Walsh1's UE Diary

[Walsh1]

Re: Walsh1's UE Diary

Start of Diary
August 2014

Type of Account; Capital1 credit card

Date commenced: 26/04/2004

Approx balance; £1600+

Date of last payment; 06/08/2008

No arrangement, no payments made.

Account Status; Default

Account owner now; Lowell Portfolio 1

Letter from Lowell Portfolio1 dated 01/08/2014 saying they are now the new owner of alledged debt received 06/08/2014


Letter from Capital 1 dated 01/08/ 2014 saying they had sold the alleged debt to Lowell Portfolio 1 recieved 08/08/2014 . Letter obviously from Lowell in their envelope with LOW 101 code on side of letter.

What should I do next, not replied to them?

How do I do the diff colour type, lol

[Walsh1]

Re: Walsh1's UE Diary

The Default issue date was
7 Jan 2009.

Letters went backwards and forwards between Sep 2008 and Aug 2009. Letters between Me Cap1, then Debitas and then Capquest and back to Cap 1. All communication ended in August 2009. Then nothing till letter from Lowell dated 01/08/2014.

Will upload the cca they sent me tonight. Thanks for all the help and advice so far

[Undercover Elsa]

Re: Walsh1's UE Diary

Hi Walsh1 and welcome to AAD

No response required to the Notice of Assignment to Lowells..just sit tight and see what they send next, and what Niddy makes of your agreement.
To change type colour highlight the text and click the bold A next to smilies in the bar at the top of the reply box

Have you still got the Default Notice?

[Walsh1]

Re: Walsh1's UE Diary

Hi Elsa, not got the Default notice. I have everything else. They did not send one. It was not included in my SAR request. When I asked for a copy they said they did not have one. So they did not need to send a copy. But confirmed the default was 7 Jan 2009. I reported them to the ICO after 3 months they replied saying they had asked Cap 1 to provide the missing items and improve their systems. Still got nothing from Cap 1 wrote them in2009. Got a letter back August 2009 apologising and saying please find missing items enclosed. They did not enclose anything. That was August 2009 and then did not hear anything till Lowell leter 1/08/2014.

I am doing all this on my mobile at mo that is prob why I cant find the A and smilies. My wife is in hosp at the moment so I am here there and all over lol

[Undercover Elsa]

Re: Walsh1's UE Diary

That's fine hun, they don't keep DN copies, they just populate a template. The actual one they sent you (if they did send one) is what can be important if it contains significant errors.

Sounds as if this is well on the way to being Statute Barred. Forgetting the default date at the credit reference agencies, do you know when your last payment was, and was it a contractual one prior to default?

Sorry to see your wife's in hospital, hope she's OK xx

[Walsh1]

Re: Walsh1's UE Diary

The last payment date they have on the statements sent to the SAR request was 06/08/2008 and it was for the minimum payment as contracted. They did send a default note in 2008 but this was just for the outstanding payments from 09/2008 the ammount was for about £260 not the full ammount. Still got that and all letters from them Debitas, Capquest, ICO and back to them again. Plus all the varoius types of cca they have sent all not signed apart from the ultra short application form. So I know they never sent a Default letter for the full amount. Interesting because at that time their was a lot of mention of Default notices not being done properly.
When I get back to the PC this evening I will upload the signed ultra short application they state is the cca.
Anyway thanks for your help. I will not reply to Lowell till I get their next polite letter, lol thanks

[Undercover Elsa]

Re: Walsh1's UE Diary

By my reckoning that means it should be Statute Barred on 7th September this year (6 years from the day after the first MISSED payment) providing you haven't paid anything since then or acknowledged it in writing

You need to procrastinate on this one for as long as possible till you're safe.
Let us know what they send next, don't do anything till you've run anything by us...

[Walsh1]

Re: Walsh1's UE Diary

In all letters I always stated I do not acknowledge any debt etc.. The last letter from them was August 2009 and fom me July 2009. Never paid a penny since 06/08/2008

Will keep u all informed of the next part of their game. No sob story but they always seem to hit u when u have other probs which are obviously much more important.

Anyway really appreciate all the advice. Glad I found u all. Did not want to go it alone on this one. Else I may have given in, due to much more important health issues with my wife. Thank you

[cymruambyth]

Re: Walsh1's UE Diary

Best wishes for your wife, her health is your priority.

[Walsh1]

Re: Walsh1's UE Diary

Thanks for that, that is my only priority at the moment.

[Undercover Elsa]

Re: Walsh1's UE Diary

Understandably, I do feel for you, it's hard enough dealing with these sharks without worrying about your wife too.
You'll find we're very supportive in all sorts of ways on here, and if you've any worries about your wife's health or treatment that you need to talk about, please don't hesitate to start a thread in our health issues section. I'm a retired nurse and we've lot's of members who have gone through very hard times with health issues, so there's always lots of support if you need it.
http://forums.all-about-debt.co.uk/f...-Health-Issues

Elsa x

[Walsh1]

Re: Walsh1's UE Diary

Thanks for that. It's just the return of something. Don't really want to say but think you will know what I mean when I say it's returned secondary after five years. Typical these idiots return at the same time. Anyway never give up fight the fight. No probs with nhs they have been fab. Thanks

[nightwatch]

Re: Walsh1's UE Diary

hope your wife's ok Walsh

[Walsh1]

Re: Walsh1's UE Diary

Start of Diary
August 2014

Type of Account; Capital1 credit card

Date commenced: 26/04/2004

Approx balance; £1600+

Date of last payment; 06/08/2008

No arrangement, no payments made.

Account Status; Default

Account owner now; Lowell Portfolio 1

Letter from Lowell Portfolio1 dated 01/08/2014 saying they are now the new owner of alledged debt received 06/08/2014


Letter from Capital 1 dated 01/08/ 2014 saying they had sold the alleged debt to Lowell Portfolio 1 recieved 08/08/2014 . Letter obviously from Lowell in their envelope with LOW 101 code on side of letter.


14/08/2014 Uploaded documents today

1. Application form, Cap 1 say is the executed agreement. An ultra short application form.

2. When I said to them no prescribed terms they sent them saying this is a copy of the back of the ultra short application form.
3. When I told them the only thing on the back was a Capital 1 logo and a return address and what they sent had a different code. They sent the terms and conditions, uploaded
4. Uploaded Default note the only one I received. They said they sent a default note for the total amount on the 7 Jan 2009 but they did not have a copy of it. I never received one.
5. uploaded two letters from Cap 1. These explain their thinking, lol

Thanks every one and Never In Doubt.I know you are very busy. Nothing further yet fro Lowell

[Never-In-Doubt]

Re: Walsh1's UE Diary

Date of last payment; 06/08/2008

Excellent - so this is now officially Statute Barred

Your agreement, by the way, is indeed enforceable so you blagged this luckily -


I have replied to your secure upload page, others cannot see that - only me