thanks havinastella, I will get straight on it

Hello everyone, Could certainly do with some advice if at all possible. around 5 years ago during the 'credit crunch' a company I was sub contracting to went belly up leaving me out of pocket in the short term and out of work in the long term. Up until this life was good and like so many others had various credit arrangements. However this all became unmanageable almost over night. We are now improving our situation and have payment plans in place with around 6 different creditors all of which we have stuck to and maintained payments. However Capital One was always a bit of a problem, always insisting on more than we could afford, up to 3 or 4 phone calls a day and just generally badgering the life out of us. It got to the point where I adopted the [removed] attitude to them and left them to whistle. We even changed our home phone number to stop the nuisance calls from them. Over time the letter thinned out to almost stopping. Then the letters came from different Debt recovery companies acting on their behalf. Maybe a bit foolish of me but I just ignored them hoping they would just go away. Best part is, they did. Different companies would write and as I thought, tried their luck. The thing is, none of them pushed it. I'm now at the stage where rightly or wrongly I'm beginning to think I'm going to get away with this........... Then a couple of weeks ago we got a letter acting on behalf of Lowell Porfolio 1 from a company by the name of BW Legal. Now we had heard from these people before when they threatened bankruptcy against us but like all the rest they just seemed to give up and go away. out of the blue last week we had another letter from them stating that they had commenced court action against us. No final warning of letter of intended action. Just a letter to say they had initiated court hearings via moneyclaim online. Now I know that this is a mess of my own making and that I should have worked a little harder at coming to an arrangement with one of their Pit Bulls but the fact of the matter is I didnt so here I am facing litigation. What I would like some advice about if possible though is how to defend the claim against me as I feel I am being shafted by these people to the tune of over £1500. The last statement I had from Capital 1 was for around £3400 owing but these sharks are taking me to court for almost £5200. I know that I am going to have to pay what I owe and I fully accept that but I can help feeling like someone is taking advantage of this situation to make a tidy sum at our expense. I have acknowledged the court summons to gain a little breathing space albeit 14 days but can I ask for a breakdown of the total sum for which I'm being sued? The summons states that I am being sued for the following. Amount Claimed £4909.75 Court Fee £185.00 Solicitors Cost's £80.00 Total Amount £5174.75 Now I am certain that a fair amount of the original amount they are claiming for contains plenty of charges for missed payments etc and it appears that I am being charged interest on these charges as well. Can I contest this, is it legal? I am happy to put my hand up, admit liability to the original debt and make an offer to pay but I'm not sure how to contest the way in which the debt has been ramped up especially as Lowell's have bought the debt and it looks like they are trying to charge interest on the amount from way back when it was still in Capital 1's hands. Sorry for droning on, any help greatly appreciated and if I have missed something out or anyone needs more info please don't hesitate to ask. Cheers, Chris