Cadwallader's UE Diary

[PlanB]

Re: Cadwallader's UE Diary

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.

We have to be ultra careful with Lowells especially since this is a £13k debt which Niddy has said is enforceable (have I got that bit right?).

Can you confirm that you have not sent any reply to Lowells after they sent you your CCA request response on 15th April?

[cadwallader]

Re: Cadwallader's UE Diary

Hi Plan B

Yes, approx.£13k & Niddy said enforceable.

I have not sent any reply to Lowell after they sent their CCA request response on 14th April.

[PlanB]

Re: Cadwallader's UE Diary

Hi Plan B

Yes, approx.£13k & Niddy said enforceable.

I have not sent any reply to Lowell after they sent their CCA request response on 14th April.

Then you must send them something. You cannot ignore this.

I'll flag this up for attention as I haven't read your thread so I'm not familiar with the debt.

Plan B x

[cadwallader]

Re: Cadwallader's UE Diary

Thanks

[Undercover Elsa]

Re: Cadwallader's UE Diary

Hi Cadwallader, could you email me a copy of the last letter they sent, and a copy of that Default Notice? Did they send a separate Termination Notice too?


They haven't pursued the BMW v Hart route for credit card or loan debts through the courts as far as I'm aware. They have responded to some Statute Barred letters quoting it, but we've seen them off on that score so far. It was a case concerning a very specifically worded car finance agreement, hence we feel not relevant.

[Seamus]

Re: Cadwallader's UE Diary

Tks Elsa.

S

[cadwallader]

Re: Cadwallader's UE Diary

Hi Elsa

Have scanned the various documents - how do I get them to you?

Thanks

cadwallader

[cadwallader]

Re: Cadwallader's UE Diary

Self answer!! send them via 'send e-mail' button !!

[cadwallader]

Re: Cadwallader's UE Diary

How to I send a document as an attachment - I can't see the attach option under 'send e-mail'

Thanks

[PlanB]

Re: Cadwallader's UE Diary

Hi Elsa

Have scanned the various documents - how do I get them to you?

Send via email using undercoverelsa@all-about-debt.co.uk and copy to Niddy using webmaster@all-about-debt.co.uk

[cadwallader]

Re: Cadwallader's UE Diary

Thanks PlanB

Docs now sent.

[PlanB]

Re: Cadwallader's UE Diary

Thanks PlanB

Docs now sent.

Excellent.

The thing is this debt is on the cusp of being SB, in fact it might already be SB within the last few days, so you don't want to miss an opportunity to send a letter which could hold off legal proceedings a little longer just in case the dates are a bit touch-and-go.

Has anyone pronounced your debt officially SB?

Elsa needs to see that letter from Lowells so we can asses whether it's a formal LBA disguised as an idle threat. They sometimes can be.

[cadwallader]

Re: Cadwallader's UE Diary

Thanks PlanB

The letter has gone to Elsa. No-one has pronounced the debt SB, the only mentions are in this thread. I am being very careful in what I do and am only doing as advised by you all - I don't want to accidentally screw things up this far along the process!!

Rgds
C

[Undercover Elsa]

Re: Cadwallader's UE Diary

It's not a formal LBA, it doesn't specify legal proceedings. In fact you've had the exact same letter from them a few months ago, with the same grammatical error.

"We regret 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 moneys owed by you."(sic)

I kid you not, that is their exact wording

Looking at the DN & "Statement of Default", you'll be home and dry even by their questionable standards on 19th June, the official termination.
However, according to how we normally judge it, it will be Statute Barred now.


Your call - you can either wait and see what they send next, or, if you're sure of your dates, send the Statute Barred Letter and if they come up with the BMW v Hart argument we'll deal with it. I'll try and find the letter I did for another member, which made them back off.
Or..does anyone else have any other thoughts on a stalling tactic? Maybe send the Letter Before Action Response anyway, to keep them occupied for a bit longer?

[cadwallader]

Re: Cadwallader's UE Diary

Is it worth sending another CCA request? I think I read somewhere on here you are entitled to if more than a month has elapsed since any previous request. If Lowell follow their normal process it will take them a month or so to send the CCA and then 30 days for me to make a repayment offer. Should take us beyond 19 June!

Rgds
C