It looks like an internet application apparently and he did worse dodgy things. Can someone advise me on the paperwork that I had previously uploaded from lowlife. In your experience does it look genuine and how I can fight this? Here is the settlement agreement offer they have sent through. I have not responded to this yet as have 48 hrs to decide otherwise the court proceedings will continue. Thoughts? I think it is crap. 260919.pdf

Yes lots of £12 fees put on before it defaulted. No the agreement had no signature on just my typed in name. In my original defence i said about the paperwork but didn't put in about it maybe my ex husband who took it out. Mediator said i would need to change my defence before going to court. Correct without the fees it would be.

Debt value is £301 pre court order and £406 with court fees. The actual fees that the original creditor put on amounted to £204. They wouldn't consider less than £300 as they felt they had a strong case. No mention of tomlin order. What is that? I said as i didnt think it was my debt the mediator was adding in without liability. Not got an email from them yet.

The offer is £300 paying £10 a month. Mediation will send an email and if i agree then they will send the agreement through. I have 48hrs to respond. I dont know what to do.

Offer from them to pay instalments over a period if time. They wouldn't budge on it as they say their claim is strong with all the paperwork.

I did say about the paperwork. They claim they have all the papers correct. Some i could of done myself in word. It would depend on the judge on the day in court. I have previously posted the paperwork on here and wanted advice on them if they are true papers. I am not fully experienced on this and what to do. Just wanted some help. The offer is on the table fir 48hrs.

Help for advice. Just had 1st call for mediation. Lowlife are saying my defence is an internet copy and their papers sent to me are enough. I claimed it maybe my ex who got the card but this is not in my defence. Mediator has gone back to Lowlife Re an offer. The paperwork could be redacted papers and depends on the judge on the day. What is my best move?

Thanks. What's the likelihood of them accepting an offer at this stage? There is £204 of fees added in total. Can this be taken onto consideration. I can't see mediation working tomorrow.

Hi. Help! Got my mediation call this Thurs morning. I have been trying to find what is my best options by looking at other threads. As it appears that most other threads I have read don't seem to have the paperwork what Is my best line to take. I have received some paperwork albeit an unsigned almost inelligble document and others on non headed paper that could of been made up anywhere. Paperwork has previously been uploaded on here. I'm not sure what I need to say (apart from offering to pay which I don't think is my best option), don't want to appear to be an idiot and babble on. Advice please guys?

Thank you

Just completed the N180 and sending to the court and a copy to the solicitors with signatures/contact details blocked out. Just wondered do I send it to the PO Box No for them as on the letters or the head office. Also, is it best to send as signed for to the solicitors. Just in case. Thanks for the support

Hi Just a quick update. Letter from the courts dated 16th July formally acknowledging receipt of my defence and that a copy is being served on the claimant. Advising claimant may contact me direct to attempt to resolve the dispute. Today received a letter from Lowells with a copy of their directions questionnaire agreeing to mediation (N180) and advising they have sent these through to the court. Haven't seen anything from the court direct. Should I have received some other paperwork from the court too? Is it best to agree to mediation and what do I do as no papers for me to complete. I checked on the MCOL service and it doesn't seem to reference the papers that Lowell have sent me. It should be statute barred come mid September. Will this come in to play with the courts or does it not count with a claim now being issued from Lowlife? Been looking on here on mediation info but there seems to be confliction as to whether to agree to it (judge may see this as being good for my part) or to say no. What is the best way to go? Thanks guys just need some guidance as confused with what I am reading. .

Well that's my defence filed and showing as received. What happens next? I have now got my credit report back from Experian. Is there anything I need to be doing?

Thank you. Its all new to me

Thanks Guys. Just want to clarify so the above is Ok to use as my defence and I can just copy it to the online system? What will happen next?

Hi guys - Update I acknowledged the papers within the timescale and have been looking/searching on here for info to do my defence. Struggling to find anything like mine where they have issued so near to being statute barred and receiving 2 PAPS, in eligible dubious paperwork but have copied and added to the below. Getting in a panic as it the 33 days is up on the 19th. Please can anyone advise as its all new to me and I have tried to research. I also scanned the paperwork they sent me again to try and get it clearer, its the agreement that is pants. Used the big photocopier at work but still cant get it any clearer. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and it is accepted insofar that I have once held a contractual relationship with Capital One. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor. 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 59 months ago. 5. On the 18th June 2018 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant respond to the CPR but still remains in default of the section 78 request. Some of the papers received did not appear to be originals and were not on company letter headed paper. The Capital One agreement was also in illegible and not showing a handwritten signature.. On 6th April 2019 a further letter of claim was received from Lowell Solicitors. A PAPR1 was completed for a second time and returned on signed for on 2nd May 2019. A letter from Lowell Solicitors dated 13th May 2019 referring back to the 2nd January letter that enclosed the dubious papers. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any true and illegible evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Any input would be greatly appreciated. Capital One Agreement scan.pdf Capital One papers 2nd Jan.pdf

Yep pretty much the same quality. The agreement one is the worst. I will try to get it a bit better on the photocopier I have used but it don't look promising. Is it worth requesting another one due to being ineligible? What is the correct format that you mention on the default notice? I will go and do the acknowledgement and some homework.

Thanks. Attached the paperwork received from Lowells 2nd Jan 2019 and then they sent me another PAP. Should this not be statute barred? What is required in the defence part of the form. Can I use the fact that they sent me 2 PAPS. I have been reading through the forums but struggling to understand what it is I legally need to put in for defence. Lowell Solicitors response 2nd Jan 2019.pdf

Hi as advised here are my responses to the above. What do I need to do next? I intend to defend this but need some help in this direction. Name of the Claimant? Lowell Portfolio 1 Ltd Date of issue – 19th June 2019. Date of issue 19th June date to acknowledge) = 5th July date to submit defence = 19th July (33 days in total) - Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Defendant opened a Capital One regulated consumer credit account under reference xxxxxxxxxxxxxxxx on 20/03/2012 ('the Agreement') 2) In breach of the Agreement, the defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 25/09/2014 and written notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £301.36 remains due and outstanding. 5.And the Claimant claims a) The said sum of £301.36 b) Interest in pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing a daily rate of £0.066, but limited to one year, being £24.11 c) Costs What is the total value of the claim? £410.47 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?Yes received and completed two. 1st one received 24/05/2018 and sent back 18/06/2018. Response received with paperwork 02/01/2019 from Lowell. 2nd One received 06/04/2019 and sent back. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No Did you inform the claimant of your change of address?not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Credit Card When did you enter into the original agreement before or after April 2007 ?After April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ?Online I think Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Requested from Experian. 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. Claim issued by Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?I was aware from the PAP letters response but cannot remember getting a notice of Assignment. Did you receive a Default Notice from the original creditor?Again cannot remember getting one. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Have received some but cannot say got them every year over the last 6 years. Why did you cease payments?Was previous partners spending and couldn't afford payments after the split. What was the date of your last payment?23/04/2013 Was there a dispute with the original creditor that remains unresolved?No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?Cannot remember

Received court claim form papers this morning. Issue date is 19th June. Can anyone advise on what to do Re completing these as I want to defend.

Hi Thanks. Yes the link is working for me. I sent the PAP this morning before I saw this response so will wait and see what happens. Something is a bit strange that they send out another PAP for whatever reason. Will be back when/if I hear back.

Ok. I will do that to cross check the dates. In the meantime should i respond to the 2nd PAP? I dont want them doing a backdoor CCJ because i didnt respond. You said it cost them dearly. Why is that. R they made up DNs

Yes it looks just like that. No proper address on for Capital 1.

1st letter says default notification under s87(1)& asks for overdue amount within 28 days. If not received then account will be fermented. 1st letter also Says should include OFT info sheet. No idea if it did as not seen original. 2nd letter informing account fermented. Unsure if these are original letters or been made up by Lowell.

Letter dated 15/8/13 was a notification of default quoting s87(1) CCA. Then a letter dated 17/9/13 saying account had been fermented. Both had my address on, ref & amount due. Their address was just one line being a PO Box No with a 08 tel No. Both looked like photocopies and came from lowell solicitors from 1st PAP i sent back i Jan 19. Am i right in thinking it wont be SB till Sept? I dont seem to have access to the library on here to access the forum letters.