Claim form issued by Lowells - ex Capital One account***Claim Discontinued***

[steve1963]

Hi,

I have a default from Cap1 that has really done the rounds,

 

so much so that it would probably be easier to list the firms that haven't handled it.

 

Early on I sent out numerous CCA's and no real paperwork appeared just the usual smoke screen.

 

The default celebrates it's sixth birthday next month and as an early present I received a court summons this morning from Lowell for the sum of £1862.62 plus interest of £678.91.

 

The issue date is 11 Jul and as I understand it I have 14 days to respond.

 

I'd really welcome some advice chaps, sorry if there is not much detail but I didn't want to ramble too much.

[steve1963]

Sorry I have just looked at the form and it is actually titled a claim form not a summons.

[citizenB]

I have moved your thread to the correct forum, "Legal Issues" and also amended the thread title .

 

You have a timeline to stick to...

 

Issue date = 11 July + 5 days for service = 16 July + 14 days to acknowledge = 30 July + 14 days to submit defence 13th August.

 

Can you please let us know exactly what it says on the Particulars of Claim - what they are issuing the claim for. Then we can help you make requests for documents/information.

[filrobbo]

Did you get cca for this debt if you dident you can tell the court that its in dispute

[dx100uk]

get your cra file from noddle below

 

and look up when you made the last payment

 

if the default is 1mts short of 6yrs

unless you've paid since

it will 99% be already SB'd

 

dx

[citizenB]

As dx has said, try and establish when the last payment was made to the account. Defaults are usually recorded up to 6 months after the first missed payment.

 

If you have made CCA requests, have you kept copies of these ?

 

What other communication has Lowells entered into with you, prior to the claim ?

[renegadeimp]

When was the last time you made payment to this debt and/or made written acknowledgement of it.? I'm leaning towards DX's response in post #5. If you didnt make any payment in the last 6 years or made written acknowledgement, then you have a very easy defence. Lowells will no doubt come up with a ficticious amount they claim to have credited to the account in september/november 2007 though.

[citizenB]

I am thinking that they might have credited the £1.00 statutory fees to the account in the hope you wont notice ! So if you have the dates you sent the requests that should put that one to bed.

[renegadeimp]

It really irks me that lowells are actually allowed to get away with this ( if they are inventing payments). They do it on such a huge scale, its a wonder they havent been closed down.

[steve1963]

Thanks for the quick replies, I'll take a look at the payment history but I was basing the 6yrs as from the date of default and that would be next month. It's been placed with lots of DCAs but I should have the CCA requests on my pc somewhere.

[dx100uk]

default markers are normally up to 6mts after SB date

 

dx

[steve1963]

Particulars of claim.

By an agreement between the parties regulated by the consumer credit act 1974

Capitol One (the assignor) agreed to provide credit card services to the Defendant.

 

In breach of the Agreement the Defendant failed to make the required payments to the Assignor. The Assignor issued a default notice and the contract was subsequently terminated.

 

By an agreement in writing dated 19/12/2008 the Assignor assigned the debt to the claimant AND THE CLAIMANT CLAIMS

1. The sum of 1,682.62

2. Interest pursuant TO S69 of the County Court Act 1984 namely 678.91

[steve1963]

I have been getting calls from a firm called LLC ut have not responded and there have been a couple of standard letter but over the years I've got use to receiving these so filed them.

[steve1963]

Just looked at Noodle, the default date is 14/8/2007 but the payment history seems to only go back to 2009 with no payments being made.

[citizenB]

Ok well you can make a request for the Agreement, the Default Notice and the Notice of Assignment and also a statement of account showing how the amount being claimed has been assessed. This needs to be sent to the Solicitor acting on behalf of the claimant (shown on the claim form) and you should at the very least send it by Recorded Delivery post. Keep the proof of posting and check on the RM website that it has been delivered and signed for and print off the signature sheet.

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored]

[delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment

 

3: the default notice

 

4: statements or statement of account showing how the sum claimed has accrued, to identify any default/penalty charges.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

[renegadeimp]

It's been placed with lots of DCAs

 

Alarm bells should be ringing. You have a lemon debt and lowell are doing their normal trick to try and get a CCJ.

[steve1963]

Ok, so send that to solicitors and acknowledgement of service to the court without delay?

[citizenB]

So the Default Date is 14 August 2007.

 

When a Default Notice is issued it usually states that if the breach is not remedied by DATE then they will record the default with the Credit Reference Agencies and other stuff.

 

So.. Assuming that Capone registered the default the minute they realised you were not going to remedy the breach (pay the arrears demanded) and assuming that they didn't issue a Default notice demanding the repayment of the arrears for say between 2-3 months after you stopped paying.. I would say the chances are that this is likely statute barred.

 

Obviously if you could establish the truth of that, it would be perfect. Also, it looks as though this would have fallen off your credit files next month.

[citizenB]

Ok, so send that to solicitors and acknowledgement of service to the court without delay?

 

Yes, send the CPR letter as soon as you can. You have until 30th July to acknowledge, but you can do it any time up until then.

 

[steve1963]

Alarm bells should be ringing. You have a lemon debt and lowell are doing their normal trick to try and get a CCJ.

 

I have lost track of how many DCAs have been and gone, we've been through the threats of doorstep collections and all the rest.

[steve1963]

So the Default Date is 14 August 2007.

 

When a Default Notice is issued it usually states that if the breach is not remedied by DATE then they will record the default with the Credit Reference Agencies and other stuff.

 

So.. Assuming that Capone registered the default the minute they realised you were not going to remedy the breach (pay the arrears demanded) and assuming that they didn't issue a Default notice demanding the repayment of the arrears for say between 2-3 months after you stopped paying.. I would say the chances are that this is likely statute barred.

 

Obviously if you could establish the truth of that, it would be perfect. Also, it looks as though this would have fallen off your credit files next month.

 

Yes my understanding was that next month I would see this disappear, I would have thought Noodle would list the complete payment history but obviously that's not the case.

[SWLABR9]

How have you managed to avoid paying anything all this time (pulls up chair, gets comfy) if I may ask?

[renegadeimp]

Very simple SW. Just ignore all contact. The majority of people do.

[filrobbo]

Good Luck hope you beat them.

[steve1963]

In the very early days I CCA'd Cap One and it became clear they didn't have the original documents

 

I put the account in dispute.

 

Despite that they sold the debt on to Lowells who over the years have farmed it out to all and sundry.

 

At the beginning I CCA'd them as they appeared but it became futile (well I thought it was) because it was obvious they didn't have the required docs,

 

I never took their calls and when they threatened to doorstep me I sent the relevant letters.

 

I have never knowingly made a payment to any third party.