Cowbopper Debt 1

[cowbopper]

• 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.

[The Tech Clerk]

send copy agreement to:- webmaster@all-about-debt.co.uk un redacted for checking

[Joanna Connolly Solicitors]

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

[cowbopper]

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

[Never-In-Doubt]

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.

[cowbopper]

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?

[Joanna Connolly Solicitors]

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

[cowbopper]

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?

[Warwick65]

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

[cowbopper]

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?

[Joanna Connolly Solicitors]

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.

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

[Joanna Connolly Solicitors]

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