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  • #1

    Walsh1's UE Diary

    Hi I am new here. Had exactly all the same from Lowell this week. Seen off Capquest then did not hear anything for years. The account started 2004 defaulted 2009. The cca cap 1 sent back was an ultra short application form without the prescribed terms. Then they sent various copies of terms and cond and said they where on the back lol no links. They have stated that they did en't need to send this with the sig on. This was before Wakeman. When they realised they really did not need to send it. They tried to cover up by sending unsigned terms and cons in a recon form lol. So should I now cca Lowell. It is all crap
    Tags: abuse of process, act, action, application form, apr, arrangement, cab, capquest, card, cca, cca request, con, conduct, consumer, consumer credit, court, credit, credit card, creditor, date, dca, debt, default, default notice, defaulted, defence, financial, fine, free, letter, licence, list, loan, lost, lowell, niddy, ombudsman, paid, prescribed terms, questions, reference, size, statute, statute barred, ue diary, unenforceability, unlawful
  • #2
    Re: THE TECH CLERKS - CAPITAL ONE = LOWELLS NOW

    we are awaiting next Lowell move, seems a record shows 5 letters from lowells then couple thru Reds etc.,no threat as yet, so time to narrow default dates ? keep an eye open as we are and report anything, they are chasing Capital Ones selling off to clear their books and gain funds against tax etc it seems, sold in dispute from us maybe later??

    suggest follow all the threads live on lowells in the last few weeks and keep up dated.
    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.

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    • #3
      Re: Walsh1's UE Diary

      Hi Walsh1 and welcome to AAD, I've moved your post and started a new thread for you in our UE diary section.

      Please read this thread first -- > Unenforceability Diaries - Read me First!

      Best wishes
      IF
      "If wishes were horses, beggars would ride"

      Comment

      • #4
        Re: Walsh1's UE Diary

        Originally posted by Walsh1 View Post
        Hi I am new here. Had exactly all the same from Lowell this week. Seen off Capquest then did not hear anything for years. The account started 2004 defaulted 2009. The cca cap 1 sent back was an ultra short application form without the prescribed terms. Then they sent various copies of terms and cond and said they where on the back lol no links. They have stated that they did en't need to send this with the sig on. This was before Wakeman. When they realised they really did not need to send it. They tried to cover up by sending unsigned terms and cons in a recon form lol. So should I now cca Lowell. It is all crap
        welcome to AAD

        Do you know when this was last paid, not just a full payment but any payment at all?

        I am presuming that you have received the initial letter and notice of assignment in one envelope?

        If so, I'd wait until the next letter from Lowell and then send of the CCA request..

        Meanwhile it wuld help us to help you if you could set out your diary like this

        • Type of account (credit card/loan)

        • Date commenced (ideally before Apr 2007)

        • Approx balance

        • Date last paid (approximate date you last made a FULL payment)

        • Are you on arrangement or not paying

        • Status (default/in arrears/up-to-date)

        • Account owner (who is writing to you, a DCA or the lender)





        If you haven't already, have a good read here http://forums.all-about-debt.co.uk/s...-Read-me-First!

        feel free to ask any questions, we have a quite a few members here who are well into the UE process and everyone is happy to help

        Good Luck!!

        Comment

        • #5
          Re: Walsh1's UE Diary

          Looking at this thread, wonder when I will get the letter from Lowell, over 4 years now with Crap 1.

          Comment

          • #6
            Re: Walsh1's UE Diary

            Just a quick thank u for the replies. Thanks If for the diary. Mrs D thanks for the advice and how to set up and start the diary still finding my way around the site. Thanks The Tech Clerk will start the diary proper tomoz and keep u all well informed of developments. Just gone through 2 years with M&S. All the same crap passed to every DCA u can think of. All returned to them. Thought they would sell it on. Then got a letter off them no explaination just saying settled in full. Then Crap 1 was my only remaining outstanding got rid of them for years hoping for SD then they sell it on to these nice people lol. Nice to find liked minded people. So a big thanks and will provide all detail like Mrs D suggested tomoz. Will have a good read of what u said Mrs D

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            • #7
              Re: Walsh1's UE Diary

              that's fine, just one thing you're not hoping for an SD statutary demand

              Comment

              • #8
                Re: Walsh1's UE Diary

                Sorry Mrs D a SB certainly not a SD lol

                Comment

                • #9
                  Re: Walsh1's UE Diary

                  and a warm welcome from me xx
                  Cap 1 passed mine to umpteen DCA's will have to check my diary to remember who has it now
                  Better check Hubbys too.

                  good luck x
                  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

                  • #10
                    Re: Walsh1's UE Diary

                    Thanks nightwatch, hope yours goes well, keep the faith

                    Comment

                    • #11
                      Re: Walsh1's UE Diary

                      Originally posted by nightwatch View Post
                      and a warm welcome from me xx
                      Cap 1 passed mine to umpteen DCA's will have to check my diary to remember who has it now link financial, not paid since jan 2012
                      Better check Hubbys too. Hubbys went to 4 DCA's then was taken back by Carp1 still there so may get a letter from Lowell

                      good luck x
                      just checked x
                      Last edited by nightwatch; 11 August 2014, 11:08. Reason: back to the future
                      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

                      • #12
                        Re: Walsh1's UE Diary

                        If you have any agreements, be good to let me have a mooch and see whether they're EN or UE
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                        • #13
                          Re: Walsh1's UE Diary

                          Hi thanks for that. Going to sort all the stuff out tonight and will send them once I work out how and will start the diary proper tonight. Just out and about at the moment. After I sent cap I the cca years ago. They sent the usual no sig crap. Anyway I wrote to dear Ellie everyday and eventually they said they don't need to, but sent me a ultra short application form,from 2004 with my sig and theirs and said that was the cca which evidenced it was legally enforceable. Obviously no prescribed terms. So I just argued and argued a forest of paper. Went to Capquest then after many letters returned to Cap 1 with an aploogy from Capquest lol. Then dear Ellie from Cap 1,went on maternity leave. When I said no prescribed terms they sent terms and conds and said they where on the back of the application. I replied oh no, diff ref number they then sent a copy of the terms and conditions that they sent with the card unsigned. We then had the court cases wakeman, carley v etc. they then realised they had a problem. They had sent an actual copy of what they called the cca and confirmed this in their letter. After the court cases they realised that they did not need to send a copy of the true original and they tried to cover up by sending what they called a recon agreement with no sig etc. after more crap all went quiet till the letter from Lowell. Thats the history a rainforest of communication lol. But I have kept everything even the envelopes lol. Thanks for the help will upload when I work it all out.

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                          • #14
                            Re: Walsh1's UE Diary

                            Hello Walsh and to AAD


                            Originally posted by Never-In-Doubt View Post
                            If you have any agreements, be good to let me have a mooch and see whether they're EN or UE

                            Originally posted by Walsh1 View Post
                            will upload when I work it all out.

                            When you get a credit agreement this is how you can send it to Niddy to check

                            http://forums.all-about-debt.co.uk/s...l=1#post416754

                            Comment

                            • #15
                              Re: Walsh1's UE Diary

                              Thanks for that will upload the one cap 1 sent and said it proved their case lol. Not cca Lowell yet. Thanks for the way to upload. Will do it all def tonight. Just out at the moment. Forgot to mention had the idiots from Debitas non stop on the phone for a time. Indian call centre part of Crap 1 inhouse collections lol

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