Capital One - March 2006. Is this enforceable?

[nanna58]

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

I think its the month after the last payment so November as TC says.I would also go to ground and keep schtum xxx

[soldier1]

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

Just to say I am in a similar position with regards to a Capital One agreement, last payment made in November 2009. The assignee is Cabot in my case and many months ago they stated that they would be contacting the oc but this was not in response to any recent action by me.
A long time ago I did state that there were prescribed terms missing from the agreement

[rockwell]

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

Received a strange letter from Lowell this week informing me Cap One sold the account to Lowell as they were unable to recover the outstanding balance! This was because Cap One did not have my up to date address?? Lowell's letter continues to say they have used the services of a credit agency to locate me and could I confirm the details they hold are correct!

What are they on? They've been hounding me for a couple of years yet this letter ounds like we are starting the whole process again. In any event the more confused they are the better as only 10 weeks to SB.

[The Tech Clerk]

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

sit on it

[DoubtingThomas]

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

Hi R
If I had received that, I would have interpreted it as a rather nasty way to get me to write to them, and it would become an acknowledgement of a debt in their view.
Totally agree, sit on it, as TC says.
You and I both know they are on shaky ground - (go back a few years!)- and they may well be looking for a new opener.
DT

Perhaps they want to come and steal your doorstep.......

[rockwell]

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

Thanks DT, I thought the same! if this is the case it seems fairly crude to say the least.

[nanna58]

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

Don't let um have your doorstep , phishing I think x

[rockwell]

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

Another inane letter from Lowell advising they can assist me with a sensible repayment plan!

I'm still a little confused on SB'd. Last payment on this was 2nd week October 2009. No acknowledgement or payment since that date. The card was used end Oct 2009 for a very minor purchase so I'm guessing I should calculate from the next missed payment which should have been made 2nd week Nov 2009. Hopefully end Dec 2015 should see me home and dry, Am I correct in this or can I calculate from the first missed payment? .

[Never-In-Doubt]

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

Another inane letter from Lowell advising they can assist me with a sensible repayment plan!

I'm still a little confused on SB'd. Last payment on this was 2nd week October 2009. No acknowledgement or payment since that date. The card was used end Oct 2009 for a very minor purchase so I'm guessing I should calculate from the next missed payment which should have been made 2nd week Nov 2009. Hopefully end Dec 2015 should see me home and dry, Am I correct in this or can I calculate from the first missed payment? .

Thats about right. Yes.

The thing is some DCA's don't acknowledge SB correctly and we've got a couple of cases in court to resolve this issue. basically, some argue that they can issue a DN at any point, which creates a new cause of action which in turn resets the SB clock. Obviously that's taking the piss - the Act was never designed to allow a creditor to prolong SB indefinitely.

We argue the Cause of Action occurs at the first possible point that the creditor is entitled to terminate which is approximately a month after your first missed payment.

In your case that equates to official SB being approx mid December 2015.

[rockwell]

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

That's great Niddy, many thanks!

Lowell's last two letters appear to be treating me as a new customer, despite the fact they are using the original a/c reference number from date of purchase. If they continue I'll send them a CCA request in a couple of weeks or so and start the whole process again!

[Never-In-Doubt]

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

That's great Niddy, many thanks!

Lowell's last two letters appear to be treating me as a new customer, despite the fact they are using the original a/c reference number from date of purchase. If they continue I'll send them a CCA request in a couple of weeks or so and start the whole process again!

Nooooo - don't do that

if they threaten - let me know

[rockwell]

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

Nooooo - don't do that

if they threaten - let me know

Definitely will do, won't do anything without posting first!

[rockwell]

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

Received a "payment due; We're here to work with you" letter from Lowell. Err....no thanks! I particularly like this: "Contact us today to experience our service first hand"

They still appear to be treating me as a newbie!

[nightwatch]

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

Lowell has missed outwith me, because of their new way of defining SB,
a default of mine was put on my credit file dated 2008, but I was paying reduced payments till 2012, account bought by Lowell aug this year, I sent SWID letter and had reply that, because of the age of the debt they realise that it is SB and have closed the account

I just hope when the appeals are won they don't reopen it xx

[DoubtingThomas]

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

Appeals, Nightwatch?
DT