Lowell Portfolio/ Cap one Claim issued

[crockie]

A while ago now, my husband received a Claim form issued by Lowell in respect of an old Cap One debt.

 

I acknowledged receipt and the submitted defence at last minute - using standard haven't got a cue what your talking about defence. We had received no paperwork in respect of this for a couple of years or more.

 

The amount they are claiming is less then £400 and to be honest I thought they would just go away as in often the norm with Lowell/Bryan Carter.

 

We agreed to go through with a mediation call, however that never happened as they called the day that we were going away.

 

Then received letter from court to say that they had advised that Bran Carter must produce all docs by a given date or they would dismiss claim. To my amazement they have actually sent some paperwork.

 

As a result I now have until 15/10 to submit a defence again.

 

I have read a zillion threads but I'm lost and would be grateful for some help.

 

Apologies for leaving it until the last minute, I just honestly thought that they wouldn't fight for such a small amount.

 

We have received a copy of an online agreement, a statement of the account, an assignment notice and a letter introducing Lowell. Don't remember ever having seen any of these before. There is no copy of a default notice.

 

I was wondering if I could I some way bring the PPI into the defence. The box has been ticked on the online application - but PPI would have been no use to husband as he was self employed

[Andyorch]

Hi crockie

 

I know we are back tracking a tad...but you need to provide a little history to enable advice on submitting a fully particularised defence.

 

If you could read and post your responses back here to the following link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy

[crockie]

Claimant is Lowell Portfolio

Date of issue : 28/4/15

 

Particulars

The claimants claim is for the sum of £290.26 being monies dye from the defendant to the claimant under an agreement regulated by the consumer credit act 1974

Between the defendant and capital one under account reference xxxxxxxx and assigned to the claimant on 25/7/13, notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with

And the claimant claims £299.26

The claimant also claims statutory interest pursuant to s.69 of the county act 1974 at a rate of 8% per annum from threats of assignment of the agreement to date but limited to a maximum of one tar and a maximum of 1000 amounting to £23.21

 

Value of claim £313.47

Court fee £35

Solicitor cost £50

£398.47

 

Was a credit card account originally

Opened Oct/10 according to paperwork they have provided

 

It isn't the originally creditor, account has been assigned and it is debt purchaser who has issued claim

 

To My knowledge we have never received anything from Lowell in respect of this debt

 

Never had a default notice from any one

 

Original payments fell in to arrears due to financial problems

 

Date of last payment (according to their paperwork) 31/7/12

 

Have never made any payment arrangements with Capital one or Lowell

 

 

Hope I've answered everything

[Andyorch]

Would it be possible to also post the defence you have already submitted?

[crockie]

I haven't got it sorry.

 

Did it all on line and now I can't access it, keeps telling me that the password etc is wrong despite it being right

I just submitted very small paragraph, which I have used before and was originally provided by this forum.

 

I think someone said it was the standard defence when no details had been provided by the claimant 'embarrassed defence' ?

[Andyorch]

Fair enough...okay now you need to upload a copy of what they have disclosed to enable advice on its validity.

[shamrocker]

Was a credit card account originally

Opened Oct/10 according to paperwork they have provided

 

What paperwork is this? Does it tally with your recollection of account opening date?

[crockie]

There is loads sorry.

 

The only noticeable thing I can find is that there is no default notice

[crockie]

More

[shamrocker]

crockie - you need to put those images into a Word document in some sort of logical order and then print to PDF. Upload the PDF then. It is much more readable then.

 

Let us know if you get stuck.

[crockie]

Hi

 

They were in a logical order and some how they have all moved around when I've uploaded them

 

Not sure how I can make them into a different format - I'm using an iPhone lol

[crockie]

I've just clicked n the above thumbnails and the credit agreements that they have sent are in tiny writing and bately readable, exactly the same as above

[shamrocker]

I can read the letter from Carter, so that's a big help.

 

Do the account statements show any default charges - missed payments, admin charges, etc?

[crockie]

Yes they do. I haven't loaded any statements on here yet, there's 13 pages of that as well.

I can't help but think that they have hoped to blind us with paperwork, so we give up and they win

[crockie]

£288 in charges plus PPI

[shamrocker]

Yes, the very immediate response to your defence seems a bit out of character with their usual resistance to disclosing documents.

 

Can you confirm that you have submitted a defence? The above posts, particularly "As a result I now have until 15/10 to submit a defence again." is confusing me a bit. Have you used MCOL to acknowledge the claim and submit your defence?

 

Don't worry about the statements. Could you post a few examples of the charges...amount and reason specified? How many charges can you see in total?

[shamrocker]

£288 in charges plus PPI

 

You beat me to it! ...but you're forgetting compound interest!

[crockie]

Yes I submitted the 'embarrassed defence' standard one that I've used before when no info has been provided by claimant. I thought with it being Bryan Carter they would just go away, with it being such a small amount.

 

They then sent the letter stating that they think they have got a good chance of success and were continuing. The court then ordered them to provide all the info or claim would be dismissed. To my surprise they obliged and the court has now said I have to file my defence again

[crockie]

The charges are all £12

Over limit DE

Late or failure to pay

 

There are several months when both have been applied

 

There is also £41.17 PPI - the credit agreement shows the box ticked but husband was self employed, so eould have been pointless I think

[crockie]

Have now also found the letter from court

 

It says

 

It is ordered that the claim be stayed

By 21/9 the claimant do file and serve a fully particularised claim and with a statement of evidence, annex copies or relevant agreement and notice of assignments. In default the claim is struck out

Pun compliance with the above, the defendant shall byb15/10 file and serve a specific defence addressing issues in dispute. In default the defence of 10/6 be struck out and the claimant be at liberty to enter judgement in default

CPR 3.3 (4)-(6) shal apply

[shamrocker]

Ok, thanks. I'm starting to get the picture now. We need to get to work on this pretty sharpish.

 

It would be useful to see the account statements if you can manage it. I'm busy for the rest of the day will try and help you a bit tonight. Can you still use MCOL to submit the new defence? I would guess that email will also be an option.

 

It's best to let Andyorch have a look at the conversation so far and see what he can advise. I really haven't got much of a clue about writing effective defences, to be honest.

 

Sham

[crockie]

Just nipping out myself now. Will upload them when I get back.

 

Thanks for looking at it so far

 

I will never rest on my laurels with Bryan Carter again lol

[crockie]

Statements

[crockie]

Hmm I'm struggling to upload the statements. They are as above, no real info just printouts

[shamrocker]

Ok..I'm back in the room now. What are your thoughts on taking this forward?