Help with Lowell please

dc070667

Wife is being harrassed by Lowell for a Capital One debt, that has now gone from £200,to £400 with court costs.


Debt is over 9 years old.After being advised.I have sent them a total of 3 Statue barred letters.One by recoded delivery.


They totally ignore them all .They dont even acknowledge recieving them.


Wife recieved an Officiall Court document like the OP has recieved.I filled it out with a letter telling the Courts the debt is over 9 years old,In that time the wife has never acknowledged the debt.And would contest the debt under the Limitations act.Also the fact that she does not even recall ever having a Capital One Credit Card in her name.That she could be the victim of identity theft.


Anyway Northampton County Court responded promptly,Said they had reffered it back to Lowell.


Lowell not giving up that easy, have just today sent another debt letter.This time with a County Court mediation Letter attached.Asking my wife to tick all the boxes they suggest to mediate,Even though there is no optionm because they have alrready typed "X" in to their prefferd choices.


Is this just a copy of their letter ?,should my wife excpect one as well ?.Or are they coming it ?


I noticed they put "0" where they say witnesses going to Court inculding their self.Also said they intend not to produce any hand writing expert.


These people are like a Dog with a Bone.


Any advice by resident experts will be much appreciated.


My wife is also disabled and a Blue Badge holder,No way can she get to Northampton.

sourcrates

Hi,


We move posts if we think they will get more help elsewere, so i have moved your post to a new thread.


Thanks.

GothicStirling

You don't need to go to Northampton, you can request your local County Court.

I know what you are going through, I'm defending against Lowell for a Provident Loan I haven't acknowledged in 7 years.

Have you not received a letter from Northampton about allocation to Small Claims? It is from them you should get a letter about mediation, not Lowells.

fatbelly

If it's statute barred, there is nothing to mediate. You just need to get it to a court hearing at your local court where the judge will make a decision on it.

Just_Di

dc070667 wrote: »

Wife recieved an Officiall Court document l. . . . I filled it out with a letter telling the Courts the debt is over 9 years old,In that time the wife has never acknowledged the debt.And would contest the debt under the Limitations act.Also the fact that she does not even recall ever having a Capital One Credit Card in her name.That she could be the victim of identity theft.

Anyway Northampton County Court responded promptly,Said they had reffered it back to Lowell.

Lowell not giving up that easy, have just today sent another debt letter.This time with a County Court mediation Letter attached.Asking my wife to tick all the boxes they suggest to mediate,Even though there is no optionm because they have alrready typed "X" in to their prefferd choices.

Is this just a copy of their letter ?,should my wife excpect one as well ?.

Receiving a court claim is always horrid. Try to tell yourself it's not personal, your wife is just a reference number included in a portfolio of accounts containing thousands of debts which Lowell purchased.

From what you say you wrote to the court on her behalf which they appear to have accepted as her Defence (did she sign it?).

As a result the court will have sent that Defence to Lowell telling them that they have 28 days to inform the court if they intend to continue with the proceedings or the claim would automatically become stayed (a pause button).

It appears that Lowell may have written back to the court and sent them a completed Directions Questionnaire, and they've also served a copy of their DQ on you/your wife. That's why you'll see boxes already with "X" in them. "X" doesn't mean "No" to Mediation, it means "Yes" on a form.

Your wife should soon receive the same form to complete from the court. If it's not completed by their deadline, her Defence may be struck out and the Claimant (Lowell) will get a CCJ against her. So it's important to send that form back on time.

If you also put "x" in the box for Mediation you will be given the opportunity to have free telephone Mediation arranged by the court. You don't talk direct to the Claimant/Lowell it's all done by an independent third party (not a lawyer) who goes back and forth over the phone in an attempt to reach a mutual understanding. It can be a good way to settle things without getting a CCJ.

The only thing I feel you need to think about is how to get across the argument that the debt is Statute Barred having not been paid for nine years, while at the same time saying she never had an account with Capital One and could have been the victim of identity theft. It's difficult to argue the latter having admitted the former.

In case the SB argument isn't accepted, I would line yourself up with another legal argument as backup.

My suggestion is to send a s 77-79 CCA Request to Lowell which renders the debt unenforceable in court unless or until they can produce the credit agreement within 12 + 2 working days. If they can't/don't comply then they may be more willing to back off and Discontinue the claim.

Di