Cowbopper UE Diary

[The Tech Clerk]

Just banked mine

[cowbopper]

Just banked mine

Im trying to work out what its for?? Is it because they never responded to my SAR or because they lumped accounts together and sold them on like that. I have no idea.

[The Tech Clerk]

No they have Been sending out to masses they have been informed bad service collections etc for a few decades I wonder if FCA etc are investigating ??? As once they do something later events are brought into open results of any investigation. ???? Many of us have had 2 cheques £25. & £50

[Joanna Connolly Solicitors]

The loveliest New Years Gifts today...... A County Court claim received for this account today (account 1 - Capital one with lowell). Copy sent to Di

Words fail me. How cruel and heartless of Lowell to issue a claim knowing it would probably arrive during the Christmas and New Year bank holiday period.

I've received your email and replied.

I'm reposting the debt history below to remind me of the story so far - especially the bit about Lowell admitting the DN is not available

As a bit of background, I was made redundant in 2012 and we very quickly fell into persistent arrears around 2013. Defaults were issued and we entered into a DMP in 2013 but this was cancelled by Stepchange in 2018 . . . and a massive thanks to Di for getting me started.

1. CAPITAL ONE CREDIT CARD

Date commenced March 2010
Approx balance 1100
Date last DMP payment June 2018.
Last Full payment approx March 2013
Default: September 2013
Account owner: Lowell Portfolio 1 Ltd
Notes: Lowell sometimes send letters which also include debt 2.
ACTIONS:
Send S.78 after receipt of SAR


03/03/2018: Cap 1 Statement of activity
18/07/2018: Cap 1 We have not received your DMP payment letter
03/09/2018: Cap 1 Statement of activity
03/09/2018: Cap 1 Please contact us letter
10/06/2019: Cap 1 advise of change of ownership to Lowell portfolio I ltd
10/06/2019: Lowell welcome letter
25/06/2019: Lowell please contact us letter
10/07/2019: Lowell please contact us letter
25/07/2019: Lowell Assessing your account for legal action letter
27/08/2019: Lowell Pre Legal Assessment letter
24/10/2019: Lowell Annual Statement
21/11/2019: Lowell Solictors send notice of acting
30/11/2019: Lowell Solicitors Letter of claim received
17/12/2019: Lowell Solicitors response to letter requesting documents
20/12/2019: Lowell Solicitors Confirm receipt of response to Pre action letter. The letter includes copies of: Notice of assignment and Notice of acting
26/02/2020: Lowell Solicitors Account update: Advise client is continuing to compile a response
27/03/2020: Lowell Solicitors Account update: Advise client is continuing to compile a response
21/04/2019: Lowell Solicitors 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 advise the account defaulted in September 2013
15/05/2020 SAR sent to Capital One
05/06/2020: SAR request denied, cap1 request 'original signature' and copy of id
17/08/2020: SAR sent to Lowell (incidentally included as part of request for debt 2)
24/08/2020: SAR in progress
03/09/2020: SAR received from Lowell.
23/10/2020: letter from Lowell advising that they are sending account to Lowell Solicitors and enclose notice of acting from same.
03/11/2020: Text Re letter sent
09/11/2020: Letter of claim received
28/11/2020: Text from Cabot re:Contact
30/12/2020: County Court Claim Recieved

Di

[cowbopper]

Receive a goodwill cheque from HSBC on Saturday. Today from Cabot, relating to the same account, a 9 days to contact us or we'll send someone round your house threatagram. Arse and Elbow come to mind.

[cowbopper]

Words fail me. How cruel and heartless of Lowell to issue a claim knowing it would probably arrive during the Christmas and New Year bank holiday period.

I've received your email and replied.

I'm reposting the debt history below to remind me of the story so far - especially the bit about Lowell admitting the DN is not available





Di

Absolute parasites

[Joanna Connolly Solicitors]

Absolute parasites

Lowell may be parasites, but they're not very clever parasites if they issue a claim when they know the DN is "unavailable" and you have evidence of that which was sent to you in response to your SAR to them

Di

[ca71]

Lowell may be parasites, but they're not very clever parasites if they issue a claim when they know the DN is "unavailable" and you have evidence of that which was sent to you in response to your SAR to them

Di

Can their conduct be considered bullying and/or vexatious if they pursue a line of action that is bound to fail? Is there any recourse, do you think?

[Joanna Connolly Solicitors]

Can their conduct be considered bullying and/or vexatious if they pursue a line of action that is bound to fail? Is there any recourse, do you think?

I doubt their conduct would be considered as bullying, but if they lost the case and their claim were to be dismissed due to the absence of evidence (required compliant documents) then they would be at risk of the DJ making an order for costs against them even in the Small Claims Track.

Di

[cowbopper]

I doubt their conduct would be considered as bullying, but if they lost the case and their claim were to be dismissed due to the absence of evidence (required compliant documents) then they would be at risk of the DJ making an order for costs against them even in the Small Claims Track.

Di

Well, let’s hope this is the case.

It is madness that they can make an unsubstantiated claim, on the hope that the poor defendant in a case is either clueless or hopeless.

Defence is being submitted today, so will keep my thread updated as to progress.

[Joanna Connolly Solicitors]

make an unsubstantiated claim, on the hope that the poor defendant in a case is either clueless or hopeless.

That’s exactly why they do it, sadly.

Di

[cowbopper]

Diana MayhewJoanna Connolly Great News. With no documentation in place, and no consistency in what they did have, Lowell have officially discontinued their claim. Big Thanks to everyone who’s supported, especially Di and her crew at Joanna Connolly.

[Timewilltell]

Another fine day at the office!!

[The Tech Clerk]

Lowell discontinue a few reported lately. God one for you

[Joanna Connolly Solicitors]

Diana MayhewJoanna Connolly Great News. With no documentation in place, and no consistency in what they did have, Lowell have officially discontinued their claim. Big Thanks to everyone who’s supported, especially Di and her crew at Joanna Connolly.

We're always happy to help

In this case Lowell didn't exactly help themselves when the SAR response they sent you noted that the DN was unavailable which made me smile when I read that in your Diary post.

Your New Year's Eve was spoiled because they chose to issue the claim during the Christmas Bank Holiday period - but may I wish you a belated Happy New Year now that they have made a tacit admission of defeat before even going into battle. A Discontinuance is a *WIN* in my book.

Di