mr affable's UE diary

[SXGuy]

Re: mr affable's UE diary

Lowells standard template response.

If the agreement is prior april 2007 then CCA 2006 doesnt apply.

As Niddy said, ignore it.

[vint1954]

Re: mr affable's UE diary

Further to post #176 have now had a reply from Lowells following my missing PTs letter to them re my Capital One a/c.

I have copied this to Niddys email address for him to have a look at. I know he is busy so in the meantime thought I could share the gist of what they are saying with the forum.

Basically they are asking which PTs i believe are missing then they go on to say that under sections 77-79 they are obliged to send a true copy of the credit agreement and any other document referred to within that agreement and a statement of account.

Its not for you to tell them what is missing. It is enough that they are missing.

They say they have done this together with a signed copy of my application. They then say that the procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore I have evidenced acceptance of the agreement by using the credit facility.

Your not denying that you used the card. That is irrelevant

They say that since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

That should read for agreements taken out before April 2007

They say that the introduction of the CCA 2006 withdrew S127(3)concerning irredeemably unenforceable credit agreements. As such the courts have discretion as to whether the defect i allege in the credit agreement is such that the agreement does not reflect the true intention of the purposes of the transaction to which it seeks to govern and to which Lowell relies upon for payment of the debt.

Now this is just trying to mislead. This again only relates to post April 2007 agreements.

Sorry to go on - but can anyone advise me?

Thank you

Agree with Niddy, ignore their sorry arses.

[mr affable]

Re: mr affable's UE diary

Thanks everyone - gonna ignore it as you say and see what they send next.

Pixie - yes niddy replied to me by email (sorry for any confusion!)

[mr affable]

Re: mr affable's UE diary

Hi

I sent letter to Bryan Carter re my Mint debt as advised in previous posts. i have now received reply from Fredricksons basically saying their system does not record any details of a formal dispute having been raised with them or MINT! However they say that i can request a copy of my original agreement by sending £1 to them. I am a bit confused - surely this has taken me all the way back to square one - ie I requested a copy of the original agreement in March last year and MINT never provided it. Do i need to go through the whole process again or should I just ignore them?

[Deepie]

Re: mr affable's UE diary

I would send them a one liner......

Telling them when the CCA request was sent....with proof of postage

[mr affable]

Re: mr affable's UE diary

Hi

Re: Santander debt - it had all gone quiet on this one but now had a letter from Moorcroft Group saying they are now dealing with the debt and they are checking they have my correct address. Do i just ignore it?

[Deepie]

Re: mr affable's UE diary

Hi

Re: Santander debt - it had all gone quiet on this one but now had a letter from Moorcroft Group saying they are now dealing with the debt and they are checking they have my correct address. Do i just ignore it?

I would if it were me......

[mr affable]

Re: mr affable's UE diary

Hi

Have just been advised by Waitrose that my account has been transferred to Buchanan Clark & Wells who have now contacted me asking for my repayment proposals. What should i do?

[Deepie]

Re: mr affable's UE diary

Hi

Have just been advised by Waitrose that my account has been transferred to Buchanan Clark & Wells who have now contacted me asking for my repayment proposals. What should i do?

I would send this if it were me----> Account Sold whilst in Dispute

[mr affable]

Re: mr affable's UE diary

Hi

Just thinking again about my previous post #169 and reply #170 - presumably I could just send another CCA request via Fredrickson as they suggest and then wait for them to respond?

[mr affable]

Re: mr affable's UE diary

And another thought........

As I had CCA forms from Halifax and Northern Rock that Niddy said were enforceable I have continued to pay them £1 per month but stopped all payments to my other creditors. But should I stop making even those £1 payments to Halifax & Northern Rock and see what further action they take?

Nobody else seems to have taken any action even though they have threatened that they may do this or may do that!

[MrsD]

Re: mr affable's UE diary

Hi

Just thinking again about my previous post #169 and reply #170 - presumably I could just send another CCA request via Fredrickson as they suggest and then wait for them to respond?

did you send the one liner that Deepie suggested?

[MrsD]

Re: mr affable's UE diary

And another thought........

As I had CCA forms from Halifax and Northern Rock that Niddy said were enforceable I have continued to pay them £1 per month but stopped all payments to my other creditors. But should I stop making even those £1 payments to Halifax & Northern Rock and see what further action they take?

Nobody else seems to have taken any action even though they have threatened that they may do this or may do that!

some of us have been blagging enforceable debts for quite some time........but it is up to you, if you keep paying £1 it's always going to be there

[mr affable]

Re: mr affable's UE diary

Thanks Mrs D

I didnt send the one liner cos I realised that all MINT had done before was return my request and postal order saying my letter hadnt been signed (I signed it electronically)then when I sent the letter suggested by others here pointing out they didnt need my signature they returned it again saying i hadnt enclosed the payment - so i gave up!

As regards the 2 creditors that I still pay £1 to I had thought that if i didnt keep paying they would take me to court but judging from the others they probably wont do anything either so maybe now is the time to stop paying?

[MrsD]

Re: mr affable's UE diary

OK then I would send the CCA request to Freds, with a postal order and send recorded so that you can track when it's signed for.

with the others it's up to you but I would definitely be blagging