Dealings with Lowell

[Angry Cat]

Re: Dealings with Lowell

Okay, just been back through your thread and it seems that Capone were the original Creditor in April 2000?

Let us not forget that even if Lowell/Capone create a mock credit agreement?
They will not comply with the "Act" and Regs., unless they can provide the Terms and Conditions at inception plus the Terms as varied...

One wonders also, if there was any PPI. CPP or Sentinel Card Protection on the account?
Which of course, will affect the value of the alleged debt as shown on the Claim form!

[Pixie]

Re: Dealings with Lowell

Sorry to hear fo your mum's death (and your exMIL's) alwaysskint. What lousy timing to get a claim, though there's never a good time.

I'm sure AAD will be able to help you with the claim xxx

[Never-In-Doubt]

Re: Dealings with Lowell

Hiya

can you confirm was this YOUR account or your Mums? Reason I ask is you mention offsetting - in what way did that affect this debt to Capital One?

Are you in a position to pay a reduced amount, for example £150 to get them to walk away?

Please clarify?

[Never-In-Doubt]

Re: Dealings with Lowell

Suggest that you request 'Full Disclosure' of all documents that their claim relies upon.
http://www.justice.gov.uk/courts/pro...l/rules/part31?

part 31 doesn't apply. This is small claims and would never be reallocated due to the significantly low balance. Even with a total defence it'd be dealt with at SCC.

I'd suggest settling based on the amount. Why try and defend a £200 debt? With charges and failure to comply with s.78 / s.86 / s.87/88 we could look to settle for around £100-£150 and get rid of it.

[Never-In-Doubt]

Re: Dealings with Lowell

Currently arguing the case of the banks removal of funds from Mum's bank account to repay the bank's own credit card, when there are other debts that need to be taken into account too!

Ahhhh this is a separate issue - you're talking about a current fight where the bank who issued your mums credit card is offsetting from her bank account which they also issued. They can't do this.

The estate must be dealt with properly. Oscar recently beat hsbc with a similar scenario so he may be able to help but all assets usually get frozen until things are clearer.

[alwaysskint]

Re: Dealings with Lowell

Hiya

can you confirm was this YOUR account or your Mums? Reason I ask is you mention offsetting - in what way did that affect this debt to Capital One?

Are you in a position to pay a reduced amount, for example £150 to get them to walk away?

Please clarify?

Hi Niddy
Sorry, didn't mean to confuse the issue - This is my account, originally Cap One/Lowell's (- The smaller of the original 2 debts.)

I could raise £100-150 if you think it more prudent to do so...?

Thanks Pixie and Angry Cat x

[Angry Cat]

Re: Dealings with Lowell

http://www.aboutsmallclaims.co.uk/ci...ll-claims.html

IMHO, disclosure and inspection of documents still applies.
No individual could be expected to defend without being in possession of documents that the claimants case relies upon!

"List of Documents: Standard Disclosure Form N265

This is a form that accompanies documents that are disclosed by either party, and shows the age of the documents, where they were taken from (e.g. office records) and a description of the documents that are being disclosed. It is very important to comply with the requirement to disclose documents to the court, and this form is accompanied by a ‘statement of truth’ that means that the person disclosing the information is bound to certify that what they are disclosing is true to the best of their knowledge."

[Never-In-Doubt]

Re: Dealings with Lowell

http://www.justice.gov.uk/courts/pro...s/civil/rules/

I don't need a link lol

Ive been in this game too long. It's SCC all the way. If it was reallocated to Fast Track it'd need a bloody good reason. There is no reason. It's straightforward and the value would supersede a judge who would dismiss any request for reallocation based on the low value. He'd demand mediation.

Fact.

[alwaysskint]

Re: Dealings with Lowell

Ahhhh this is a separate issue - you're talking about a current fight where the bank who issued your mums credit card is offsetting from her bank account which they also issued. They can't do this.

The estate must be dealt with properly. Oscar recently beat hsbc with a similar scenario so he may be able to help but all assets usually get frozen until things are clearer.

It is indeed ;-)
I told the bank that that was outrageous and they had no right to do that, especially as I'm still waiting for all monies due in and out to be clarified - overpaid state/personal pension and any overpaid benefits get priority over an unsecured credit card.
The account had been frozen when I went in to close the account with the death certificate, it took them a week to 'close it' completely and they took it out of the balance from the closed account the day they transferred it to the account I became a joint account holder on when Mum was diagnosed.
Pleased to say the probate team have refunded the amount, but 'will be contacting me about the outstanding balance..'. Yeah, fine, go for it... your debt is currently worth 3% of her total outstanding liabilities and the funeral costs have to come out of any balance first!

As a sidenote - I do actually think that going on Mum's account as a joint account holder is what's kickstarted the court thing though, as it's just been letter ping pong all this time lol
I also received a letter from Tax credits saying I was under investigation as they now believe I have a partner lmfao.... )

[oscar]

Re: Dealings with Lowell

Alwaysskint

We'll keep the two issues separate, so leave this as thread as your fight with lowells.

Obviously the other issue is more sensitive, and not really for the forum

Could you email me (or PM) and I will help get this sorted. Will need in first instance, the amount that was owed/taken, the balance of the account (prior to offset) and TOTAL amount of other debts. Name of bank would also help.

[alwaysskint]

Re: Dealings with Lowell

Alwaysskint

We'll keep the two issues separate, so leave this as thread as your fight with lowells.

Obviously the other issue is more sensitive, and not really for the forum

Could you email me (or PM) and I will help get this sorted. Will need in first instance, the amount that was owed/taken, the balance of the account (prior to offset) and TOTAL amount of other debts. Name of bank would also help.

Thanks Oscar, but no need, managed to get that one sorted with the probate team x

[oscar]

Re: Dealings with Lowell

Thanks Oscar, but no need, managed to get that one sorted with the probate team x

No problem.

However, from your post above, DWP also come second in the queue.

The first bill to be paid is obviously the funeral bill. If there is no estate left, then everyone can jump. If there is, they all have to wait until the amount is finalised.

[Angry Cat]

Re: Dealings with Lowell

I don't need a link lol

Ive been in this game too long. It's SCC all the way. If it was reallocated to Fast Track it'd need a bloody good reason. There is no reason. It's straightforward and the value would supersede a judge who would dismiss any request for reallocation based on the low value. He'd demand mediation.

Fact.

The link was not for your benefit but for that of the OP!

[Never-In-Doubt]

Re: Dealings with Lowell

The link was not for your benefit but for that of the OP!

ooops

[PlanB]

Re: Dealings with Lowell

Issued 10th Feb
Particulars:
Amount of £215.15, assigned in March 08 - over the phone
Notice of which has been given - Don't ever recall there being anything in writing... Payment was arranged on a monthly card payment, which expired so I set up a STO or DD (can't recall which)
failed to maintain contractual repayment - ceased payments due to no CCA supplied
Default notice served and not been complied with - ? Received and responded to merry go round of letters from various 'claimants' Hamptons, Fredricksons, Red etc, don't recall seeing a default notice though but if sent since November they could have done

Amount claimed 232.38, plus court fee of 25.00, solicitor of 50.00 so total amount 307.38

Remind us to remind you to do your Acknowledgement of Service (27th Feb deadline?) even though the intention is to settle this claim. You'll get more time and negotiating leverage if you do that.