Vaper's Diary

[vaper]

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

[Joanna Connolly Solicitors]

I have posted today explaining the issues . . . . I will contact them sayin we can repay probs 10.00 per month and we'll see how it goes from there

Hello Vaper

I'll take a look back at your thread tomorrow.

If you make an offer to pay this may be seen as an admission of the debt which could be detrimental to any Defence you may file if a claim is issued.

An offer of £10 per month on a £9k debt would take 75 years to repay the debt. Lowell may (may not) see that as an unattractive offer, so issue a claim anyway based on your perceived admission.

Perhaps Lowell would prefer a CCJ ordering payments of £10 per month which they can apply to vary 'upwards' as time goes by.

A CCJ of £1k or more may give them the automatic legal right to place a Charging Order on your/your partner's home if you own a property.

I see you've been told by Niddy that the credit agreement Capital One sent you in response to your CCA Request was 'enforceable'. Why was it enforceable?

I can also see that there may be issues surrounding the Default Notice.

Di

[vaper]

I have posted today explaining the issues but can't update my pos. I will contact them sayin we can repay probs 10.00 per month and we'll see how it goes from there

[vaper]

Sorry, don't know if I've lost the plot but the forum won't let me edit my original post.
We have received a letter of claim relating to my partners capital 1 account.
Niddy said this one is enforceable, they did offer a 60% reduction but it looks like that's gone out the window now. Any ideas what to do?
I only have a few days to reply so any help appreciated
thanks

[vaper]

12/11/19
Notice of acting received from Lowell Solicitors
Resolve this matter or we will issue legal proceedings

21/11/19
Letter of claim-30 days to prevent legal action

[Joanna Connolly Solicitors]

can anyone offer any advice with this one please as I'm so confused. . . . . Why would they pass something which is enforceable over to a DCA?

The credit agreement may be enforceable but that doesn't necessarily mean the debt is enforceable - there are many other reasons for a debt to be UE.

You've posted that the Default Notice from Capital One in 2017 "isn't set out like others" so maybe it's flawed in some way?

The debt has been assigned/sold to a debt purchaser who doesn't necessarily have access to the original creditor's data/documentation. If things progress they would need to produce the DN and they may not be able to get it.

The current owner is Lowell Portfolio so if they intend to issue legal proceedings they would typically instruct Lowell Solicitors. Post on the forum if that happens.

In the meantime I see no reason for you to reply to emails from a Debt Collection Agency.

Di

[nightwatch]

Ho folks.
can anyone offer any advice with this one please as I'm so confused. They offered a 60% discount then passed it over to a DCA. I just don't know what to think about it. Seems the 60% is off the table now as BPO are offering 40%. Why would they pass something which is enforceable over to a DCA?

because they can, offers are said to be on a 1st come basis i, they can say you didn't reply before thr the 1st person did, also Cabot are having a few problems with assignment issues, I wouldn't worry for now wait and see what they send next, NW

[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.

Ho folks.
can anyone offer any advice with this one please as I'm so confused. They offered a 60% discount then passed it over to a DCA. I just don't know what to think about it. Seems the 60% is off the table now as BPO are offering 40%. Why would they pass something which is enforceable over to a DCA?

[Joanna Connolly Solicitors]

I realise the CCA needs sending again, do I now sent it to Santander or Drydensfairfax Solicitors?

Have you received a response to your s77-79 CCA Request which you sent to DrdensFairfax yet? If not then that may mean the debt is currently unenforceable.

Personally I would have sent the CCA Request to Santander since they are the owner of the debt so they have the statutory obligation to comply not DrydensFairfax.

The reason you sent another CCA Request was because the first one went to Moorcroft a DCA not Santander the debt owner.

Di

[nanna58]

Best to keep a copy of everything xx

[vaper]

Thanks roger, will sent it tomorrow.

[vaper]

Thanks Nightwatch, sorry there is no way to like on the post.

[Roger]

Do I still need to send the £1 postal order?

Its very important that you do!
The CCA S 77/78 request is a Consumer Right under the Law. It is the CCA that expressly requires £1
I keep a photocopy of the Postal Order (use your MOB to take a picture!)
Plus a copy of course of the CCA Request and send Recorded Delivery. Keep the Post Office receipt safe!

[vaper]

Do I still need to send the £1 postal order?

[nightwatch]

AS you have a letter from Drysden send the CCA to them.