what is a CA3 ?

[oscar]

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.

[The Tech Clerk]

Re: what is a CA3 ?

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

[nanna58]

Re: what is a CA3 ?

So they must be lulling desperate people into a false sense of security, that's not right.

[Spent2much]

Re: what is a CA3 ?

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 .

[SaltnVinegar]

Re: what is a CA3 ?

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

[Spent2much]

Re: what is a CA3 ?

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 .

[Spent2much]

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 .

[SaltnVinegar]

Re: what is a CA3 ?

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!

[SaltnVinegar]

Re: what is a CA3 ?

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.

[The Tech Clerk]

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!

[Spent2much]

Re: what is a CA3 ?

FFS sounds similar to the old 'freeman of the land/common law' bullshit spouted on GOODF and will only serve to paint a huge bullseye on you as a target and if things ever got to court you would get spanked.

But they are posting letters up from Lowell with nil balances and confirmation that the accounts are closed so it can't be bullshit .

[Spent2much]

Re: what is a CA3 ?

they are posting up letters from Lowell saying 'you owe £0.000 why don't we get these letters ?

[Spent2much]

Re: what is a CA3 ?

I'm wondering how they are receiving letters back with zero balance from dca such as Lowell ?

[Spent2much]

Re: what is a CA3 ?

They are talking about estoppel .In law, estoppel is a set of doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result.

[Spent2much]

Re: what is a CA3 ?

and this person says she has had 3 accounts zero'd with lowell ?