Oakfieldboy Diary

[oakfieldboy]

Hi Roger

Yes Niddy suggest blagging this

[Roger]

Did Niddy suggest blagging this?
The Diaries are full of those who blagged especially where the CCA pre 2007..
There are many legal reasons why a Debt is UE.
I should wait and see what Lowell's next move is!

[oakfieldboy]

[LIST][*]Type of account: Credit Card[*]Date commenced: February 2004[*]Approx balance: £7000.00[*]Date last paid Last Full payment in January 2008. Reduced Form February 2008[*]Are you on arrangement or not paying: Currently paying £1.00 per month[*]Status: Account Defaulted December 2007[*]Account owner : Was Capital One now Lowell

CCA request sent.

CCA received from Lowell will scan to team
Niddy says Credit agreement is enforceable
25/03/2018 Payment stopped SO Cancelled.

[oakfieldboy]

[QUOTE=oakfieldboy;n1509398][QUOTE=oakfieldboy;n1508624][LIST][*]Type of account: Credit Card[*]Date commenced: February 2004[*]Approx balance: £7000.00[*]Date last paid Last Full payment in January 2008. Reduced Form February 2008[*]Are you on arrangement or not paying: Currently paying £1.00 per month[*]Status: Account Defaulted December 2007[*]Account owner : Was Capital One now Lowell

CCA request sent.

CCA received from Lowell will scan to team
Niddy says Credit agreement is enforceable
25/03/2018 Payment stopped SO Cancelled.

[oakfieldboy]

[QUOTE=oakfieldboy;n1508624]

• Type of account: Credit Card
• Date commenced: February 2004
• Approx balance: £7000.00
• Date last paid Last Full payment in January 2008. Reduced Form February 2008
• Are you on arrangement or not paying: Currently paying £1.00 per month
• Status: Account Defaulted December 2007
• Account owner : Was Capital One now Lowell

CCA request sent.

[LEFT][COLOR=#FF0000][FONT=&amp][SIZE=13px][FONT=&amp][SIZE=13px]CCA received from Lowell will scan to team
Niddy says Credit agreement is enforceable
25/03/2018 Payment stopped SO Cancelled.

[Warwick65]

I really am with Di on this one

Out of all my debts - and there were a lot, this was the one that really worried me because it seemed to an uneducated eye they had what they needed but they didn't. I also must add, it really wasn't just the DN that would have won the case, they were also unable to show just how the debt had accrued

Lowell really are no different to any other debt purchaser ( well they are authorised but that's by the by)

While I can not tell you or even suggest what you should do, I stopped paying in 2012 and they sent the LBA in mid 2016 and the claim form in Feb 2017. Once that happened if at any point Joanna Connolly had thought there was a case they could win then I would have settled with an arrangement .

[Joanna Connolly Solicitors]

If

I stop paying how do I tell them why, or do wait until they reply and see what they say and ignore everything until a claim is issued.

Wait until what claim is issued? You're a long way off getting a county court claim

As I said previously they would have to send you a Letter Before Claim first.

This forum advises members to always wait for the next letter before deciding your next step. So see what they do before you send them a letter telling them why you believe they've got it wrong because that might prompt them to try harder to get it right (e.g reconstitute the correct Ts & Cs etc).

Sometimes a creditor knows in their heart of hearts that the credit agreement is unenforceable, but they hope that you don't know that.

S 78 CCA is for 'information' purposes not 'proof' purposes, so they may think they have got what they need to satisfy your request by sending you information, but they could be a long way off proving the documents they sent you are 'honest and accurate'.

Di

[Joanna Connolly Solicitors]

Not sure if Di is referring to my case which was a 2005 card which Niddy said was enforceable but when we came to trial we did not even get to discuss three or four of the points Joanna Connolly had raised in my defence - The DN was rubbish and the Judge saw that and ruled on that alone - Oh and Lowell had to pay quite a lot of costs as well. Happy days

Yes I was referring to your case which you won

Well yesterday, thanks to Joanna Connolly solicitors and Diana Mayhew with a little help from Tom Brennan I soundly beat Lowell is a claim for £5200 in the small claims court. Not only did we beat them but we also got costs for their unreasonable behaviour in continuing with a 'hopeless' case and the 'unintentional' misleading of the court by their representative at an earlier hearing.

The issue was decided on one thing alone and that was that no default notice had been served on me , not just a bad DN but no DN. They were unable to even produce a recon just an template DN with insert name here etc on it.

Tom did not even get to argue that the dates they claimed it was served on did not tally with the SAR I had sent to Cap 1

Neither did he get to argue an illegible credit agreement or a defective assignment or non compliance with S78(1)

All in all a good day for me and a bad one for Lowell

Link to thread > https://www.all-about-debt.co.uk/for...k65-1-lowell-0

Di

[Joanna Connolly Solicitors]

If I stop paying, Lowell would issue a claim as Lowell does not take any prisoners. I can`t afford to get a CCJ.

This is your Capital One debt assigned to Lowells..

If you stop paying and Lowells decide to issue a claim then they have to follow the Pre Action Protocol process which was introduced on 1st October last year (2017). You should be sent a Letter Before Claim giving you 30 days to reply during which they shouldn't issue a claim against you while they deal with your response.

It'll be an oppotunity for you to ask them to produce documents such as the Default Notice etc.

If you carry on paying Lowells they may still decide to issue a claim - paying is no guarantee they won't issue a claim.

However issuing a claim is also no guarantee that they'll win in court as Warwick has posted

Di

[Warwick65]

The credit agreement may be ‘enforceable’ but that doesn’t necessarily mean the debt is enforceable in court.

There are many other reasons why a debt can be unenforceable such as assignment issues, unlicensed debt owner, non compliance with various statutory notices such as the Default Notice or failure to serve an annual Notice of Sums in Arrears etc etc.

We recently won a case against Lowells for an old Capital One credit card where the DN was flawed so the DJ dismissed their claim without the need to consider the credit agreement.

Was there PPI on this account?

Di

Not sure if Di is referring to my case which was a 2005 card which Niddy said was enforceable but when we came to trial we did not even get to discuss three or four of the points Joanna Connolly had raised in my defence - The DN was rubbish and the Judge saw that and ruled on that alone - Oh and Lowell had to pay quite a lot of costs as well. Happy days :-)

[The Tech Clerk]

Talk on phone to Diana M details in her post get a better picture of situation

[oakfieldboy]

Niddy said the Lloyds is UE because the

terms weren’t those that came with the card.

If

I stop paying how do I tell them why, or do wait until they reply and see what they say and ignore everything until a claim is issued.

[oakfieldboy]

Niddy said the Halfax is UE because it was delivered by courier.

If I stop paying the £1.00 a month do I let them know why I am stopping the payment and is there any other threads to read about the agreement being delivered by courier so I can understand the process I am likely to go through.

[Roger]

Definitely no PPI on account.

How would I find and understand this information, If I stop paying, Lowell would issue a claim as Lowell does not take any prisoners. I can`t afford to get a CCJ.

You have to do your homework.

Even though you are only paying a minimum per month this wouldn't prevent Lowell from Suing you!! So it really is in your interests to do your homework here!

There is the paper work that you may or may not have and that held by the Original Creditor.

A SAR sent to the Capital One will give you what they have or hold or NOT (and hence enforceable or Not) especially now that Lowell have supplied a S 78 because they would have asked Capitol One and this should show on the SAR!!

Assignment? another area to look at.

This is an pre-2007 Credit Card look in the Diaries here to see how others have handled Capitol One CCA's

Could start by Blagging to Lowell and send a Missing P/T's letter!!

[oakfieldboy]

Definitely no PPI on account.

How would I find and understand this information, If I stop paying, Lowell would issue a claim as Lowell does not take any prisoners. I can`t afford to get a CCJ.