Lowells/BW claim form - old Cap1 card 'debt'***Claim Struck Out***

[moonlandings]

Hi all,

I haven't been on here for a long time, as I thought my debt problems had gone away.

. Until today that is,

 

I have been sent a county court claim form from Northampton. County court

the claimant is lowells,

they are claiming for an old capital one credit card debt,

this was an original debt of about £150 lowells are claiming for £389.90.

 

This debt was way back in May 2006,

so I'm guessing that they shouldn't be able to get a county court judgement against me?

 

The forms look real enough but I was going to phone the court on Monday to see if it is actually a real claim.

 

There is no court stamp on the claim form it just has a picture of a crown in a circle with the wording 'the county court'.

 

The court phone number is given as 0300 123 1056.

I don't want to call this number and start discussing the case if this is a "fake" form

and I actually end up talking to lowells themselves.

 

Any help or ideas on this matter gents and ladies?

Many thanks in advance for all and any help.

Regards

Moonlandings

[divadeb]

I would go on the Northampton County Court website and check there contact details, there should be a list of telephone numbers for various departments. I had a letter from them a few years ago and it was like the one your describing.

[Sidewinder]

Sounds like a genuine claim through Northampton CCBC - the phone number is for the CCBC anyway and the stamp is exactly as you describe. If it is an N1 form containing a response pack then it almost certainly is. You should also have instructions on how to log onto MCOL, so you need to do that ASAP which will confirm the authenticity of the claim details. Log on, acknowledge the claim, leave the Jurisdiction box blank and tick that you will be defending the entire claim. Get a CCA request off to Lowell and a CPR 31.14 letter to the solicitor.

 

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

 

And follow the instructions and post the responses back here

[dx100uk]

thread retitled and moved to legal forum.

 

 

dx

[moonlandings]

Ok gentlemen thank you all for your speedy responses.

 

Sidewinder, is there a link to the cpr 31.4 letter to send to their solicitors.

 

Just to give you all a bit more info this debt was a capital one card,

the credit limit was £250, but I had to pay £50 to get the card.

 

There was a disagreement with capital one regarding a payment I made.

 

The claim was issued on the 7th July 2016 so I need to get my finger out,

 

I intend to dispute the amount of the claim against me.

 

Moonlandings

[dx100uk]

cpr 31:14 in the legal section of the library

 

remember don't sign anything

 

i'd get the ack [AOS] done on mcol tonight if I were you.

[moonlandings]

Dx100uk thanks for your reply' I have just been online and done my acknowlegment of service.

 

I will update this thread as it happens, so to speak,

 

I will get the template letters sorted on Sunday and get them posted on Monday.

 

On the AOS part online,

I asked for 28 days to prepare my defence,

was that the right thing to do?

Again many thanks

Moonlandings

[dx100uk]

that's std

you have a total of 33 days from the date on the claimform

whereby that date is day one of the count.

 

theres a link in post 3

you need to complete that please

 

dx

[moonlandings]

Hi all, just a quickie, how much is the CCA request? Is it still £1.00

I will update this thread as I'm off work from Tuesday Si I can get the paperwork sent off.

 

Dx100uk, I will complete the link on Tuesday evening.

Many thanks

Moonlandings

[dx100uk]

Read the CCA request clicklink!!

[moonlandings]

Dx100uk thank you for your reply,

I'm just off to post the letters to lowells and their solicitors,

when I get back I will edit the form using the method you have suggested

( I'm working on an iPad so have to use their version of word called 'pages'

 

Many thanks

Moonlandings

[dx100uk]

ofcourse you have edited the CCA and CPR before you've sent them?

particularly the CPR?

[moonlandings]

Dx100uk yes, I edited both letters to suit my particular circumstances.

 

 

I also left the po blank and uncrossed, with a note on the back stating that the money was not to be used towards any alleged debt.

 

 

Strangely enough, today I received a letter from BW legal acting for lowells,

telling me I had a claim against me,

and offering me a payment plan if I called them.

 

I will be editing and posting the questionare later tonight,.

Many thanks

Moonlandings

[moonlandings]

Name of the Claimant ? (Lowell portfolio 1)

Date of issue – (07 July 2016)

 

What is the claim for –

 

 

1 ( the claimants claim is for the sum of £282.94 being monies due from the defendant to the claimant

under a loans, financial services, overdrafts, credit agreement regulated by the consumer credit act 1974

between the defendant and capital one (Europe) PLC under account reference ( leaving this blank for obvious reasons)

And assigned to the claimant on 24/06/2015 notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractural payment under the terms of the agreement

and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8% per annum a daily rate of £0.06 from the date of assignment of the agreement

to 23/06/2016 being an amount of £21.96

 

What is the value of the claim? (£389.90)

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? ( credit card)

When did you enter into the original agreement before or after 2007? ( about 2005)

 

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. ( lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? (No)

Did you receive a Default Notice from the original creditor? ( I don't think so)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? (No)

Why did you cease payments?( dispute over amount owed on credit card)

What was the date of your last payment? ( not to sure, but in 2005)

Was there a dispute with the original creditor that remains unresolved?

( yes, I was never given the opportunity to work out repayments)

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

(I informed them that I was in financial difficulty, but we never worked out a debt management plan)

 

Dx100uk I have now done the formats requested, my answers are in brackets.

[dx100uk]

is that really what the 1st paragraph [1] of their poc says?

 

and who is the sols please

 

are you saying for sure that you def have never paid anything in the last 6yrs?

[moonlandings]

Hi dx100uk yes that's what paragraph 1 says,

 

I put in the bit about the account number left out for obvious reasons,

as I didn't want to put my account ref number in.

 

Yes I'm certain that my last payment would have been in 2005

and I'm absolutely certain I have paid nothing in the last 6years.

 

The solicitors name is BW legal.

[renegadeimp]

Very vague POC. Looks like they're trying to copy Bryan carters old tricks.

[moonlandings]

hopefully this is the claim form

[dx100uk]

I've taken the scan down as it shows pers details.

but Site team can still see it if necessary but it needs redacting [upload

 

as for the letters

there pretty much immaterial now

 

you should have indicated it was statute barred earlier

save the postage..

 

anyway.

 

as its well SB'd

go up on MCOL and file this defence now

 

The following defence is all you need if it is SB

 

 

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

2. The Defendant 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.

 

3.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.

 

4. The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends.

 

job done

should kill their claim dead

[moonlandings]

Ok thanks dx100uk I'm going online now to submit that defence, it will be interesting to see if lowells have any or the correct paperwork from cap one anyway.

Many thanks

Moonlandings

[moonlandings]

Dx100uk, I have submitted my defence online, and printed it off, I will update this thread as things happen.

Many thanks for your invaluable help and guidance.

Moonlandings

[dx100uk]

Ok thanks dx100uk I'm going online now to submit that defence, it will be interesting to see if lowells have any or the correct paperwork from cap one anyway.

Many thanks

Moonlandings

 

Won't matter SB defence is absolute and doesn't rely upon CCA/cpr

[moonlandings]

Good morning all,

recently, and with great help from this forum and its members,

I have been defending a county court claim filed against me at Northampton county court,

 

the claim was over 10 years old so my defence was that it was statute barred,

I filed this defence and then heard no more,

 

I have just come home from working away,

to find that on the 17th August lowells have decided to defend the claim.

It looks like I have been sent a form called N149A notice of proposed allocation to small claims track.

 

The form is asking if I'm prepared to go to mediation or a hearing about the case,

as far as I'm concerned I don't want mediation as the case is statute barred...

 

..I have to be a bit sharpish to submit my form to the court,

as they have given me until the 5th September to submit my form to the court.

 

Any help gentlemen.

 

By the way, on the original defence I filed I also CCA'D lowells and they sent nothing,

so I don't think they have any of the original paperwork relating to the case,

and I asked their solicitors BW legal for anything they had,

and I got 3 yearly consecutive statements of my account.

 

Any help greatly appreciated gents

Thankyou Moonlandings

[Old Cogger]

yes to mediation as it is expected that you co-operate with the system, they will ask 3 questions i.e. haveryou got the necessary paperwork to continue etc if no they will state that there can be no mediation, maybe give more info when 1st received claim from whom who owns it now and as much info as possible??

[moonlandings]

Thanks for your reply old cogger,

 

it is an old capital one credit card debt, that happened in about 2004/5

 

I first received a county court claim on the 14th July 2016

this was from Lowells using BW legal their solicitors,

 

I sent my defence back on the 14 July 2016

( my defence being that the debt was now statute barred)

 

on the 17 August 2016 Lowells and BW legal have sent me forms for mediation.

These have to be submitted to the court and a copy to BW legal by the 5th September.

 

Are you suggesting that I should accept the mediation offer??