Tweet
have Capital One Credit Card (less than £500) never had copy agreement - last payment Sept 2008 so in essence statute barred. Copy of agreement suddenly retrieved by Lowell - copy statements show my £1 CCA fee as payment in November 2008 - the letter I sent with it said "... not be used for any other purpose...." so they say my last payment was November 2008 and not September 2008 - should I send SB letter as Lowell are demanding payment. many thanks
-
-
Re: CAPITAL ONE - STATUTE BARRED
Hiya,
Nice one ! I would be surprised if they did much leg work for a £500 debt to be honest. If they do chase i guess you could use the AAD statue barred template
Good luck.
SA
When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username. -
Re: CAPITAL ONE - STATUTE BARRED
Ignore it. This is Statute Barred. They are trying it on.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
Originally posted by SA Gold View PostHiya,
Nice one ! I would be surprised if they did much leg work for a £500 debt to be honest. If they do chase i guess you could use the AAD statue barred template
Good luck.
SAOriginally posted by Enforcer View Post
Emmm If it were me I wouldn't ignore it ....I'd send the letter SA suggested ...........
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
send the SB letter, they are (lowell) trying to pull a fast one,
Quite a few people on here are getting these letters just lately from lowell, they are just after someone falling for it so they can have an extra sausage roll with the bovril at the Christmas doI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
if you do it today and you like it you can always do it again tomorrow
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
I would say you need to let Lowells know you are not falling for their BS. They have been issuing court claims on some pretty dodgy statute bared debts lately.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
Yep.... nip it in the bud now ......could save you a lot of hassleI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
sent SB letter - they have replies saying my last payment was 26th November 2008 but this was craftily applied to my account - it was the £1 fee and I stated "not be used for any other purpose..." so they are saying it's not SB and I am still liable. I have copy CCA letter to prove this was not a £1 payment but the fee..." anyone help with wording of a reply please - thanks they say after next 7 days collection activity will continueComment
-
Re: CAPITAL ONE - STATUTE BARRED
So this will be SB in 13 day's time ?I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
I would be tempted to ignore the letter and see what they try,
or you could send a copy of the CCA letter from 2008 and highlight the part that says the £1.00 is for the CCA only,
for example
Dear loblel, FINAL RESPONSE
I reply to the tosh that you have recently sent regarding the alleged account with the above ref.
I draw your attention back to my last letter in which I clearly pointed out that the alleged account is SB .
your legal department must have someone new in their advice team as you can see from the enclosed letter, which you will note is a CCA request, dated xx/xx/2008 and clearly states that the £1,00 enclosed is the fee for the CCA and cannot be used for anything else. ie; cannot be applied to decrease any alleged debt.
I therefore stand by my claim that the alleged account is SB
now I suggest that you contact the xmas party department and tell them it's Aldi not Harrods for the Fizz and nibbles this year.
love ♥and kisses xx
traveller
PS if you someones secret santa I'd get knitting now xx
don't send it till 1st DecI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
So by their own admission the debt will be SB in thirteen days (even though you know it's likely to be an earlier date). As long as they don't issue proceedings on or before 26th of this month they're stuffed (that's a legal termOriginally posted by TRAVELLER View Post
) . Imagine producing that letter from them as an exhibit to the court 
It's a tough call but maybe a response is not a bad idea. If it was me I would ask a question so that they will have to reply to you. That should kill a few more days to be on the safe side (their self-confessed SB date). Maybe you could say something along the lines of "I did not make a payment to my account in November 2008. Please will you send me evidence/proof of your declaration/assertion/claim which I believe to be untrue".
After that you can have the argument about the £1 CCA fee (in a follow-up letter) but there's no need to reveal all your cards at once since your mission is to get to the finishing line (26th November according to them) without a claim being served on you.
Keep 'em talking
I'm not giving you advice, I'm just telling you what I would do to string out the correspondence passed the 26th November.
If you ignore them they may ignore you and press the MCOL button.Last edited by PlanB; 13 November 2014, 23:17.Comment
-
Re: CAPITAL ONE - STATUTE BARRED
I was thinking along these lines and I appreciate your thoughts. I will write its on hold for 7 days so is it best to wait a few days before I ask the question ??Comment
-
Re: CAPITAL ONE - STATUTE BARRED
yep longer you string them along the better xI'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
Comment