Cap 1 sold to Lowell

[cadwallader]

Re: Cap 1 sold to Lowell

Thanks Niddy. Have just sent to you.

[xenaphon1970]

Re: Cap 1 sold to Lowell

that's strange, mine was in big felt pen with a lifted signature haaaaaaaaaaaaaaaaa, they have now passed to their debt collection agency unless I pay before 1.1.2015, for the grand total of £424

Told them, it's in dispute, have you the original if I remember Freds would not touch it, 1st Cred and other low life, they say it's enforceable Niddy say's no, That's good enough for me, with all the money niddy has saved me the site is getting it each month, up to £15 a month now keep going boys.

[Never-In-Doubt]

Re: Cap 1 sold to Lowell

Thanks Niddy. Have just sent to you.

Hiya

That's really crappy but what they have sent is in fact enforceable; well almost so - depending on what you recall receiving at account inception because the signed application that you were sent is genuine, all they'd then need to do is match the terms and they have done that with the version v #6 terms. They then add the terms after the charges changed version v #14 and a set of current terms at the end.

In essence mate, it's checkmate - shitty I know but as things stand they would likely win in court UNLESS you can remember the facts when you originally took the card out; ie how did you apply (online / phone / application flyer etc)....

[cadwallader]

Re: Cap 1 sold to Lowell

Thanks Niddy. Not good news but there you go.

How does the way I applied for the card affect the potential enforceability?

[cadwallader]

Re: Cap 1 sold to Lowell

Lowell have recommenced chase letters with the threat of possible further action.

This becomes statute barred in April so what is my best course of action?

Thanks.

C

[SaltnVinegar]

Re: Cap 1 sold to Lowell

Lowell have recommenced chase letters with the threat of possible further action.

This becomes statute barred in April so what is my best course of action?

Thanks.

C

Hiya - can you post the exact wording of the letter they sent you (removing personal info)? Would be helpful to know if its a standard threat-o-gram.

TBH as you're so close to getting to SB you're better seeing if you can blag this out

[MrsD]

Re: Cap 1 sold to Lowell

I would be sending off a missing PTs letter here http://www.all-about-debt.co.uk/inde...escribed-terms you just need to keep them at arms ;ength for another couple of months

[cadwallader]

Re: Cap 1 sold to Lowell

Thanks MrsD. I will give it a couple of days then send. Delay as much as is safe!

[PlanB]

Re: Cap 1 sold to Lowell

Lowell have recommenced chase letters with the threat of possible further action.

Can you be more specific about your latest letter from Lowells.

Either post it up on the site with your details redacted or email me a copy of it using planb@all-about-debt.co.uk

Lowells issue county court summons at the drop of a hat so it makes sense to assess whether you have been sent a formal Letter before Action with a deadline to comply or else.

[cadwallader]

Re: Cap 1 sold to Lowell

Hi PlanB

e-mail sent. Thanks.

[cadwallader]

Re: Cap 1 sold to Lowell

Apologies SaltnVinegar, I somehow missed your earlier post.

Here is the text of the letter:

We regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non-payment

Failure to respond to this notice may result in further action been taken to recover the monies owed by you.

We urge you to call one of our advisors to prevent action being taken, please call:

0844 844 4716

[PlanB]

Re: Cap 1 sold to Lowell

Hi PlanB e-mail sent. Thanks.

That was quick

At first sight it's not a formal LBA. But nevertheless it shouldn't be ignored.

I'd go with MrsD's suggestion of a MPT letter as a holding position. She was right first time but there's no harm in getting a second opinion knowing that Lowells can be trigger happy with court claims

I would be sending off a missing PTs letter here http://www.all-about-debt.co.uk/inde...escribed-terms you just need to keep them at arms ;ength for another couple of months

[cadwallader]

Re: Cap 1 sold to Lowell

Thanks. Will do.

[rockwell]

Re: Cap 1 sold to Lowell

I have the exact same verbatim letter as you, although I'm several months behind you regarding SB - end Sept. Just a thought! do you have a compliant Default Notice from Cap One? I'm not sure if this is relevant any more but my DN gives me 28 days but does not specify a date (I can't say they did not provide me with enough time) but I thought they had to specify an exact date on the DN. I assume if it came to it a judge would ignore this!

My approach will probably be missing PT's and miniscule print.
Good luck!

[cadwallader]

Re: Cap 1 sold to Lowell

Hi Rockwell

Yes, looks like I had the same default notice as you. 28 days but not a specific date to rectify by. From what I have read over the years I don't think this is any longer an issue re enforceability.

Good luck to you too.