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  • Cowbopper Debt 1

    • Type of account Capital One credit card
    • Date commenced March 2010
    • Approx balance 1088
    • Date last paid DMP payment 7/6/18. Last Full payment approx March 2013
    • Are you on arrangement or not paying: Not paying
    • Status (default/in arrears/up-to-date)
    • Account owner Lowell Portfolio 1 Ltd

    2/3/10 Account opened
    09/2013 Account defaulted
    2013 – 2018 payments made via stepchange
    7/6/18 Last payment made via stepchange
    10/6/19 Cap 1 advise of change of ownership to Lowell portfolio 1 ltd (balance of 1088.97)
    24/10/19 Annual statement from lowell
    21/11/19 Lowell Solictors send notice of acting
    30/11/19 Letter of claim received
    17/12/19 response to letter requesting documents
    20/12/19 Confirm receipt of response to Pre action letter. The letter includes
    • Notice of assignment
    • Notice of acting
    26/02/20 Account update: Advise client is continuing to compile a response
    27/3/20 Account update: Advise client is continuing to compile a response
    21/4/19 Lowell have provided:
    • a copy of the agreement;
    • statement from the original creditor, which they advise will arrive in parts because of size
    • No default notice was included, and they confirm they are unable to obtain a copy. They confirm the account defaulted in September 2013.
    they ask in their response letter, my intentions.

  • #2
    send copy agreement to:- webmaster@all-about-debt.co.uk un redacted for checking
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Was the credit agreement sent to you in response to you ticking a box on the Letter of Claim reply form and a request for documents, or did you send Lowell a formal s78 CCA Request together with the £1 statutory fee?

      Di
      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Originally posted by Diana Mayhew View Post
        Was the credit agreement sent to you in response to you ticking a box on the Letter of Claim reply form and a request for documents, or did you send Lowell a formal s78 CCA Request together with the £1 statutory fee?

        Di
        Ticking the box on the claim form, I didn’t do a s78 request

        Comment


        • #5
          Sadly that agreement looks good to me. But it's got huge black block-outs and hard to zoom in so being honest It may have errors but without a physical copy in front of me I just can't read it right.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #6
            Thanks, i didnt imagine the agreement would be an issue so much. I am wondering what impact their inability to provide a copy of the original default notice has?

            Comment


            • #7
              Originally posted by cowbopper View Post
              I am wondering what impact their inability to provide a copy of the original default notice has?

              Without evidence of a compliant Default Notice being served on you the debt ought to be unenforceable in court.

              Lowell will know that since we (Jo) beat them in court in the case of Warwick65 despite them having the credit agreement

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                Without evidence of a compliant Default Notice being served on you the debt ought to be unenforceable in court.

                Lowell will know that since we (Jo) beat them in court in the case of Warwick65 despite them having the credit agreement

                Di
                That's interesting to know, thanks. Whats my next play, are there template letters or anything appropriate, as im assuming my next step is to tell Lowell I have no intention of paying because of the lack of default notice?

                Comment


                • #9
                  Originally posted by Diana Mayhew View Post


                  Without evidence of a compliant Default Notice being served on you the debt ought to be unenforceable in court.

                  Lowell will know that since we (Jo) beat them in court in the case of Warwick65 despite them having the credit agreement

                  Di
                  We did indeed beat them. Lowell had a problem in that they could not produce the original DN, they could not even produce a compliant reconstituted one. That was of course because they hadn't sent one which was shown on the SAR . The SAR said they had sent a notice of default for what was the full amount. The Judge didn't even listen to any arguments about the agreement or other notices, it was no DN no claim. Oh and costs to boot.

                  Like you, I was in a debt management plan and although Cap 1 registered the default with the credit agencies, they forgot to issue a formal S87 (1) DN


                  Am I correct in thinking there has been no claim yet .... it might be worth sending a formal S78 request off

                  Comment


                  • #10
                    Lowell have not made a claim as yet, only the pre action part. Is there a benefit to doing a s78 if I’ve had everything the s78 would usually provide?

                    Comment


                    • #11
                      Originally posted by cowbopper View Post
                      Lowell have not made a claim as yet, only the pre action part. Is there a benefit to doing a s78 if I’ve had everything the s78 would usually provide?

                      Yes.

                      Since your CCA Request (sent by email with no statutory fee) is invalid legally speaking.


                      Originally posted by cowbopper View Post

                      Ticking the box on the claim form, I didn’t do a s78 request


                      I've replied to your email and hopefully we will speak tomorrow.

                      Di
                      Legal Disclaimer

                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment


                      • #12
                        Originally posted by cowbopper View Post
                        im assuming my next step is to tell Lowell I have no intention of paying because of the lack of default notice?

                        Definitely don't do that or Lowell may try harder to source or 'reconstitute' one.

                        Send a SAR to Capital One to establish whether a DN was ever issued.

                        Hold off sending a formal s78 CCA Request to Lowell for the moment in case they try to improve/complete their response to your reply to their Letter of Claim documentation (we have now spoken).

                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment

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