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Thread: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicitors]

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  1. #1
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    Default Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicitors]

    1- Received a County Court Claim from 'Lowell Portfolio I Ltd' for an old Capital One credit card account.

    2- 'Acknowledgement of service' was submitted on time.

    3- Posted (Recorded) CCA request to Claimant (Lowell Portfolio I Ltd) with £1 postal order. No response as yet (49 days).

    4- Posted (Recorded) CPR request to Lowell Solicitors. No response as yet (49 days).

    5- Filed my defensed and mentioned of no response to my CCA and CPR requests.

    6- Lowell Solicitors have lodged a Directions of Questionnaire. Which says 0 'witnesses, including yourself will give evidence' at D3 on DQ form.


    I need help with following,
    1- The Capital One account is Statue-Barred. I made last payment to Capital One in January 2010. Should I send a Statue-Barred letter to the Claimant?

    2- There is no response to CCA and CPR requests, how am I suppose to prepare my defense for court hearing?

    3- DQ filed by claimant's solicitors says 0 witnesses attending court hearing. Does it mean there will be no one to represent them?

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    Can someone please advise on above?

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    What was the defence that you filed? Wasn't that centred on being statute barred?
    If you are sure this is statute barred then that is an absolute defence in itself.

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    How much is being claimed?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    No I did not mention of Statue Barred in the defence .

    I mentioned that I've not received any documentation in response to my CPR and CCA request to enable me to assess my position.

    - - - Updated - - -

    Quote Originally Posted by charitynjw View Post
    How much is being claimed?
    £4010 including court fee and legal costs.

  6. #6
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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    I would wait for the court to send through a court date and see if you get a witness statement and/or any documents from the claimant before applying to amend your defence. Once documents have come through you can apply to amend because you now have documents and subsequent investigation shows the debt is statute barred. Have you sent off your DQ ?

    Yes the 0 means they don't intend on attending the hearing.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    It wouldn't do any harm to chase the CPR request,(by post with proof of posting).

    Do not chase the CCA request; while they are non-compliant, they cannot enforce the claim.

    But in any event, @Amethyst 's opinion above is good. (As always).

    Stick rigidly to the court's timetable & any instructions the court issues.

    & to echo Ame - have you dealt with your Questionnaire?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Claim for Statute-barred debet [Capital One : Lowell Protfolio : Lowell Solicito

    Quote Originally Posted by Amethyst View Post
    Have you sent off your DQ ?
    Yes I've.

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