Capital One - March 2006. Is this enforceable?

[DoubtingThomas]

Re: Capital One - March 2006. Is this enforceable?

Hi Rockwell - I am wondering why Lowells keep putting a hold on things for thirty days. If they are going to bang someone, it seems rather evasive, unless there are reasons why they must re regulations?
Has happened to me three times, and you seem to have it regularly too. Bit odd. Wonder if a miracle is going to happen?
DT

[nightwatch]

Re: Capital One - March 2006. Is this enforceable?

they put things on hold while they ask clients to look for things that sometimes don't exist, it is just a general term for "don't know what to do yet, let's hang on and see if we can scare them"

some people can't wait to see if they have found anything, so they write to ask if they have,they sometimes give them more information then they should,

let them put it on hold they are helping you waste their time xx

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Like most people here my aim is to extend this up to the SB date. My aim is to avoid a CCJ, although ultimately not a huge problem! I don't respond to all of Lowell's letters, only the ones I consider to be important/or threatening.
Considering Lowell have a copy of an enforceable agreement, assignment letter and 28 day DN (no date to comply by on DN but assume the 28 day period is more than enough) then I need to be extra vigilant in case an LBA arrives!

Two possible options to draw this out; A SAR request to Cap One should use up 4-6 weeks of valuable time. I understand a creditor is unable to proceed while this is outstanding.
T&C's; Niddy suggested going through the t&c's and check originals from Cap One against the set sent by Lowell. I'm not sure I have the originals but a SAR should produce these. Obviously I won't do anything unless Lowell up the threat level.

Other than the above I can't think of any other delaying tactic....any comments most welcome!

[PlanB]

Re: Capital One - March 2006. Is this enforceable?

possible options to draw this out; A SAR request to Cap One should use up 4-6 weeks of valuable time. I understand a creditor is unable to proceed while this is outstanding.

A SAR does not prevent a creditor from issuing legal proceedings. It has no impact on them whatsoever other than their obligation to provide the information within 40 days.

Plan B x

[cadwallader]

Re: Capital One - March 2006. Is this enforceable?

Hi rockwell

What I did sucessfully a couple of times was send Lowell another CCA s78 request. Niddy has said you can request again as long as at least a month has passed since the creditor last responded to a request. With Lowell, it took them 2-3 weeks to send the agreement & they put it on hold for 30 days while I sent them my proposals for payment. I sent a missing PT letter just before the 30 days were up and after a week or so they wrote back saying either give them details of what PTs missing or send my proposals for repayment within 30 days.

So, it may not be the same for everyone but it did hold them off for over 3 months (and a second time the same) until I got an admission of SB from them.

I'm sure the site experts will advise if this is a good approach for you or not- please don't take the above as advice, I am not an expert.

Good luck

C

[DoubtingThomas]

Re: Capital One - March 2006. Is this enforceable?

Rockwell - I did the same as Cadwallader, but no missing PT letter ......yet. It does give you a bit longer.
DT

[marypoppins]

Re: Capital One - March 2006. Is this enforceable?

I was given the same advice as a delaying tactic Rockwell, just leave it as long as possible to draw out your SB target.

I've only got another 4 weeks!

You can do it too!

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

PlanB....Thanks, not sure where I heard this misinformation regarding SAR. Definitely not on here!

cadwallader: Sounds like good advice, thank you. DT & MaryP, sounds like you're both well on track. Keep in touch!

Best wishes, R.

[panther12]

Re: Capital One - March 2006. Is this enforceable?

I managed to get quite a few 30 days on hold from Lowells, each time replying towards the end of the 30 days with more complaints and receiving another "on hold while we investigate". In the end they wrote it off.

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

A perfect example of why this site functions so well, sound pragmatic advice!

Thank you everyone!

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Just checked the T&C's originally sent by Cap One against those forwarded by Lowell. Largely the same except the numerical indexing differs...still attempting to grasp the proverbial straw in order o make it to November!

[The Tech Clerk]

Re: Capital One - March 2006. Is this enforceable?

any updates?

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

any updates?

Hi TC, nothing since a rather stroppy letter from Lowell 3rd week May 2015 advising they have investigated my "complaint" and found no basis whatsoever for dispute etc and this would be their final response. They also stated they may take legal action. I have not responded to their letter.
Last payment made on this was early October 2009, although the card was used for a small purchase end October. Other than this no payment or acknowledgement since....am I correct in assuming SB will kick in end November 2015? I'm keeping my head down at present but a lot could happen in 14 weeks!

[rockwell]

Re: Capital One - March 2006. Is this enforceable?

Hi TC, nothing since a rather stroppy letter from Lowell 3rd week May 2015 advising they have investigated my "complaint" and found no basis whatsoever for dispute etc and this would be their final response. They also stated they may take legal action. I have not responded to their letter.
Last payment made on this was early October 2009, although the card was used for a small purchase end October. Other than this no payment or acknowledgement since....am I correct in assuming SB will kick in end November 2015? I'm keeping my head down at present but a lot could happen in 14 weeks!

TC - forgot to add Lowell's letter in mid-May gave me 30 days to respond, perhaps I should have sent them a missive!

[The Tech Clerk]

Re: Capital One - March 2006. Is this enforceable?

last purchase October 2009, so if that is the last acknowledgement then November no payment? so the cause of action would start when payment not made? sure others will verify also, if Lowells contact let us know with what contents of letter is?

If after all this time not heard lay low, but if they chase soon let us know?