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  • #16
    As tech says wait for Diana, as there are more than just a failed cca to be unenforceable, so whilst on the face of it it is enforceable once you take the make up off and see the whole picture then who knows?

    Comment


    • #17

      :
      28/08/18 letter from Lowell to say it was sold to them
      2019
      constant phone calls from Fredrickson international 3 per day 6 days week
      June 01/06/19 CAA sent to Fredrickson
      June 15/06/19 letter from Fredrickson > to say my request has been forwarded to lowell
      June 22/07/19 phone calls stopped
      July 31/07/19 letter from Fredrickson with CCA and statement of accounts sent on behalf of Lowell
      August 01/08/19 CAA forwarded to NIddy for checking
      August 04/08/19 Niddy says ENFORCEABLE


      Hi all
      Any Ideas on whats best way forward with this ?
      Is it best to come to an arrangement to pay or try and get discount and pay, either way i will have to pay monthly as cant pay lump sum [/QUOTE]

      I have to contact Lowell with payment plan by 28/08/18 whats best way forward

      Comment


      • #18
        Hold it ? have you spoken to Diana Mayhew ? if not do so now!!
        Last edited by Joanna Connolly Solicitors; 14 August 2019, 11:42.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #19
          Originally posted by GFTAD View Post
          Debt 2 Capital One
          Opened: February 2007
          Type: Credit Card
          Current Balance: £12900
          Last payment: £5.00 | JULY 2019
          Last full payment: September 2010
          Arrangement: Sold to Lowell 26/07/18
          Status: Default March 2011

          28/08/18 letter from Lowell to say it was sold to them
          2019
          constant phone calls from Fredrickson international 3 per day 6 days week
          June 01/06/19 CAA sent to Fredrickson
          June 15/06/19 letter from Fredrickson > to say my request has been forwarded to lowell
          June 22/07/19 phone calls stopped
          July 31/07/19 letter from Fredrickson with CCA and statement of accounts sent on behalf of Lowell
          August 01/08/19 CAA forwarded to NIddy for checking
          August 04/08/19 Niddy says ENFORCEABLE


          Hi all
          Any Ideas on whats best way forward with this ?
          Is it best to come to an arrangement to pay or try and get discount and pay, either way i will have to pay monthly as cant pay lump sum


          There are many reasons for a debt to be unenforceable in law, not just the credit agreement.

          If Lowells want to issue legal proceedings they would need to send you a formal 'Letter of Claim' giving you 30 days to respond before they can issue a claim. Try not to be panicked into making payments or offers until you have a clear picture of your overall legal position.

          Who sent you the latest letter? Was it Lowell Portfolio or Lowell Solicitors?

          You've posted that the account was defaulted in March 2011, but do you recall receiving a Default Notice before that date?

          Did you (knowingly) have PPI on this account?

          I would send a Subject Access Request to Capital One to see what account data and information they hold on file.

          Di

          Comment


          • #20
            Originally posted by GFTAD View Post
            I have to contact Lowell with payment plan by 28/08/18

            Says who

            See my previous post.

            Di

            Comment


            • #21
              no you do not have to contact them to set up a plan. listen to Di
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment


              • #22
                HI Di
                The letter was sent with the CCA from Fredrickson to contact them with payment details as they have fulfilled my CCA request
                Do not know if default letter was received as stopped opening letters
                PPI do not know if i payed it to Capital one
                I will send SAR request asap
                THANK for help again

                Comment


                • #23
                  Originally posted by GFTAD View Post
                  HI Di
                  The letter was sent with the CCA from Fredrickson to contact them with payment details as they have fulfilled my CCA request

                  A section 77/78 CCA Request is for 'information purposes' not 'proof purposes'. The debt owner will still have to prove that they have complied with all their other statutory duties.

                  My guess is Fredrickson (debt collectors) will pass the debt back to Lowell Portfolio (debt purchaser/owner) who will then write to you.

                  See what your SAR to Capital One reveals.

                  Di

                  Comment


                  • #24
                    DI
                    thanks for advice will send SAR and wait and see what Fredrickson send me next

                    Comment


                    • #25
                      Originally posted by Diana Mayhew View Post


                      A section 77/78 CCA Request is for 'information purposes' not 'proof purposes'. The debt owner will still have to prove that they have complied with all their other statutory duties.

                      My guess is Fredrickson (debt collectors) will pass the debt back to Lowell Portfolio (debt purchaser/owner) who will then write to you.

                      See what your SAR to Capital One reveals.

                      Di
                      Hi Di/All

                      now received SAR from capital one ( total of 9 days from posting ...must have had it waiting for me ) and am wondering where i go from here
                      I notice they have sent a default notice and final one 30 days later
                      there was 2 CCA signed 2 month apart for same account ?
                      Is there anything i should be looking for in there paperwork ?

                      Comment


                      • #26
                        Originally posted by GFTAD View Post
                        now received SAR from capital one ( total of 9 days from posting ...must have had it waiting for me ) and am wondering where i go from here

                        Just keep the paperwork safe in case Lowell issue a claim. There's no magic wand to prevent that from happening, but you can do your homework in preparation.

                        You've not been sent a Letter of Claim yet, or have you?

                        Di

                        Comment


                        • #27
                          Di
                          no letter of claim as yet, i will wait for there next move thanks

                          Comment


                          • #28


                            Debt 3 Lloyds
                            Opened: 2006
                            Type: Credit Card
                            Current Balance: £398
                            Last payment: £5.00 |JULY 2019
                            Last full payment: September 2010
                            Arrangement: sold to IDEM servicing 2014
                            Status: Default March 2011
                            September 05/09/19 Letter from Lloyds regarding your SAR ..sorry we have no information on any Credit cards or loans in your name

                            Comment


                            • #29
                              Good new on this thank to everyone for their help


                              July 22/07/19 Have forwarded CCA from IDEM to Niddy to check for UE
                              July 27/07/19 Niddy says send request for SAR to confirm date of original agreement
                              ​​​​​​September 05/09/19 Letter from Lloyds regarding your SAR ..sorry we have no information on any Credit cards or loans in your name

                              Comment


                              • #30
                                How "Nice" of Lloyds to say you don't have anything with them,

                                enjoy your weekend
                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                                Comment

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