Capital One - March 2006. Is this enforceable?

[rockwell]

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

Hi Rockwell has Niddy got back to you yet about the documents?

He's got mine too at the moment and on first glance (via his mobile) he thinks it may be enforceable but was going to inspect it further and let me know.

Unfortunately my news is not good! looks enforceable to Niddy. I'm wondering how to keep this going until October when it becomes SB'd.

As I mentioned before, columns out of alignment, tiny print....surely no financial company would send an agreement out like this. Everything else from their side (Cap One and Lowell) seems in order. The only slight issue is a 28 day DN but everything I read on here suggests this would not be considered by a DJ.

[SXGuy]

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

Just because it's enforceable doesn't mean you can't blag it. I've been doing it for one for nearly 3 years. Just follow the same procedure.

[marypoppins]

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

Unfortunately my news is not good! looks enforceable to Niddy. I'm wondering how to keep this going until October when it becomes SB'd.

As I mentioned before, columns out of alignment, tiny print....surely no financial company would send an agreement out like this. Everything else from their side (Cap One and Lowell) seems in order. The only slight issue is a 28 day DN but everything I read on here suggests this would not be considered by a DJ.

Sounds like we're in exactly the same position, I just keep thinking that I've got this far since 2009 so only a bit further to go.

It's the only time I think 'roll on xmas'!

[The Tech Clerk]

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

28 day DN and the answer would be :- then you had longer to correct position, different if less than 14 days, FSA response

[Seamus]

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

Just because it's enforceable doesn't mean you can't blag it. I've been doing it for one for nearly 3 years. Just follow the same procedure.

What procedure please?

S.

[MrsD]

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

I would send the missing pts letter, you just need to hold them at bay for another wee while, so you just continue as if the CCA was UE

[rockwell]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

[Deepie]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

• I'd send this if it were me
• --------> Threat Received - Litigation Forthcoming

[rockwell]

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

• I'd send this if it were me
• --------> Threat Received - Litigation Forthcoming

Thanks Deepie, will do

[marypoppins]

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

Mine arrived this morning Rockwell!

I had posted another s78 request yesterday so not really sure whether to send a response so will see what advice I get.

[The Tech Clerk]

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

Latest from Lowell; Pre-Legal Assessment letter.

If we decide to use the County Court the process will be as follows; 1. You will Receive a claim form. 2. If you don't pay in 14 days a CCJ will be registered against you. Attachment of earnings etc! They forgot to mention they would have to win the case first!!

They seem to have ignored my missing prescribed terms letter, perhaps they're confident all terms are present. Any advice most welcome.

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

[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!

[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?

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!

[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!