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  • #16
    Re: what is a CA3 ?

    Lowells many a time close accounts as little productive due to the amounts being under £900, as a matter of business sense once a person challenges whatever method!
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #17
      Re: what is a CA3 ?

      Originally posted by Spent2much View Post
      they are posting up letters from Lowell saying 'you owe £0.000 why don't we get these letters ?
      We do - see below one of my Shop Direct accounts that was written off. Difference is I argued this on contractual and legal point.

      I would be VERY cautious about encouraging people to argue estoppel or FOTL for debt related issues as those I have seen tried in court have been ripped to shreds and I have seen too many people from the GOODF come here after losing court cases and being slapped with significant costs to boot.

      It is a very complex and contentious legal argument and there is no proven legal track record for debt related issues, whereas UE arguments are proven, and creditors are frequently getting themselves tied up in knots proving what should be a simple contractual argument. IMO arguing estoppel or FOTL only assists the creditor in painting you as a dirty debt dodger.

      Click image for larger version

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      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!



      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #18
        Re: what is a CA3 ?

        Originally posted by Spent2much View Post
        But they are posting letters up from Lowell with nil balances and confirmation that the accounts are closed so it can't be bullshit .
        What Lowell have done is take a business decision that even if they went to court it would not be profitable for them to do so.

        However if Lowell chose to take legal action (and they frequently do), then the BS would soon unravel as some people find to their cost (just some to hand example):

        http://forums.all-about-debt.co.uk/s...ighlight=GOODF
        http://forums.all-about-debt.co.uk/s...ighlight=GOODF
        http://forums.all-about-debt.co.uk/s...ighlight=GOODF

        There are plenty of others on our legal section that I can't post links to......

        IF things ever get to court then you need something that you can rely on and has proven credibility. Arguing UE offers that as recently demonstrated by our own PlanB who spanked MKDP on UE and procedural issues. To do this you HAVE to get the Judge on your side, something that is not going to happen you go in to a court room spouting freeman of the land.

        If you want to try that method - by all means go ahead, but don't be surprised should you get bitten in the arse!
        "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

        The consumer is that sleeping giant.!!



        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #19
          Re: what is a CA3 ?

          I wouldn't trust them i am just curious about their procedures and i am for than happy the way our debs are being dealt with from the help on here .
          _______________________________________



          Comment


          • #20
            Re: what is a CA3 ?

            Originally posted by SaltnVinegar View Post
            What Lowell have done is take a business decision that even if they went to court it would not be profitable for them to do so.

            However if Lowell chose to take legal action (and they frequently do), then the BS would soon unravel as some people find to their cost (just some to hand example):

            http://forums.all-about-debt.co.uk/s...ighlight=GOODF
            http://forums.all-about-debt.co.uk/s...ighlight=GOODF
            http://forums.all-about-debt.co.uk/s...ighlight=GOODF

            There are plenty of others on our legal section that I can't post links to......

            IF things ever get to court then you need something that you can rely on and has proven credibility. Arguing UE offers that as recently demonstrated by our own PlanB who spanked MKDP on UE and procedural issues. To do this you HAVE to get the Judge on your side, something that is not going to happen you go in to a court room spouting freeman of the land.

            If you want to try that method - by all means go ahead, but don't be surprised should you get bitten in the arse!

            I throwing qeuestions back at them because they are under the impression that the debts are finished with and i doubt thats the case .
            _______________________________________



            Comment


            • #21
              Re: what is a CA3 ?

              Originally posted by Spent2much View Post
              I throwing qeuestions back at them because they are under the impression that the debts are finished with and i doubt thats the case .
              Well if they have a letter from Lowell stating that the account is closed, then that is a potential scenario where estoppel may (and I use the word may in the same way a DCA would!) be used if Lowell tried to come back and re-open the account.

              Relying on common law is a bit like relying on a 3 year old to return with something you've asked them to get you - they may come back with it, but just as likely to come back with a colourful ribbon that they got distracted by on the way.

              This was discussed a little bit here:

              http://forums.all-about-debt.co.uk/s...t=freeman+land
              "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

              The consumer is that sleeping giant.!!



              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #22
                Re: what is a CA3 ?

                Originally posted by SaltnVinegar View Post
                Well if they have a letter from Lowell stating that the account is closed, then that is a potential scenario where estoppel may (and I use the word may in the same way a DCA would!) be used if Lowell tried to come back and re-open the account.

                Relying on common law is a bit like relying on a 3 year old to return with something you've asked them to get you - they may come back with it, but just as likely to come back with a colourful ribbon that they got distracted by on the way.

                This was discussed a little bit here:

                http://forums.all-about-debt.co.uk/s...t=freeman+land

                I agree but i feel bad for those who are thinking the debts are done with when i know that Lowell and other dca just pass the accounts back to the OC and then it gets sold again , i hate to think of them relaxing and then receiving a SD .
                _______________________________________



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                • #23
                  Re: what is a CA3 ?

                  So they must be lulling desperate people into a false sense of security, that's not right.
                  if you do it today and you like it you can always do it again tomorrow


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #24
                    Re: what is a CA3 ?

                    Originally posted by Spent2much View Post
                    I throwing qeuestions back at them because they are under the impression that the debts are finished with and i doubt thats the case .
                    Sold on in most cases1
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #25
                      Re: what is a CA3 ?

                      I have had a £5,000 balance written off by Lowells, primarily as they were unable to provide any information from the creditor.

                      They said they felt I was liable, but had taken a business decision.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #26
                        Re: what is a CA3 ?

                        Originally posted by nanna58 View Post
                        So they must be lulling desperate people into a false sense of security, that's not right.

                        I think they believe what they are doing is the right thing, but it seems too good to be true .
                        _______________________________________



                        Comment


                        • #27
                          Re: what is a CA3 ?

                          Originally posted by The Tech Clerk View Post
                          Sold on in most cases1

                          I did say this but they came back with no they don't seel them when the estoppel letter
                          _______________________________________



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                          • #28
                            Re: what is a CA3 ?

                            Originally posted by oscar View Post
                            I have had a £5,000 balance written off by Lowells, primarily as they were unable to provide any information from the creditor.

                            They said they felt I was liable, but had taken a business decision.

                            That happened with my husband's orange phone account and then they sold it on but Niddy wrote them a nice letter :
                            _______________________________________



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                            • #29
                              Re: what is a CA3 ?

                              been there and paid heavy to another DCA in the past
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                              • #30
                                Re: what is a CA3 ?

                                Let's not forget here there's only one common law court in the UK and quite frankly every other county court doesn't really recognise it's relevance or authority. While there may be little to some truth in part of what they talk about, majority of it will not stand up in court and you would be laughed at along with a heavy costs bill. Estoppel isn't a simple case of "if you don't do this and that then you are barred from enforcing" there's a lot more to it. They have been lucky so far. That is all. I wouldn't chance it on a 10k debt. Let's not forget our friends at GOODF who when asked couldn't even explain the difference between consumer credit legislation and the bills of exchange act. Be very cautious
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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