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

[BRIGADIER2JCS]

Either will do.

[steve1963]

Ok good. I guess the 7 days expires on Wednesday coming and I am not expecting much to turn up so I guess this then starts playing out in set moves, what's my next play?

[steve1963]

Nothing arrived today so what do I do next?

[steve1963]

Still nothing today.

[steve1963]

Still nothing today either, can someone please advise on my next move.

[BRIGADIER2JCS]

Have you checked the date received?

 

 

 

 

 

 

 

 

 

 

 

17

Edited August 2, 2013 by BRIGADIER2JCS

[steve1963]

Yes it was tues before last.

[steve1963]

Sorry it was Wednesday which makes it the 24th.

[citizenB]

Did you acknowledge the claim online by the 30th July ?

 

You have until 13th August to submit a defence.

 

Did we establish when your last payment was made to the account ?

[steve1963]

Yes acknowledged the claim online and no I cannot be certain of last payment.

[steve1963]

Still nothing from Lowells, can someone advise on what to do.

[steve1963]

Hi, still nothing from Lowells, defence has to be in by 13th so getting a little anxious now. Can someone please advise on my next step.

[steve1963]

Call out to citizenB or BRIGADIER2JCS, can you please advise.

[citizenB]

Just reviewing thread.

[citizenB]

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.

 

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

 

 

Ok, well if this were me, I would be submitting something along the following lines.

 

Defence

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

This probably needs to be padded out slightly, so I will ask other ST members to look in on you. I think you have until the 13th August to submit, so don't start panicking just yet

[steve1963]

Ok, thank you.

[steve1963]

Errrr, I know you said not to panic but the defence needs to be in the day after tomorrow. Can anyone add to what citizenB has written?

[BRIGADIER2JCS]

Errrr, I know you said not to panic but the defence needs to be in the day after tomorrow. Can anyone add to what citizenB has written?

Stat barred is the full defence no more to said really.

[steampowered]

The Defence could be padded out a bit as follows. The most important part is still the allegation that the debt is statute barred.

 

1. It is admitted that the Defendant entered into an Agreement with Capital One. The Defendant did not enter into any Agreement with the Claimant.

2. The Claimant's claim is a claim in contract and is statute barred under section 5 of the Limitation Act 1980. In excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The Particulars of Claim are denied with regards to the Defendant owing any money to the Claimant and the Claimant is put to strict proof to:

(a) show service of a valid Default Notice and proof of delivery

(b) show how the Claimant reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to bring a claim under Section 136 of the Law of Property Act 1925 and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[citizenB]

There you go, Steve.. steampowered has responded to S.O.S

[steve1963]

Nice one! Thank you all for your help, I'll be sure to update with any progress or result.

[citizenB]

[steve1963]

Letter came today from Northampton court saying my defence had been received and forwarded to Cap1s solicitors, they have 28 days to respond. I also checked Noddle today and the default has gone.

[BRIGADIER2JCS]

Letter came today from Northampton court saying my defence had been received and forwarded to Cap1s solicitors, they have 28 days to respond. I also checked Noddle today and the default has gone.

Progress at last Steve!!!

[steve1963]

Yes indeed, good stuff. I guess it's still a bit of a waiting game to see if they contest my defence though. I still haven't had anything in response to my CPR request not even an acknowledgement.