SETTLED: Lowell / Cap One / Bryan Carter Solicitors

[dannyski]

Received a claim? Yes
Issue Date: 11-6-2014
Amount approx: £400
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: Capital One

Particulars of Claim: Just the original account number

Stat Barred? No

Have sent: AOS and Defence

Other Info:
I'll try and be straight to the point (not being rude)
-I had a Cap One card, £200 limit late 2011
-I fell into financial difficulties early 2012
-I wrote to Cap One several times, no response and they just kept adding charges
-It went to DCA's (Fredricksons/Red/Hamptons/Lowell) and I made offers of payment in writing but asked that the charges from the point that I informed Cap One about my financial difficulties be removed. Not that it mattered as none of them wrote back.
-Bryan Carter issued CCJ in June on behalf of Lowell

Now, I know I have this debt and I am prepared to pay it - I always have been, but I have argued that the £130 in interest and charges (on a £200 debt) were unreasonable. I have always written and offered £250 to settle the debt, but being a full time student this would have to be in installments - I never recieved a reply.

-I have never received an assignment letter about the debt, so I don't think it is legally Lowells to chase?
-I receive a statement email from Capital One every month.

Any advice on how to deal with this would be greatly appreciated.

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

Hi Danny and welcome to the forum,

As this is quite a recent debt it is likely they will have the paperwork but it is still worthwhile requesting more information under the Consumer Credit Act, as well as under CPR for the notice of assignment as you dispute ever having had one. Also there is doubt over their ownership of the debt as you still get statements from Capital One.

Did you keep copies of letters making offers of payments? as that should also help as you tried to sort it out well before court action was necessary.

So acknowledge the claim, tick intend to defend in full, send a CCA request and a CPR 31.14 request for the notice of assignment, and default notice if it is mentioned in the particulars of claim ( you put '' Particulars of Claim: Just the original account number '' I assume there was slightly more than that in the POC ???

Hope that helps

Sharon


1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[dannyski]

Re: Lowell / Cap One / Bryan Carter

Hello and thank you for your prompt reply.

The POC only included the account number - should there be anything else included? (I will scan a copy when I get home).

I have copies of all the letters - I very quickly found that the DCAs only wanted to deal with the matter over the phone - I never once received a reply to a letter.

Who should I send the CCA to? Capital One (who I believe still own the debt) or Lowell or both?

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

Who is the claimant on the court claim? If Lowell send the CCA request to Lowell, the CPR request goes to the solicitors handling the claim.

THE POC should say something like '' Claimant claims payment of the overdue balance from the defendant under a contract betweent the defendant and HSBC Plc dated on or about the 27.01.2005 and assigned to the claimant on 20/2/2013 in the sum of £xxxx.xx''

[dannyski]

Re: Lowell / Cap One / Bryan Carter

Ah yes, the POC is on there, it's above where it says "particulars of claim:"

[dannyski]

Re: Lowell / Cap One / Bryan Carter

Ah problem, I cannot complete a CPR request as the case has already been allocated to the small claims track. Does this mean I have no way of knowing if the debt was actually assigned? Does it matter that they never informed me?

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

So you have already entered a defence based on interest and charges? Did you mention all the letters? Did you partially admit and offer instalments?

[dannyski]

Re: Lowell / Cap One / Bryan Carter

My defence reads as follows:

"I do not believe Lowell Portfolio are not the creditor and
therefore have no legal basis to make this claim. No
sale/assignment letter has been received and the debt is still the
care of Capital One. I have attempted to resolve this matter on
numerous occasions but have being unable to do so due to unfair
terms."

When I say 'unfair terms' I refer to the interest and charges added after I informed them I was in financial difficulties as well as the DCAs only wanting to communicate over the phone (and thus ignoring my letters) as well as the multitude of different companies who were contacting me making it impossible to know who to deal with.

What do you think?

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

It has the main points in, Lowell will have to produce the assignment notice to take it further. You may need to amend at that point but see what they come back with. Have you had the n180 directions questionnaire yet?

[dannyski]

Re: Lowell / Cap One / Bryan Carter

Great - are they likely to supply the assignment letter of their own accord or will it be a case of waiting to see if its in the 'evidence' before the hearing?

I completed a 'Directions Questionnaire' but all it asked for was my contact details and if I wanted to use mediation - which I of course said yes to.

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

The court will hopefully order it off the back of your defence. If not and they go straight to a hearing you state you need it to show they have any rights over the debt.


You've sent the CCA off now haven't you?

Mediation wise, you'll be saying the same, you haven't been given any documents to evidence they own the debt etc, and it will most likely not go further than that.

[dannyski]

Re: Lowell / Cap One / Bryan Carter

That's very helpful, thanks. Yes the CCA has gone today.

[dannyski]

Re: Lowell / Cap One / Bryan Carter

Update: Capital One have responded on the 12th day with a letter asking me to prove my identity by sending a copy of my drivers license or passport - I assume they are well within their rights to do this and there is no danger in giving them this information?

[Amethyst]

Re: Lowell / Cap One / Bryan Carter

No they aren't entitled to do that and it is just a stalling tactic.

Who did you send the CCA request to?

[dannyski]

Re: Lowell / Cap One / Bryan Carter

I sent a CCA to both Capital One (who have replied with an ID request) and also Lowell who have not replied...