Cadwallader's UE Diary

[nightwatch]

Re: Cadwallader's UE Diary

I agree Seamus, going off the last payment to Cap 1

has any payment been made to any one else since 2009 ?

[cadwallader]

Re: Cadwallader's UE Diary

No, no payments made since April 2009. Niddy suggested (post #51) that I should try & keep going until 19 June, which is the 6th anniversary of default being registered at CRAs. I think this was because Lowell have tried to claim SB date can be 6 years from date of registration of default although AAD has beaten them on this point before. Just being safe really, Niddy said probably SB since April.

[Pixie]

Re: Cadwallader's UE Diary

That letter seems to be a standard reply. It would seem that it's SB but I would wait a week or so and then send the Statute Barred template . You're only a couple of weeks away from 19th June so by the time they receive it that date should have passed

[Seamus]

Re: Cadwallader's UE Diary

Isn't it wrong what Lowells are doing though, as they are using a case which was a Hire Purchase agreement to say that SB starts from the 6 year default date?

S

[Pixie]

Re: Cadwallader's UE Diary

Isn't it wrong what Lowells are doing though, as they are using a case which was a Hire Purchase agreement to say that SB starts from the 6 year default date?

S

We've had discussions about that before on the forum Seamus. In all likelihood the account has been SB since early May (date of missed payment) but Niddy was just erring on the side of caution when he said to try to get to 19th June.

[Seamus]

Re: Cadwallader's UE Diary

Thanks Pixie, I'm in a similar situation with them, so I want to get it right too.

S

[cadwallader]

Re: Cadwallader's UE Diary

Lowell / Cap One

Just got back from a short break to find letter dated 22 June from Lowell:

Your account is now closed

We have today reviewed your overdue account.
We have discovered that Section (5) of the Limitation Act 1980 now applies to your account (this relates to the amount of time passing between now and the time you incurred the debt) and we will no longer be asking you for payment.
We will not send you any more letters and we have now closed your account with Lowell.

Will keep very safe!! They do not seem to fully understand the SB bit - would be good if the SB clock really did start from the time the debt was incurred.

Thanks to everyone who helped me get to this point.

Regards
C

[Pixie]

Re: Cadwallader's UE Diary

That's great news!

[alland]

Re: Cadwallader's UE Diary

Always nice to read good news, well done

[Seamus]

Re: Cadwallader's UE Diary

Excellent news, congrats......my last payment was in May 2009, so next time they contact me I shall be sending them the SB template hopefully with a similar outcome to yours.

[nightwatch]

Re: Cadwallader's UE Diary

Well done on this one, I do so like good news xxx

[cadwallader]

Re: Cadwallader's UE Diary

Good luck Seamus

[Seamus]

Re: Cadwallader's UE Diary

Thanks Cadwallader, can I just check, at what stage did you send the SB letter to them, did you wait until the 19th june as advised by Niddy?

S

[cadwallader]

Re: Cadwallader's UE Diary

Hi Seamus. I sent it 17 June as I was going away that day so they would have got it 18 or 19 June.

C

[Seamus]

Re: Cadwallader's UE Diary

Ta very much.

s

- - - Updated - - -

One last thing, how do you find the date of that default?

S