Capital One - March 2006. Is this enforceable?

[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?

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!

[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?

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.

[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?

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?

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?

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.

[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.

[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

[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?

Hi Rockwell
The silence is deafening- any news?
DT

[The Tech Clerk]

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

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

[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

[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!