Cowbopper UE Diary

[Joanna Connolly Solicitors]

Thanks Di. Will sit back and hold tight and see what comes next.

Exactly

Di

[cowbopper]

I like the sound of that letter from your SAR to Lowell - definitely keep that safe in case they ever produce a DN which they say is the original when you have evidence from their own records that they noted it's "unavailable".

I love it when that happens

And yes, the advice to do nothing in response to Lowell's 'Letter of Claim' for your ex-Capital One credit card remains the same.

Di

Thanks Di. Will sit back and hold tight and see what comes next.

[Joanna Connolly Solicitors]

Im not sure a DN will be forthcoming. When i SAR'd Lowell for a different debt, they included this one in their response.
There file note on the DN issue just reads "Unavailable - default date is xx/xx/xxx"

Diana Mayhew Is the advice to stay still on this and take no further action, including the SAR to Cap1?

I like the sound of that letter from your SAR to Lowell - definitely keep that safe in case they ever produce a DN which they say is the original when you have evidence from their own records that they noted it's "unavailable".

I love it when that happens

And yes, the advice to do nothing in response to Lowell's 'Letter of Claim' for your ex-Capital One credit card remains the same.

Di

[cowbopper]

Im not sure a DN will be forthcoming. When i SAR'd Lowell for a different debt, they included this one in their response.
There file note on the DN issue just reads "Unavailable - default date is xx/xx/xxx"

Diana Mayhew Is the advice to stay still on this and take no further action, including the SAR to Cap1?

[Warwick65]

I am sure Di will offer better help but I can see two huge errors in the way Lowell have acted

1) Admitted no DN- well unless they can produce one, and assuming you can truthfully tell a court you did not receive one, they have a huge problem. No doubt if it did go to a hearing and if they sent a representative, they would try to get you to admit you had or might have received one (that's what they did with me). I think my (probably not perfect) answer, when told I must have recognised one, was that I knew now what a DN was but back then wasn't so sure and I would have remembered receiving one. I knew for a fact I had received a demand but not a proper S87(1) DN. I kept everything and still have it all.

2) You say they said the CCA request would be sent in separate parts - my understanding was that it had to be delivered together , in fact in Arrow Global v Frost that was argued. Of course the problem is, as soon as you stick that in your defence or WS then they send it all together (if they still have it).


There is someway to go before/if they issue a claim - this might just be turning the thumb screws.

Sorry about my long non-sensical sentences . I have added a bit of punctuation- I get carried away.

[Joanna Connolly Solicitors]

Definitely no surprises. There seems to be a flurry of Letters of Claim being re-sent after a summer of inactivity.

Here's your initial post as a reminder of the backstory >

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.
09/11/2020: Letter of claim recieved

(I've just received your email )

Di

[cowbopper]

Letter of claim received today for debt 1. No surprises there.
Diana Mayhew Are you happy for me to share a scan with you? :-)
Also, should i still be pursuing a SAR with cap 1? im mindful, this was your advice some months ago, but haven't progressed because of the signature issue.

[Warwick65]

Oh Cap 1/ Lowell and no DN- how very familiar. Let's hope they do not produce a compliant DN

[cowbopper]

Hello

Have you received a new Letter of Claim from Lowell? If so email it to me.

Don't send anything with your signature on to anyone at this moment in time.

Di

No letter of claim as yet. So far I’ve received the Notice of Acting from Lowell Solicitors.

[Joanna Connolly Solicitors]

Some advice needed on Debt 1 (Crapital One now owned by Lowell Portfolio 1 Ltd).

They've decided to have another go at the litigation route, passing the account yet again to Lowell Solicitors for action.

Hello

Have you received a new Letter of Claim from Lowell? If so email it to me.

Don't send anything with your signature on to anyone at this moment in time.

Di

[cowbopper]

Some advice needed on Debt 1 (Crapital One now owned by Lowell Portfolio 1 Ltd).

They've decided to have another go at the litigation route, passing the account yet again to Lowell Solicitors for action.

Last time around, I responded to the LBA asking for various docs (17/12/19).
I received mostly what I asked for in April 2020 (no copy of default notice included or anything beyond the first 2 pages of statements)

In June, i sent a SAR to Cap One and they rejected the request "we require an original signature to match our records"



I'm certain they wouldn't have a copy of any signature as the original application would've been completed online

What is the best way to proceed? I'm just conscious of sending documents out with signatures that could be lifted.

Diana Mayhew I seem to recall in a phone call with you that i ought to get the SAR from C1 prior to doing a CCA with Lowell to ascertain C1 data in relation to the default notice??

As always, massive thanks to the brains on here

[cowbopper]

but always keep paperwork just in case

Absolutely. Everything is filed. The CRA does show the account as satisfied in November 2014, so hopefully it never resurfaces.

[Joanna Connolly Solicitors]

but always keep paperwork just in case

I agree

I wonder if that indicates that although Lowell have closed the account they may have unassigned it back to Creation who could assign it to another debt purchaser.

I'm not raining on your parade, I'm suggesting you don't bin the paperwork just yet, just in case.

Although having said that, if the debt is unenforceable then it's unenforceable despite who owns it

Di

[The Tech Clerk]

but always keep paperwork just in case

[Joanna Connolly Solicitors]

Lowell who had added a default last year to a creation CC that was several years old, have confirmed they cannot service the CCA request, and have as such closed the account. The TransUnion file entry deletes all reference to Lowell and the Default and reverts to Creation

I wonder if that indicates that although Lowell have closed the account they may have unassigned it back to Creation who could assign it to another debt purchaser.

I'm not raining on your parade, I'm suggesting you don't bin the paperwork just yet, just in case.

Although having said that, if the debt is unenforceable then it's unenforceable despite who owns it

Di