Announcement

**The Tech Clerk** · 8 January 2015, 11:07

Re: Cadwallader's UE Diary

RED/Hampton/Lowell - Support Group

**Undercover Elsa** · 8 January 2015, 11:13

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

**cadwallader** · 8 January 2015, 11:35

Re: Cadwallader's UE Diary

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

**cadwallader** · 8 January 2015, 13:42

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 ."

**Undercover Elsa** · 8 January 2015, 14:32

Re: Cadwallader's UE Diary

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

**The Tech Clerk** · 8 January 2015, 14:42

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

**cadwallader** · 8 January 2015, 14:53

Re: Cadwallader's UE Diary

OK, will wait. Thanks

**cadwallader** · 9 January 2015, 12:24

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

**Seamus** · 9 January 2015, 12:40

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

**cadwallader** · 9 January 2015, 12:41

Re: Cadwallader's UE Diary

Yes, 2002.

**The Tech Clerk** · 9 January 2015, 12:42

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?

**cadwallader** · 27 January 2015, 08:29

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

**The Tech Clerk** · 27 January 2015, 09:03

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.

**cadwallader** · 27 January 2015, 09:17

Re: Cadwallader's UE Diary

OK, will do. Thanks.

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Cadwallader's UE Diary

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