Vaper's Diary

[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

[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]

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

[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

[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

[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

[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]

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

[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

[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]

I will try and speak to Di tomorrow

We have now spoken.

Enjoy your Christmas holiday

Di

[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

[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

[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.

[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!