Cadwallader's UE Diary

[Undercover Elsa]

Re: Cadwallader's UE Diary

Why not? Keep them busy for a wee while longer

[Never-In-Doubt]

Re: Cadwallader's UE Diary

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

BMW v HART - however that's specific to hire purchase but as the debtor repudiated the agreement by returning the vehicle / keys - THAT reset the pack as a cause of action.

Totally itrekevant to cards / loans.

[Never-In-Doubt]

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

when did they last RESPOND to a CCA Request? You need to wait a full month (yes from last request but that means completed request / last action).

So if you've not don't a CCA Request for a good few months then sure, send another.

[Never-In-Doubt]

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.

Based on this post answering my last post above, I'd actually respond with the Missing PT's Template. Not send a new CCA. Wait a while

[cadwallader]

Re: Cadwallader's UE Diary

OK Niddy, will do.

C

[Never-In-Doubt]

Re: Cadwallader's UE Diary

Replied to email too

The statement and DN are quite out, considering there's only two months between them but I think it's safe to say this MIGHT be SB already.

If a DN was issued in June 2009 then chances are this is already SB from maybe March / April 2015 (at a guess).


Thus I'd carry on for now, send the missing PT's template as per your thread on AAD. It buys some added time just to be safe.

[cadwallader]

Re: Cadwallader's UE Diary

Adding a new card - Co-Op Bank Credit Card No.1 (have 2 cards with them)

Asset LINK Capital advised 30 December 2014 that they have bought debt from
Co-op Bank. They enclosed a letter from Co-Op, also dated 30 December, confirming this.

Briefly, account details as follows:

•Original creditor Co-Operative Bank
•Type of account Credit card
•Date commenced 1983
•Approx. balance £2.3k
•Date last paid Last full monthly payment made 14 Jan 2009 but see below re remedying DN.
•Token payments £1 made: Feb, Mar & Apr 2009
•Arrangement or not paying Not paying
•Status Default
•DCA – Link Financial

1 April 2009 - Default Notice issued. Requested payment of arrears £89 by 15 April
2009

15 April 2009 - £90 credited to my account (as confirmed by Co-Op statement) thereby complying with DN

1 April 2009 - ‘Cancellation Notice’ issued which also advised account had been
terminated.

No further payments made.

14 July 2009 – SAR response from Co-Op. Accompanying letter states unable to include copy of original signed agreement as the account was opened in 1983 so they no longer have this document on record.

15 Dec 2009 - Date of default in CRA records (as in Experian & Equifax reports from 2010)

30 Dec 2014 – Asset Link Capital advised Co-Op sold account to Asset Link Capital (N0.5) Ltd on 15/12/2014. Included letter from Co-Op confirming the same.

30 April 2015 - Letter from Link Financial saying want to ‘organise a time to talk
about making affordable arrangement to clear the balance’

15 May 2015 – Letter from Link Financial. Ignoring this notice will not make this
debt go away. Please call us to discuss what options available.

17 June 2015 - SB letter sent

22 June 2015 - Link response to SB letter. All action being held whilst they consider the details sent to them. Will provide response in due course.

2 Dec 2015 - Link response - no further action to be taken on the account and the matter is closed.

[The Tech Clerk]

Re: Cadwallader's UE Diary

15 May 2015 – Letter from Link Financial. Ignoring this notice will not make this
debt go away. Please call us to discuss what options available.

Intelligent are they not i.e. it will not go away, they must of just come out of kindergarten!

[Grassy_K]

Re: Cadwallader's UE Diary

I am in exactly the same boat re a co-op debt sale to Asset Link in December 2024. Sent them a SWID and they've gone quiet for a bit.

[cadwallader]

Re: Cadwallader's UE Diary

Co-Op Bank / Link Financial

Should I respond to Link at this stage (post #52) or should I wait to see what they send next? Can't seem to find much about Link on the forum so not sure how aggressive / effective they are.

Thanks

C

[Deepie]

Re: Cadwallader's UE Diary

Co-Op Bank / Link Financial

Should I respond to Link at this stage (post #52) or should I wait to see what they send next? Can't seem to find much about Link on the forum so not sure how aggressive / effective they are.

Thanks

C

From what I just read this is SB ....??

You last paid anything in April 2009 ??

If that's the case send -----> Statute Barred Template

[Never-In-Doubt]

Re: Cadwallader's UE Diary

Cheers Deepie

[cadwallader]

Re: Cadwallader's UE Diary

Thanks Deepie & Niddy. Will send SB template letter

C

[cadwallader]

Re: Cadwallader's UE Diary

Lowell / Cap One

•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)

Today response to missing PT letter received from Lowell (dated 4 June):

We thank you for your recent letter and apologise for the delay in replying.

We have noted your comments and would advise you that 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. Detailed copy statements to evidence the credit used by you under this facility have also been provided.

You have stated, however, that the copy credit agreement supplied to you does not contain the prescribed terms required under the Consumer Credit (Agreements) Regulations 1983 and that as a result Lowell are unable to enforce payment of the debt due against the agreement.

We see that you have failed to specify the terms of the agreement that you believe are missing and after considering the agreement both Capital One and Lowell believe that the agreement is legally enforceable.

We look forward to hearing from you within 14 days with your specific reasons if you still believe that certain terms have been omitted from the credit agreement failing which we will return your account to our collections department to take further action to recover the debt due.

We hope this will not be necessary as we believe that we will be able to agree a re-payment plan with you that suit your financial circumstances.



Given the sequence of events in 2009 how should I respond to this?

Thanks

C

[Seamus]

Re: Cadwallader's UE Diary

Last payment 3 April 2009, surely this is now Statute Barred?

S.