GFTad road to freedom

[Timewilltell]

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?

[GFTAD]

:
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

[The Tech Clerk]

Hold it ? have you spoken to Diana Mayhew ? if not do so now!!

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

I have to contact Lowell with payment plan by 28/08/18

Says who

See my previous post.

Di

[The Tech Clerk]

no you do not have to contact them to set up a plan. listen to Di

[GFTAD]

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

[Joanna Connolly Solicitors]

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

[GFTAD]

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

[GFTAD]

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 ?

[Joanna Connolly Solicitors]

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

[GFTAD]

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

[GFTAD]

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

[GFTAD]

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

[nightwatch]

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

enjoy your weekend