Vaper's Diary

[vaper]

I'm just waiting for Di to get back to me. We are speaking tomorrow

[Never-In-Doubt]

Are you defending their claim?

[vaper]

• • Capital One Partners debt

• • Type of account -Credit card
  • Date commenced - 20/10/09
  • Approx balance - £9000
  • Date last paid-11/04/17
  • Are you on arrangement or not paying- Not paying
  • Defaulted
  • Status- In arrears
  • Account owner- Lowell

03/06/17 Thank you for getting in touch, all payment information is included with this letter
03/06/17 Were here to help. fill in the I&E form and return it and well help set up a payment plan
03/06/17 Thanks for contacting us. I've enclosed some extra payment slips for you light the fire with as you cant pay what you owe us anyway.
20/06 17 You've missed some payments
28/06/17 We need to update your email address as our messages are bouncing from that address (REALLY) !!!!
July 2017 We'd like you to call us to help you get back on track
August 17 We have to inform you that you'll permanently lose the use of your card.
19/08 17 You've missed at least two payments (I make that 4 but anyhoo)
August17 Its likely you'll lose the use of your card if you don't pay by 12/09/17
18/09/17 You have now permanently lost the use of your card
September 17 Were about to send you a default notice
16/10/17 Default notice (I think) It isn't set out like the others but seems to be saying the same thing ish
20 10/17 Notice of sums in arrears. I'm behind with repayments (No kidding Sherlock)
November 17 Your account is about to default unless you pay within 30 days - that's not gonna happen!
18/11/17 Statement of default
21/11/17 We need to reach a payment agreement
10/04/18 Introduction letter from Lowell and a letter from Capital One informing that the account has been sold to Lowell
27/04/18 Letter from Lowell requesting payment agreement
13/05/18 Options of ways to repay
28/05/18 Letter - we may assess your account for legal action.
11/06/18 We intend to take legal action if you do not contact us to agree repayment
25/06/18 We will take legal action if no contact is made by 09/07/18 to avoid further action we can offer a 20% discount
10/07/18 We will be instructing solicitors if you do not arrange to repay
13/07/18 CCA request sent to Lowell
24/07/18 We have requested documentation from Capital One, account is on hold. if we have not heard from Capital One after 40 days time we will send you an update.
21/11/18 Response from Lowell with CCA response and reams of statements. Account is put .on hold until 19/12/18 while I check their paperwork
23/12/18 Letter from Lowell informing that they haven't heard back from me yet and to get in touch
10/01/19 Letter from Lowell - please contact us to make payment arrangements.
21/01/19 We have tried to contact you several times, we will shortly be passing your account to our collections department or one of our debt collection agencies. we are willing to offer a discount of 30% in affordable instalments.


24/01/19 CCA request sent to Niddy for checking

Niddy has checked this one and it is enforceable. Any ideas how we go forward with this now?
Theyve offered a 30% discount up to now so I'm wondering how much more flexible they might be.
Should I offer them a token payment, say £5 a month or just say nothing and await their next letter?

UPDATED 05/07/19
25/02/19 Letter offering affordable repayments of £1 per day.
10/04/19 Letter saying I could close my account with a 50% discount.
13/05/19 Letter offering a 60% discount.
07/07/19 Found an email in spam folder informing that this account has now been passed to BPO collections to recover the outstanding balance. They are offering a 40% discount as a one off payment.

UPDATE
12/11/19 You have failed to repay your account, it has now been sent to Lowell Solicitors Limited.
12/11/19 Notice of acting. Lowell Portfolio l Ltd has instructed us to recover the outstanding balance, we are instructed to issue legal proceedings unless you pay £?????
21/11/19 Letter of claim - 30 days to prevent legal Action.....Spoke to Di and she told me to have a nice Christmas and not worry about this one yet

21/01/20 County Court claim form received. Still in talks with Di about what we will do next

UPDATED 28/01/20
quick update for anyone interested!

[vaper]

Yeah sorry folks, I was being a bit of a stressed Eric. I have calmed down now and after speaking to Di, I know there are lots of different reasons for Unenforcable. So if anyone else find themselves in this position, please ask for advice on here before freaking out!

[Never-In-Doubt]

Hi Di
niddy said this was enforceable after her saw the tick box on the CCA from capital one, he saw the paperwork so I'm bound with that, I just want to know what I need to do next. Thank you so much for your help

For clarity, to others who may read this - if I ever say an agreement is (or isn't) enforceable, that is not the end of it! There are a million and one ways to deal with things regardless of whether the agreement is in fact enforceable or unenforceable. Even then, just because I may say it looks X or Y or Z, that is only an initial opinion - if a claim is issued and for example Jo / Di gets involved to help defend, they'll ask a million questions and look for many other faults (inc from default notice, termination etc) plus they'll rip everything in the agreement apart to find fault. I do not do this, I give a very general opinion.

It's common logic that a solicitor that is defending a case, argues their own points so no matter - if a claim is issued, for the sake of being an AAD+ member - always send a message to Jo or Di and see what they say.

Hope this clears things up for others reading this tread.

[Never-In-Doubt]

Hi Di
thank you so much for our chat last week, you have put my mind at rest.

Excellent - glad you've slowed down and done the right thing. Good luck

[vaper]

Hi Di
thank you so much for our chat last week, you have put my mind at rest.
I will send you the other documents soon. But for now am just enjoying my break from work

[Joanna Connolly Solicitors]

I will try and speak to Di tomorrow

We have now spoken.

Enjoy your Christmas holiday

Di

[Joanna Connolly Solicitors]

I will try and speak to Di tomorrow

email may be best so I can see any necessary documents

Di

[Joanna Connolly Solicitors]

the default notice was served correctly it just looked a little different from the others.

Who told you that the Default Notice was correctly served?

Did it comply with s87(1) CCA?

Di

[vaper]

Ok folks, thanks for all your replies, I will try and speak to Di tomorrow

[cymruambyth]

Hi vaper have you spoken to Di yet? Please do so. I have had a couple of claims dealt with by the company that Di works for and it is amazing how many things that they fail on other than the agreement. Check before you commit yourself and possibly put yourself in a worse position. I have dealt with Lowell and they can be very underhand.

[vaper]

So, I've checked through all the paperwork, the default notice was served correctly it just looked a little different from the others.
i need to respond to lowells now, I wonder if they would still offer the 60% discount as we would be able to afford that and then be clear of this one

[nightwatch]

Hi Vaper. I agree with Tekkie, speak to Di, you can tell her things you can't ,or don't want to put on here.

A few others have thought they would have to pay up, but after a word with Di found something that changed that idea, good luck

[The Tech Clerk]

email di@joannaconnollysolicitors.co.uk

Vapor hang on that does not mean enforceable in court as too many things in other areas has to 100% and are not. talk to Di on phone free initially (0151 254 6986) and get the confidence to stand up to lowells bullies