Capital One - March 2006. Is this enforceable?

[rockwell]

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

Without checking, original CCA\ sent to Cap One Jan 2010 and last CCA sent a couple of years ago. You kindly checked the original last year and the A/C is enforceable. Last payment.1st November 2009 and no payment or acknowledgement since then.

[Never-In-Doubt]

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

So it should be SB. I'd issue a new CCA as per -> http://forums.all-about-debt.co.uk/s...854#post541854

[panther12]

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

Did they send a termination notice after the DN they sent in feb 2010. Although it shouldn't have any bearing on the CoA for SB we all know that dca's try it on and claim that CoA runs from DN/termination date and while there are some judges that go along with that misconception, if possible it's best to try and get past that date claim free as it cuts out any argument for them to bullshit a judge. So just for certainty, if we base it on termination date will that be sometime in March. If you send a cca request that should eat into the time further.

[rockwell]

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

Did they send a termination notice after the DN they sent in feb 2010. Although it shouldn't have any bearing on the CoA for SB we all know that dca's try it on and claim that CoA runs from DN/termination date and while there are some judges that go along with that misconception, if possible it's best to try and get past that date claim free as it cuts out any argument for them to bullshit a judge. So just for certainty, if we base it on termination date will that be sometime in March. If you send a cca request that should eat into the time further.

Thank you panther, notice of default Section 87 (1) sent on 2/2/10. Statement of default 7/3/10 advising account officially terminated. Shortly after this passed on to a DCA..

[Never-In-Doubt]

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

Send a new CCA. As I suggest - it's way past SB

** have fun

[rockwell]

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

Send a new CCA. As I suggest - it's way past SB

** have fun

Thanks Niddy, will do!


And this is for Lowell!

[PlanB]

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

notice of default Section 87 (1) sent on 2/2/10. Statement of default 7/3/10

I'm not sure what a "Statement of Default" is in legal terms. The precise wording of that letter matters. Was it informing you of their intention to terminate your account with 'one last chance' to put things right? Or was it an official Termination Notice? If the account was terminated prematurely (before you had time to remedy the default) then that's a whole other positive legal argument which may be in your favour.

You say you were served with a DN dated 2nd February 2010. As you will have read on this thread there is much legal debate as to when the clock starts ticking for the Cause of Action when it comes to deciding SB. Some creditors claim it's when the account was actually terminated regardless of the DN date.

Sending a fresh CCA request is wise because Lowells have proven to be receptive to debtors' challenges recently.

However it's no guarantee that they won't issue legal proceedings even if the court subsequently find their claim 'unenforceable'. Once a claim is issued the SB clock stops ticking so fingers crossed this debt is SB already.

Let us know if this gets escalated to Lowells solicitors (in-house lawyers) because you may need to manage the situation slightly differently from then on.

Plan B x

[PlanB]

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

Posted October 2014:

Unfortunately my news is not good! looks enforceable to Niddy.

I've had a quick look back through your thread and I can now see that Niddy told you that the response Lowells sent to your CCA request in 2014 was deemed to be


Posted 22nd December 2014:

Niddy has already given me his opinion on the agreement, seems to be enforceable

In which case Lowells may simply send you the same documents again since they're already on their files.

However by the time they do that this debt may become SB if it hasn't already.

Sometimes filibustering works

Plan B x

[rockwell]

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

I'm not sure what a "Statement of Default" is in legal terms. The precise wording of that letter matters. Was it informing you of their intention to terminate your account with 'one last chance' to put things right? Or was it an official Termination Notice? If the account was terminated prematurely (before you had time to remedy the default) then that's a whole other positive legal argument which may be in your favour.

You say you were served with a DN dated 2nd February 2010. As you will have read on this thread there is much legal debate as to when the clock starts ticking for the Cause of Action when it comes to deciding SB. Some creditors claim it's when the account was actually terminated regardless of the DN date.

Sending a fresh CCA request is wise because Lowells have proven to be receptive to debtors' challenges recently.

However it's no guarantee that they won't issue legal proceedings even if the court subsequently find their claim 'unenforceable'. Once a claim is issued the SB clock stops ticking so fingers crossed this debt is SB already.

Let us know if this gets escalated to Lowells solicitors (in-house lawyers) because you may need to manage the situation slightly differently from then on.

Plan B x

Thank you PlanB, greatly appreciate your input on this. Just to recap,

Default Notice sent by Cap One dated 2/2/2010. Notice of sum in arrears from Cap One (whatever this is) advising you have missed or failed to pay 2 contractual payments dated 7/2/2010. Statement of Default from Cap One (we have terminated your account) dated 7/3/2010.
Very little else from Cap One after this as various DCA's swung into action.

I'll send another CCA request to Lowell tomorrow, that should keep them occupied for a few weeks!

[nanna58]

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

Good luck xx

[Never-In-Doubt]

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

Thank you PlanB, greatly appreciate your input on this. Just to recap,

Default Notice sent by Cap One dated 2/2/2010. Notice of sum in arrears from Cap One (whatever this is) advising you have missed or failed to pay 2 contractual payments dated 7/2/2010. Statement of Default from Cap One (we have terminated your account) dated 7/3/2010.
Very little else from Cap One after this as various DCA's swung into action.

I'll send another CCA request to Lowell tomorrow, that should keep them occupied for a few weeks!

As I suggested, a new CCA is best here. Sooner the better!

[rockwell]

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

As I suggested, a new CCA is best here. Sooner the better!

Thanks Niddy, CCA request on its way tomorrow. Lowell appeared to have buggered this up as they started treating me as a new and valued "customer" a few months ago!

[Pixie]

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

Good luck from me too x

[panther12]

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

Yes I would get the cca sent off asap. If they were to try it on and play silly buggers by claiming the CoA starts from termination date, you're less than a week away and they will have to deal with your cca before issuing a claim. Plus if they haven't already issued a letter before claim they would have to fall foul of PD pre-action protocol if they were to now issue a claim before termination date.

[Never-In-Doubt]

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

Keep us updated and don't leave any letters waiting - if they write, let us know asap