Lowell, capone & Court

Mike1704

Default Capital one, lowell & Court!
All,

I received a court claim from a BW Legal on behalf of Lowell today. This is for an old Capital Oneicon Debt that I ran into issues with. The last payment on that card was 10/2008.

Once lowell had bought the debt, I was paying it off in installments. After a series of events I wasn't able to keep up with these payments and the account has fallen into arreas again hence they have now taken this action.

POCicon...

The claiments claim is for the sum of 628.53 being monies due from the defendant to the claimant under a credit/store card agreement regulated by the consumer credit act 1974 between the defendant and Capital one PLC

Under account ref ****** and assigned to the claimant on 12/08/2009 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not compiled with.

The claim also includes the statutory interesticon pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.08) from the date of the assignment to the date of issue (28/01/2014 being the amount of 130.48.

Called Cap one and they stated the last payment was 2008, but I was paying lowell monthly instalments. I am wondering what options I now have? If anyone could help that would be great.

fatbelly

Mike1704 wrote: »

Called Cap one and they stated the last payment was 2008, but I was paying lowell monthly instalments. I am wondering what options I now have? If anyone could help that would be great.

Basically 2 options:

1. Admit debt and offer payment either in full or by instalment
2. Try to put together some sort of defence based on disputing the balance and/or the cca

I see CAG are helping with option 2

This should help with option 1

Factsheet | Replying to a county court claim form

We're all assuming you're in England/Wales. Let us know if that's not true.

furcone8330

Hi

I am new to this and haven't got a clue what i am doing. I could really do with some advice as i have received a N180 form, from Northampton bulk center last Thursday, and i am not too sure how too reply to it.
To cut a long story short i previously received a N1 form stating i Lowell had request a CCJ against me for a debt i apparently took out in 2007 which i do not recall.
I replied back to the court that i didn't acknowledge the debt and explained that i have sent the claimant a request to supply me proof. I sent letters to Lowell and BW legal recorded requesting them to send me CCA etc i've gave them around 45 days to reply and haven't had know acknowledgement to say they have received my request for a CCA. Only that there client intends to continue with the claim. When i spoke to NCCBC they said that the claimant had not got back to them in gthe required time and that the claim was stayed and that the next step was for me to fill out the N180 form this is all really confusing to me as i don't know where i go from here any advice would be much appreciated.

M:mad:any thanks

fatbelly

The N180 is the Directions Questionnaire that replaced, and is much simpler than, the old Allocations Questionnaire.

What question are you struggling with?

You can agree to mediation (though it'll be a waste of time), put your local court and agree to the small claims track. There is no fee for you as you are the defendant.

Stewart_78

So when did you make the last payment on the account? Regardless of who you paid it too? If it's nearly 6 years ago, this is their last attempt before it's statute barred. Why not CCA them and play for time? Dispute the debt. You have the legal right to do this.