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  • Cadwallader's UE Diary

    This is a summary & continuation of the thread I started "Cap 1 sold to Lowell" at http://forums.all-about-debt.co.uk/s...sold-to-Lowell


    I, like others here, heard recently from Lowell that they had bought my account from Capital 1.

    Briefly, account details as follows:

    •Original creditor Capital One
    •Type of account Credit card
    •Date commenced May 2002
    •Approx. balance £13k
    •Date last paid Last full monthly payment made Jan 2009
    •Token payments £1 made: Feb, Mar & Apr 2009
    •Arrangement or not paying Not paying
    •Status Default
    •Last token pt. received by Cap One on 3 April 2009
    •Default Notice issued by Cap One dated 17 May 2009. The DN confirmed "we have terminated your account"
    •Default date on Experian & Equifax 19 Jun 2009 (from credit check reports I got in 2010)

    Last correspondence from Capital 1 / Capquest December 009. Nothing further until Lowell in Aug 2014.

    1 Aug 2014- Letter from Capital 1 advising account sold to Lowell Portfolio 1 Ltd on 24/07/14.

    1 Aug 2014 - Letter from Lowell Portfolio 1 Ltd advising account sold to them on 24/07/2014.

    19 Aug 2014 - Letter from Lowell Financial. Account passed to them as unpaid and no agreement to pay. Please pay up. If do not pay will get copy of your credit file etc.

    1 Sep 2014 - Letter from Lowell Financial. Please pay up.

    15 Sep 2014 - Letter from Lowell Financial. Have now got copy of credit file and see you are a homeowner etc. If do not pay within 15 days no choice but to prepare account for further action.

    30 Sep 2014 - Letter from Lowell Financial. Now sending to Hamptons Legal.

    4 Oct 2014 - s.78 request sent to Lowell Financial.

    20 Nov 2014 - Lowell advise Cap 1 advised CCA no longer available and they (Lowell) are closing the account.

    18 Dec 2014 - Lowell send CCA response which Niddy says is enforceable.

    29 Dec 2014 - Letters from Lowell restart -
    Here is the text of the letter:
    “We regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non-payment

    Failure to respond to this notice may result in further action been taken
    to recover the monies owed by you.

    We urge you to call one of our advisors to prevent action being taken,
    please call:

    0844 844 4716”


    3 Jan 2015 - Missing PT letter sent to Lowell (signed for 6 Jan 2015)

    8 Jan 2015 - Letter received dated 5 Jan from Lowell (so sent by them prior to receiving missing PT letter)
    "We have not heard from you
    We refer to previous correspondence. We have provided the information that you requested and asked you to contact us to discuss the account. We will work with you to agree an affordable repayment arrangement so that this matter can be resolved.

    What happens next?
    If you do not contact us within 7 days of the date of this letter to arrange repayment of your account or to discuss the matter, then your account will be passed to our collections department. Your account may, then, be assessed to decide the best course of action to recover the debt or, alternatively, one of our approved debt collection agencies will be instructed to contact you to arrange recovery of the outstanding balance ."

    9 Jan 2015 - Reply to my missing PT letter received today from Lowell dated 7 Jan 2015. See post #9 for text.26 Jan 2015 - Letter from Lowell dated 22 Jan 2015 - "We haven't heard from you etc.." Text of letter in post #13

    11 Feb 2015 - Letter from Lowell dated 6 Feb 2015 - We have not heard from you etc. Text of letter in post #16

    16 Feb 2015 - New CA request sent. Various 'we are trying to obtain it' letters received.

    14 Apr 2015 - Copy CCA sent by Lowell. They re stopping collections activity for 30 days so I can send proposals for repayment.

    14 May 2015 - Regret to note we have not received payment or valid reason etc. Failure to respond may result in further action been (sic) taken to recover etc.

    19 May 2015 - Missing PT letter sent

    5 June 2015 - Lowell response (dated 4 June 2015) to missing PT letter received (see post 59)

    17 June 2015 - SB letter sent to Lowell

    22 June 2015 - Lowell response - Acknowledged SB and account closed
    Last edited by cadwallader; 2 July 2015, 12:22. Reason: update

  • #2
    Re: Cadwallader's UE Diary

    RED/Hampton/Lowell - Support Group

    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


    • #3
      Re: Cadwallader's UE Diary

      OK if you ceased contractual payments in Jan 2009, then made token payments, the SB clock started the day after the last token payment in April 2009. When did they actually default you? (Lowell have a novel idea that SB starts from default date).
      Procrastination is key, leave everything to near the end of any deadlines before responding, and let us know everything they send
      Elsa x

      Comment


      • #4
        Re: Cadwallader's UE Diary

        Capital One default notice dated 17 May 2009 (& gave 28 days from date of DN to rectify)

        Comment


        • #5
          Re: Cadwallader's UE Diary

          8 Jan 2015 - Letter received dated 5 Jan from Lowell (so sent by them prior to receiving missing PT letter)
          "We have not heard from you
          We refer to previous correspondence. We have provided the information that you requested and asked you to contact us to discuss the account. We will work with you to agree an affordable repayment arrangement so that this matter can be resolved.

          What happens next?
          If you do not contact us within 7 days of the date of this letter to arrange repayment of your account or to discuss the matter, then your account will be passed to our collections department. Your account may, then, be assessed to decide the best course of action to recover the debt or, alternatively, one of our approved debt collection agencies will be instructed to contact you to arrange recovery of the outstanding balance ."

          Comment


          • #6
            Re: Cadwallader's UE Diary

            I would wait for the response to the missing pts letter if it was me

            Comment


            • #7
              Re: Cadwallader's UE Diary

              Originally posted by Undercover Elsa View Post
              I would wait for the response to the missing pts letter if it was me
              as above
              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


              • #8
                Re: Cadwallader's UE Diary

                OK, will wait. Thanks

                Comment


                • #9
                  Re: Cadwallader's UE Diary

                  That wasn't a long wait! Reply to my missing PT letter received today from Lowell dated 7 Jan 2015. Text as below:

                  "We thank you for your recent letter and have noted your comments with regards to the documentation provided in response to your formal CCA request.

                  Following your completion of the application form and its acceptance by Capital One, the credit card was sent to you with the terms and conditions applicable to your account, prior to any use of the card. The application form clearly states that you are signing an agreement and by doing so you agree to be legally bound by its terms. These were enclosed together with the latest set of variable terms and conditions that applied to the account.

                  The procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Details copy statements to evidence the credit used by you under this facility have also been provided.

                  Since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

                  Lowell has purchased this debt in good faith from Capital One whose records indicate that this debt is properly payable. Lowell has not received any indication from you if the debt claimed is denied and can confirm that we are comfortable with the fact that the documentation provided is sufficient to ensure that we have complied with your request under the provisions of the Consumer Credit Act.

                  On the basis that we have provided you with evidence that this debt is outstanding and belongs to you we should be grateful if you would contact us by telephone on 0844 844 4716 to discuss the ways in which you intend to repay this account which are affordable to you."

                  Any guidance on how to respond welcome!

                  Thanks

                  Comment


                  • #10
                    Re: Cadwallader's UE Diary

                    Quote: Since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed. Unquote.

                    Yes, but your account is one taken out in 2002..yes?

                    S

                    Comment


                    • #11
                      Re: Cadwallader's UE Diary

                      Yes, 2002.

                      Comment


                      • #12
                        Re: Cadwallader's UE Diary

                        They are right stating since 2007 BUT yours is prior to 2007 therefore section 127(3) is relevant, as with ours no doubt Prescribed terms not present at inception = Defence in any court case that is legislation, they try all sorts of deception / testing your knowledge, see what they send next in their threatogram drawers? unless others have comments/


                        If an agreement is unenforceable, then it is unenforceable because the agreement fails to comply with s61 Consumer Credit Act, s61 clearly states an agreement is “improperly executed unless……..” if we then turn to s65(1) Consumer Credit Act 1974 we find that an “improperly executed agreement is only enforceable by order of the Court”
                        If we look at s127(3) Consumer Credit Act 1974 which has now been repealed, that states
                        127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).
                        So, we say unenforceable but to use the term improperly executed would lead to the same conclusion.


                        T&Cs have to be there at inception! hence PT letter which lowells etc try to circumnavigate hoping you are none the wiser?
                        Last edited by The Tech Clerk; 9 January 2015, 12:57.
                        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


                        • #13
                          Re: Cadwallader's UE Diary

                          After a short break following my missing T&C & their reply, Lowell have now recommenced letters. Dated 22 Jan, rec'd 26 Jan - text as below:

                          Your recent query

                          Following our recent correspondence we haven't heard back from you yet. If you have any further questions about your account, please call or email and we'll be more than happy to help.

                          Next step
                          If we've answered your query, please call us on 0844 844 4716 or email us at post@lowellgroup.co.uk to arrange an affordable repayment plan suited to your current circumstances. Alternatively, you can visit our website at www.lowell.co.uk.

                          Should I reply to this or wait until their next response?

                          Thanks

                          Comment


                          • #14
                            Re: Cadwallader's UE Diary

                            I would wait to see which template letter next? seems every two weeks they despatch them, but look out for any indication of letter before action, let us know straight away details of any such letter.
                            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


                            • #15
                              Re: Cadwallader's UE Diary

                              OK, will do. Thanks.

                              Comment

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