Capital One - March 2006. Is this enforceable?

[rockwell]

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.

As I'm effectively blagging this I need to consider my next move carefully as I may be running out of options! SB'd in 6 months end November!

[DoubtingThomas]

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

Glad you put this answer Niddy - it sort of answers my question at the end of this thread:
RED/Hampton/Lowell - Support Group

Lowells seem to be running out of things to say to me in their letters, and mine have become reduced to one-liners in reply.
Still waiting for the threats of imminent excommunication though. Last year Rockwell and I were neck and neck with C One and are sort of with Lowells.

My mantra at present is, if in doubt, send a CCA.
DT

[Never-In-Doubt]

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

Lowell's were known to issue lots. I announced last year they'd be ceasing - it's because we (and others) found them easy to get wiped hence they made a business decision to stop last August so you won't see many now.

I heard of a law firm taking on an unqualified person as they were good at getting them set-aside. Ermm no. Anyone could do it. However it'll be interesting to see if they stay employed now that SD's have dried up. You'd presume not.....

I love the banter.

[rockwell]

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

One thing I've noticed from reading posts on here is the number of SD's issued by DCA's seems to have tailed off, has there been a recent change in legislation on this? Maybe it's easier for them to use County Courts as the preferred collection method.

In any event, my strategy on this is to follow Niddy's advice and blag all the way until year end if possible.

[DoubtingThomas]

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

so relative calm then....
I have had a couple of weird letters re mine, and a few other odd things happen;not sure what to make of them. Can't ignore, but can't really answer either.
Let me/us know when you stop being investigated. There are times when I would like to be a fly on the wall to see what/how/if they actually do, and listen to the phone conversations.
Then again, perhaps not.....
Take care
DT

[rockwell]

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

Hi DT, good to hear from you. I'm in the "we are dealing with your complaint category"! I'm sure their next communication will state they have investigated fully and normal collection activity will resume asap. Will keep you posted!

[DoubtingThomas]

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

Hi Rockwell
Any update/movement on this at all?
DT

[rockwell]

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

Many thanks for your help TC, Lowell's letter is exactly the same as post 9 with a half-assed complaint procedure on the back!

Good idea regarding a diary, will try and complete before the w/e.

[The Tech Clerk]

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

RED/Hampton/Lowell - Support Group



Item 9 same as your response, so suggest you start your diary there as well as we can keep up to date with Lowells missives??

[rockwell]

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

Letter received from Lowell in response to my legal action threat letter. "We are taking your complaint seriously and will investigate fully etc etc"

No complaint from me, simply a response to their threat of legal action advising I will vigorously defend. i wonder what's next!

[marypoppins]

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

The 6th year is as stressful as the 1st year!

If Carters/Shoesmiths are taking over, let's hope they take there time to get files and decide how to proceed.

[rockwell]

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

Received an auto generated response from Lowell to my missing prescribed terms letter....shortly followed by yet another 30% discount offer! Nothing yet following my legal threat response letter. Niddy has advised those of us with Lowell a/c's to be vigilant as they are currently handing bundles of a/c's over to Carter / Shoesmiths etc.

8 months to go until SB'd kicks in on this!

[rockwell]

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

Another Pre Legal Assessment letter from Lowell, this time a bit more venomous....we know where you live, we checked your credit file and you are capable of paying etc.

They have chosen to ignore both my recent responses, missing prescribed terms / legal threat. Think I'll write back suggesting they read my letters, also that their latest missive is misleading and riddled with inaccuracies.

I'm sure Niddy is correct when he said this is enforceable but he did suggest there may be a chink in their armour regarding T & C's. The T&C's they have attached in response to a CCA have pre agreement 05 2005 on the bottom of first page....may be irrelevant!

[marypoppins]

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

CCJ you have 28 days to pay before registration takes place?

Well spotted TC it's very easy to miss these things when you read them!

[rockwell]

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

Just saw your post in diary section. I'll send Deepie's suggested letter on Monday. I'll keep you informed of any updates.

Good luck!