Capital One - March 2006. Is this enforceable?

[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!

[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!

[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?

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.

[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!

[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

[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

[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

[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!

[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

[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

[rockwell]

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

Hi PlanB, thank you for looking at this.

Not at home at the moment but from memory I sent CCA request to Cap One in late 2009.
CCA request sent to Lowell in Dec 2014.
Exactly the same docs received on both occasions (list of transactions and T&C's received from Lowell)

Niddy suggested a little bit of blagging so sent missing prescribed terms letter to Lowell early 2015. Response received from Lowell stating "we are investigating your complaint etc"
Letter from Lowell May 2015 stating fully investigated and no grounds for upholding complaint. All correct documentation sent including CCA, assignment letter etc. Lowell would hold off for 30 days but then may take legal action. Nothing received since May 2015.

Last payment made mid Oct 2009 and no payment or acknowledgement since then. I'll check dated tonight and confirm if all this is correct! Really appreciate your help on this!

[PlanB]

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

Letter from Lowell in response to my "complaint" They appear to confident to the extreme on this! Also enclosed were copy CCA, T&C's and statements. Niddy has already said this is enforceable.

1. Cap One sent CCA in 2009
2. Lowell sent same a few months ago
3. Lowell sent assignment letter 2014.

"We consider debt due and owing and requirements of the CCa 1974 fully satisfied etc etc" We may now take legal action but meanwhile expect you to make payment arrangements etc.

I've not been following this thread but I've just noticed your post from 20th May ^^^^

Did you reply to Lowells and if so what did you send?

If your last payment was September 2009 the debt should be statute barred in October (3 months to go) so it would be good to keep the conversation flowing to pre-empt a last minute summons inside the limitation deadline, especially since you say this debt has been declared enforceable.

I know you say they re-sent a CCA etc in May but was it exactly the same one as you were sent before (which you showed to Niddy) or was it different?

And when did you last send a formal s.78 CCA request - wasn't there one to Lowells in October 2014?

Plan B x

[The Tech Clerk]

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

No doubt a 50% offer letter lot nearer the time maybe????

[DoubtingThomas]

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

Hi Rockwell
The silence is deafening- any news?
DT