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

[renegadeimp]

So you are confirming no written acknowledgement and payment have been made in 6 years?

[steve1963]

As far as I am aware, I would question where the £1 statutory fee went when I sent in the CCA though.

[renegadeimp]

Well, in that case you have a Complete defence as the debt is SB.

 

Just be aware that lowell will claim that you made a payment in september/November 2007.

 

If they do, you need to demand they provide complete and conclusive proof the payment was genuine.

 

If they state you made it by bank/PO,

 

then you want to demand that they provide ALL info surrounding the transaction, such as sort codes, account numbers, reference numbers.

[steve1963]

I guess I need to find out exactly when that last payment was made so that I can state a proper date. What would the process be in this situation?

[renegadeimp]

You would need to SAR them, or, and im not sure about this, you can send a CPR. Hang tight and hopefully someone with more knowledge of the court system can advise. In the meantime, make sure you follow those timeframes, so they dont get judgement by default.

[dx100uk]

wont hurt to ring cap1 and ASK

 

dx

[renegadeimp]

Make sure to record the call as well!

[BRIGADIER2JCS]

Looking back a some Capone cases the latest date I can find for a default was 7 months after the cause of action, the average is 4 months, so very likely already statute barred, so why not phone CAPONE and ask for the date of the last payment?

[steve1963]

Ok will do, if it is the case that the last payment was over 6 years ago does the process still carry on as prescribed? Do I still send the letter to the solicitors and the acknowledgement to the court?

[BRIGADIER2JCS]

Yes once you have the information you could suggest politely that the case is discontinued for the sake of saving costs and court time.

 

State the claim will be defended in full.

[steve1963]

OK will let you know what Cap one say, for some reason the thought of ringing them makes me feel uneasy:|

[BRIGADIER2JCS]

OK will let you know what Cap one say, for some reason the thought of ringing them makes me feel uneasy:|

The call cannot affect the status of the account, cannot reset the SB 6 year clock. Capone have no axe to grind now Lowell own the account.

Edited July 14, 2013 by BRIGADIER2JCS

[steve1963]

Yeah I guess just hate the feeling it give me in the pit of my stomach.

[citizenB]

OK will let you know what Cap one say, for some reason the thought of ringing them makes me feel uneasy:|

 

You don't really have much choice. You can either telephone them and ask when the last payment was made to them or send a CPR part 18 to Lowells.

 

You know you haven't made any payment to Lowell so they are going to have to provide you with a date prior to the assignment.

 

I have attached a draft CPR part 18 below - but check Capone out first.

 

[ATTACH=CONFIG]45189[/ATTACH]

 

 

[steve1963]

Thanks, I'll make the call tomorrow. See what they say.

[steve1963]

Called Cap1 and the account number isn't recognised so the fella tried to find the account using our home tel number still nothing, then he tried using the postcode, still nothing so I guess we are no further on. He gave me an address to write to

[citizenB]

Called Cap1 and the account number isn't recognised so the fella tried to find the account using our home tel number still nothing, then he tried using the postcode, still nothing so I guess we are no further on. He gave me an address to write to

 

In this situation, I would send the CPR 18 that I drafted for you in an earlier post, to the solicitors acting on behalf of the claimant.

 

Put them to proof of the last payment.

[steve1963]

Ok will do. I'm going to dig through some old boxes see what paperwork I can find. If I come up with anything I will update.

[steve1963]

Right spent a few hours up in the loft this weekend searching through paperwork (twas a tad warm up there)

I still don't have conclusive proof of when the last payment was made though.

 

I did find the stuff Cap1 sent when I did the CCA request back in early 2008

(don't think it was the first request),

 

they sent back a Form 4405 application certificate and generic copies of default notices with no dates, names or account numbers on.

 

I seem to recall they also sent a copy of their current T&Cs.

 

They didn't ever send a copy of the CCA.

 

I have done the Acknowledgement of Service on line and have drafted a copy of the 31.14 Request citizenB kindly provided

and will send it tomorrow my only concern is that the address I have is a PO Box,

I want to get it registered and signed for so I'm not sure what to do.

 

Does anyone have an alternative address for Sharp Young and Pearce LLC in Nottingham?

[citizenB]

Is that the address they give on the claim form, Steve ?

 

This is the address of their offices, from their web site - is it the one they show on the claim form ?

 

Sharp Young & Pearce

6 Weekday Cross

Nottingham

NG1 2GF

[steve1963]

Yes po box is what's on the claim form, I found their website too but didn't want to send it to the wrong address.

[steve1963]

Sorry to clarify. Sharp Young and Pearce LLP, PO BOX 7347, Nottingham, NG1 5ZZ is the address that is on the claim form.

[steve1963]

Sent the request today fully trackable to the head office address.

[citizenB]

Sent the request today fully trackable to the head office address.

 

Print off the receipt from the Royal Mail website once it is available.

[steve1963]

Done a screen shot will that do? Or would I be better off printing it?