Capital One - Lowells

[PlanB]

Re: Capital One - Lowells

It would have been the contractual payment PlanB.

Then as I understand it the SB date kicks in from the following month when your next contractual payment would have been due and not paid.

I'm not 100% certain of that so will someone please correct me if I'm wrong.

Either way you are so nearly at the finishing line for this debt. Keep your head down.

Plan B x

[oscar]

Re: Capital One - Lowells

That's pretty much how I understand SB .... If you paid on 1st Jan, but then didn't on 1st Feb, that's the beginning of the SB date.

2nd week in August you should be homeward bound!

[Deepie]

Re: Capital One - Lowells

Limitation Act 1980


It's all here if you fancy a read -------> http://www.legislation.gov.uk/ukpga/1980/58

[marypoppins]

Re: Capital One - Lowells

Yes that's how I calculate it too, 'cause of action' being the date the payment became due and wasn't paid.

[marypoppins]

Re: Capital One - Lowells

Another letter 29/6

We have not received an offer of repayment from you, so we are now reviewing your account for further action.

Further action may involve applying to the county court for a judgment (ccj) which if granted and remains unpaid, could then involve:

Applying to recover the money you owe by making deductions directly from your earnings, or instructing bailiffs to visit your home to obtain payment to the value of your debt.

An alternative to the above could be: for a field agent to visit you and discuss payment face to face.

Any repayment plan we agree with you will be tailored to your financial circumstances. Please call 0843 320 3023 to speak to one of our account managers. Alternatively you can visit www lowell.co.uk and either pay the debt in full or set up a repayment plan by direct debit.

If you are struggling with debt, please see overleaf for details of organisations where you can get free, confidential and impartial advice.

The organisations on the reverse are stepchange and national debtline. No mention of AAD!

[marypoppins]

Re: Capital One - Lowells

I've had another pre-legal assessment letter today, identical to the one I had at the end of Feb!

No date anywhere to respond by so maybe I'll ignore it.

SB 3rd August 17 days to go!

[PlanB]

Re: Capital One - Lowells

SB 3rd August 17 days to go!

And what makes it even more fun is that Lowells don't even know that

Plan B x

[marypoppins]

Re: Capital One - Lowells

I had a look at what I did when I had the last pre-legal assessment letter on 25/2

I sent a CCA request which eventually arrived on 16/4

I wonder if it may be best to send another CCA request, which will hopefully delay it another couple of months, by which time it will be SB.

I know 3/8 isn't far away but enough time for a claim to be issued, especially if they don't bother with a letter before action.

Any thoughts anybody?

[Still Waving]

Re: Capital One - Lowells

"I wonder if it may be best to send another CCA request, which will hopefully delay it another couple of months, by which time it will be SB"

That would seem to be taking the proverbial, if they sent you a copy of the agreement in December and again in April.

[oscar]

Re: Capital One - Lowells

That would seem to be taking the proverbial, if they sent you a copy of the agreement in December and again in April.

There is nothing stopping you.

There is no provision within the Act that stipulates how many times you can request a CCA.

One sent now, would pretty much take you to 03/08

[The Tech Clerk]

Re: Capital One - Lowells

you can ask for one after a month beyond the previous one, but as they would have it on file after two previous ones then it may pay to let sleeping dogs lie!

[cadwallader]

Re: Capital One - Lowells

Although even if they send the CCA by return of post they usually (although no guarantee they always will) give 30 days to respond with a repayment proposal. And in my case they still seemed to take a couple of weeks to respond even though they must have had the CCA in their files. Plus a missing PT letter and another 30 days to respond to their response to that & you should be well past the SB date!

Good luck - I know that slightly nervous feeling as SB gets close.

C

[nanna58]

Re: Capital One - Lowells

Best of luck x

[Undercover Elsa]

Re: Capital One - Lowells

Hi Marypoppins,
Just catching up with your thread

If your last payment was 3rd June 2009, then limitation starts from the day after the first missed contractual payment, so on the face of it 4th August. However, to fine tune it, have a look at the last statement, where it will state the date the next payment is due (which may be later than the date you actually pay it each month). The clock starts the day after the payment due date if it's unpaid.

I definitely concur with sending a new CCA request to buy time, you can send as many as you like providing one month has elapsed in between.

As I've mentioned elsewhere, Lowell's like to argue that it starts from default date, following the court case BMW v Hart, but we've seen them off on that score several times on here.
Once you get to the point of sending the SB letter, if they respond in that vein give us a shout and I'll sort you out a response to shut them up.

Elsa x

[marypoppins]

Re: Capital One - Lowells

Thanks for all the comments and advice, I have decided that I will send another S78 request in the post tomorrow. From experience, I know that Lowells can be nasty barstewards and I just don't want to risk anything at the last hurdle.

Thanks Elsa for your offer of help, I have got the statement from that month and the last contractual payment that I missed was due on 9th August 09 and the next statement shows the first late payment fee on 9th Aug, so I need to get to 10th August.

As Lowells tend to review accounts every 30 days, hopefully a new s78 request will get me to where I need to be.

It's certainly worth another quid and even if they have sent me two lots in the last six months, they don't seem to have the capability of referring to previous requests and looking at what they sent before. They just send the standard response, that they have requested the agreement from the OC.

I will post any developments.