Lowell Portfolio Ltd

[jimbo1283]

Hi everyone,

I'm after a bit of help please. Lowell Portfolio Ltd has issued a claim against my Mum for an account with capital one.

The claim was issued on 11th Feb

The particulars of claim are:

"the claimants claim is for the sum of 348.74, being monies due 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 ********
and assigned to the claimant on 19/06/2007,
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 348.74
The claimant also claims statutory interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to 27.89"

I have filed an acknowledgement of service for her, sent a CCA letter to Lowell and have sent a cpr 31.14 letter to Bryan Carter Solicitors askng for the documents they have mentioned.

We received a letter from the solicitors yesterday which said,

"We write further to your letter dated 22 February 2015 requesting disclosure under Part 31 of the Civil Procedure Rules.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing the defence.

As you will be aware a claim was issued in this matter on 11 February 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court.

We recommend you seek independent legal advice."

What are my next stages? I assume that because it has not been allocated they still have to comply with the CPR rules?

I have not yet received a response to the CCA from Lowell.

Any help in this is greatly appreciated.

Many thanks
James

[MIKE770]

Re: Lowell Portfolio Ltd

correct - usual missive from them

[nemesis45]

Re: Lowell Portfolio Ltd

Carters letter is RUBBISH!! What may or may not have been supplied in the past is not relevant!!
CPR31.14 is applicable as the claim has not been allocated to a track., demand in writing that Carter complies within 7 days.

Just an addition check credit reference files to see what shows, the default date/start date could throw some light on the actual age of the account.
If no entry shows it may well have been removed on the 6th anniversary of the default date.
Try Noddle online it's free, Equifax and Experian have 30 day free trials, (just cancel as soon as you have the report otherwise you will be signed into a subscription.)

nem

[jimbo1283]

Re: Lowell Portfolio Ltd

Thanks for the quick responses.

I have found a letter on this site...

Your name
Your address
Your postcode
Date
Claimants name
Claimants address
Claimants postcode
Dear Sirs,
Claim No: xxxxxxx
Claimant v Defendant
Request for documents mentioned in a statement of case under CPR 31.14
Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.
With regards to your assertion that ”we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a written statement that you agree to an extension of 28 days to the date for filing my defence as allowed under CPR 15.5.
If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.
Yours sincerely
Your Name

Is this ok to send back to them? Do I need to include anything else in it.
Again thanks for the help

[nemesis45]

Re: Lowell Portfolio Ltd

Yes send it, use signed for post nothing more is needed.

nem

[FlamingParrot]

Re: Lowell Portfolio Ltd

Hi everyone,

I'm after a bit of help please. Lowell Portfolio Ltd has issued a claim against my Mum for an account with capital one.

The claim was issued on 11th Feb

The particulars of claim are:

"the claimants claim is for the sum of 348.74, being monies due 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 ********
and assigned to the claimant on 19/06/2007,

Do you know when she last made a payment to Crap One or anyone else?

If the debt was assigned in June 2007, she'd have defaulted a lot earlier than that. If no further payments were made, this would be statute barred on Feb 11th when the claim was issued.

[jimbo1283]

Re: Lowell Portfolio Ltd

Thanks for the advice.

I don't think she has made a payment in a very long time to it. Certainly not since it has defaulted. I'm with her later today so will set up the noodle account to view the credit file. Will this show when a last payment was made. Or if its been so long will it not even be on the credit file?

Regards Carters we've had another letter back.

"We write further to your letter dated 27 February 2015 requesting disclosure under Part 31 of the Civil Procedure Rules. We refer you to our letter dated 25 February and reiterate its contents.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is the original creditor's policy to issue the agreement at the start of the contract and statements throughout the duration of the account.

In this regard, our client is not agreeable to an extension for filling the defence.

A claim was issued in this matter on or around the 11 February 2015 and we are in receipt of your Acknowledgement of service and note your intention to file a defence.

We recommend you seek independent legal advice"

Also to date we have had nothing back from Lowell from the CCA request. Sent on 22nd Feb

What are the next stages needed to take. The page I got the previous letter from mentions the need to apply for an order to make them disclose the information. Is there anything I need to do in particular with this and what is the best way to go about it.

Also what do I do about the fact that Lowell have not sent any information back regards the CCA request?

Again thanks so much for all the help with this

[MIKE770]

Re: Lowell Portfolio Ltd

more of the usual crap from Carters

[FlamingParrot]

Re: Lowell Portfolio Ltd

I don't think she has made a payment in a very long time to it. Certainly not since it has defaulted.

That's great news, it is SBd :high5:
It if was ASSIGNED in June 2007, that means it was defaulted BEFORE that date, that means SBd nearly a year ago. :whoo:

I'm with her later today so will set up the noodle account to view the credit file. Will this show when a last payment was made. Or if its been so long will it not even be on the credit file?

No, the last payment date won't be recorded in the file and defaults drop off after six years so it shouldn't be there at all.

Regards Carters we've had another letter back.

"We write further to your letter dated 27 February 2015 requesting disclosure under Part 31 of the Civil Procedure Rules. We refer you to our letter dated 25 February and reiterate its contents.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is the original creditor's policy to issue the agreement at the start of the contract and statements throughout the duration of the account.

In this regard, our client is not agreeable to an extension for filling the defence.

A claim was issued in this matter on or around the 11 February 2015 and we are in receipt of your Acknowledgement of service and note your intention to file a defence.

We recommend you seek independent legal advice"

Bog standard template response from BC. This is our usual response to that one: http://www.legalbeagles.info/forums/...385#post410385

As an observation, it would be physically impossible for Mr Carter to know the original creditor's policies, since their clients buy debts from a number of creditors, from various dates and different credit products. That's top grade BS!

[FlamingParrot]

Re: Lowell Portfolio Ltd

Also to date we have had nothing back from Lowell from the CCA request. Sent on 22nd Feb

That's fine, no need to chase that one.

What are the next stages needed to take. The page I got the previous letter from mentions the need to apply for an order to make them disclose the information. Is there anything I need to do in particular with this and what is the best way to go about it.

There's probably no need to apply for an order in this case, if there's been no payments since 2007, a SBd defence could be submitted. SBd is an absolute defence. :thumb:

Also what do I do about the fact that Lowell have not sent any information back regards the CCA request?

Again thanks so much for all the help with this

See above, basically nothing! :ranger:

[jimbo1283]

Re: Lowell Portfolio Ltd

Ive been looking more on here. Seems like they don't do a very good job a lot of the time. How do they get away with it all?

Anyway. Checked her credit file with noodle and nothing is showing on there at all regarding this debt? She has no idea when she last made a payment to them other than thinking it was to Capital One. Unfortunately she has a tendency to bury her head, which in this case probably a good thing.

How can I check for certain when the last payment was made. The CCA request hasn't been responded to and Carters are plainly not planning on sending me out any paperwork. That's if they have any at all.

Out of interest shouldn't they make sure that the paperwork is all there and in order before bringing a claim?

[jimbo1283]

Re: Lowell Portfolio Ltd

With regards the statute barred defence do I need to rite to Carters and Lowells first or just file the defence?

Would this be ok, i've found it on another thread here.

1: I received the claimxxxxxxxxx from the Northampton County Court Business Centre on 15th February

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

5. The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

6. The Claimants statement of case states that the account was assigned from Capital One to Lowell on 19/06/2007. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 25th February 2005 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors (Attached Item 1) . I requested the Claimant provide copies of the [Agreement, Default Notice, Notice of Assignment and Statement of Account] .

9. Bryan Carter Solicitors has not sent any of these documents to me. Their response is Attached Item 2.

10. On the 25th February I sent a formal request for a copy of the original agreement to Lowell Portfolio Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request that the claim be struck out. If the court is not mined to do so I respectfully request that the court orders the Claimants solicitors to provide the documents requested by way of my initial request under Part 31 of the Civil Procedure Rules.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[jimbo1283]

Re: Lowell Portfolio Ltd

One other question, if this claim was issued on the 11th is my deadline for filing a defence tomorrow as this would be 28 days?

[nemesis45]

Re: Lowell Portfolio Ltd

Defence is good to go.

nem

[Kati]

Re: Lowell Portfolio Ltd

One other question, if this claim was issued on the 11th is my deadline for filing a defence tomorrow as this would be 28 days?

It is 28 days from date of receipt or 33 days from date of issue for you to file your defence. You can check your dates using this site - http://www.timeanddate.com/date/dateadd.html
K x