Cadwallader's UE Diary

[cadwallader]

Re: Cadwallader's UE Diary

Today received latest chase letter from Lowell dated 6 Feb 2015:

We have not heard from you

We have recently tried to contact you after answering a query you raised on your account to discuss and offered you the options to pay this in full, or in affordable instalments but unfortunately we have still not received any commitment from you to repay your account. Please call us on 0844 844 4716 at your earliest convenience·.

What happens next?

We are willing to do all we can to help you clear your balance but if you do not contact us to arrange repayment your account will be passed to our collections department or one of our approved debt collection agencies. They will be instructed to contact you to discuss this debt and seek to recover the outstanding balance.

Are you struggling to afford repayment?

If you feel you are struggling with your debts we can offer you an affordable arrangement that recognises your current financial circumstances. Alternatively there are a number of free, impartial advice agencies that may be able to help such as Step Change Debt Charity (formally CCCS). You can call them on 0800 138 1111 or visit www.stepchange.org.

Do I need to respond at this point or just wait for their next letter?

Thanks

[MrsD]

Re: Cadwallader's UE Diary

I would do a one liner

Dear Idiots

Please refer to the letter of blah blah signed for at your office on blah blah.

yours

Cadwallader

I always like to have a nice neat paper trail

[cadwallader]

Re: Cadwallader's UE Diary

Thanks MrsD, will do.

[cadwallader]

Re: Cadwallader's UE Diary

My last full monthly payment to Cap 1 was Jan 2009. I then made token payments of £1 in Feb, Mar & Apr 2009. The April payment was the last time I acknowledged the debt. Will the statute barred date be the date of the last token payment or will it be the first payment due date after the Apr £1 payment?

Many thanks

C

[Deepie]

Re: Cadwallader's UE Diary

My last full monthly payment to Cap 1 was Jan 2009. I then made token payments of £1 in Feb, Mar & Apr 2009. The April payment was the last time I acknowledged the debt. Will the statute barred date be the date of the last token payment or will it be the first payment due date after the Apr £1 payment?

Many thanks

C

Day after Aprils last payment ...then It will be SB

[MrsD]

Re: Cadwallader's UE Diary

I'd give it a month after the last payment date Remember you don't need to do anything, you just need to be sure then you can just bat them off if they come sniffing.

It just a hairy few months until you're there, just keep coming back here with their replies

[cadwallader]

Re: Cadwallader's UE Diary

Thanks Deepie & MrsD

[cadwallader]

Re: Cadwallader's UE Diary

Latest CCA response from Lowell dated 14 April 2015 received today. Same documents as before. Are putting on hold for 30 days whilst they await my proposals for repayment

To recap:

Original creditor Capital One now owned by Lowell
•Type of account Credit card
•Date commenced May 2002
•Approx. balance £13k
•Date last paid Last full monthly payment made 13 Jan 2009
•Token payments £1 made: 24 Feb, 15 Mar & 3 Apr 2009

[Pixie]

Re: Cadwallader's UE Diary

By the time the 30 days is up it'll be SB

[cadwallader]

Re: Cadwallader's UE Diary

CAPITAL ONE / Lowwell

• 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

Lowell sent response to my latest CCA request on 14 April (same docs as previously) & gave me 30 days to send proposals for repayment. Have now received follow up letter dated 14 May saying nothing received, failure to respond to this notice may result in further action being taken to recover the monies owed.

My last token payment to Cap One was £1 on 3rd April 2009. I have paid nothing since then but there are two internal adjustments made by Cap One dated 27 May 2009 each for approx £40. I have a copy Cap One e-mail in a SAR response which refers to them being refunds of late & overlimit fees. I did not request these adjustments.

Should I send Lowell the statute barred letter or hold them off until after the 27 May?

Many thanks
C

[The Tech Clerk]

Re: Cadwallader's UE Diary

I would, see what they come back with.

[nightwatch]

Re: Cadwallader's UE Diary

I think I would hold fire for the moment and see what Lowell send as "Further Action"

[Undercover Elsa]

Re: Cadwallader's UE Diary

Was this account defaulted and terminated prior to your last token payment?
(Lowells are fond of arguing that the SB clock doesn't start till after default or termination, quoting BMW v Hart. We think it's baloney and have knocked them back on it before, but some care needed here.)

[Seamus]

Re: Cadwallader's UE Diary

Was this account defaulted and terminated prior to your last token payment?
(Lowells are fond of arguing that the SB clock doesn't start till after default or termination, quoting BMW v Hart. We think it's baloney and have knocked them back on it before, but some care needed here.)

Have Lowells or anyone else ever been successful in court with a credit card debt with their view of when the SB clock starts?

S

[cadwallader]

Re: Cadwallader's UE Diary

Hi Elsa

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)

Regards

Cadwallader