can see it

Any advice re this CCA would be much appreciated as Lowell are now writing to me about twice a week.

Do I need to post up anything else?

I am still waiting for the full SAR from Capital One to arrive to determine when last payment was made.

Thanks

I'd not sweat over the letters

post them up if you like

but I'd bet they are just if,might, maybe threat-o-grams

not saying WILL anything.

sar will be interesting and dictate any next move you might make.

dx

Thanks, I am not too bothered by the letters, but feel as if it is a sort of "race against time" in reverse. ie if I did make one small payment in May 2009, I need to delay everything as much as possible. will post SAR as soon as received.

Hi, I have received the SAR documents today.

This is around 120 double sided pages of mainly statement data which is probably too much to scan.

It would seem that the last payment I made was on 15/05/2009 and

the default letter was sent 1/06/2009.

Please let me know what info (if any) you would like scanned up.

Many thanks

so cap1 statements confirm those payments you doubted were you?

dx

well its still not a "proper" statement as such, like the one I would have received when I was a customer, j

ust a printout from an excel spreadsheet or client management system.

I have scanned up a copy of the two pages showing the two payments.

I do remember making the payment in Jan 09, which was quite a big payment,

but not the smaller one in May 09, although its certainly possible.

Assuming the payment in May 09 happened,

then what is the best course of action?

Is the CCA in order?

hould I just set up a payment plan with Lowell?

that's typical of what you get from cap1 .

as it stands, it needs to be nailed down that the copy of

Ver 8 T+C's + default V14-are correct

I suspect, as do many on here far more conversant with CAP1 and what T&C's go with 'what' dates

it one that has been pulled from a filing cabinet somewhere and you name inserted on it.

it would be worth to look at other cap1 thread

and see if the marks around the endges and things like that

line up with other peoples copied of these Ver 8 T+C's + default V14 T&C's

if it could be proved that these are a copy with you name inserted

IMHO they are not enforceable

there is ofcourse still the other issue of the 'agreement' being nothing more than an application form too.

there are numerous things - like right to cancel box

that are missing.

dx

If it was enforceable now, would it become statute barred after 15th May 2015 anyway, or have I now acknowledged the debt by contacting CAP1 etc??

no you've not ack'd it by a cca nor sar

Hi there,

Have you got the Default Notice?

Forgive me for not reading the entire thread right now.

DD

I haven't been able to confirm or rule out whether the CCA they have sent me is enforceable or not.

I have read quite a few relevant forums but haven't been able to piece it all together really.

Am I best off just waiting on Lowell to see what they do next and then responding accordingly?

Or is there anything else I could/should do at this stage ?

Thanks

pdf please

I have now received the attached letter from Lowell.

I would be happy to pay affordable monthly payments if I could establish the CCA they sent was enforceable.

Seeing as it is not clear and it is so close to being statute barred,

I was wondering how I should respond to this letter if at all.

any advice would be appreciated.

Thanks

PDF AttachedThanks

std silly threat-o-gram

doesn't say will anywhere.

ps you need to remove ALL barcodes and the qbox tooto the right

it can be used to ID you.

dx

ok thanks, I will continue to sit it out. If I get served a court doc, will I have time to try and put a defence together at that point?

yes ofcourse

but its sb'd soon

next letter I bet will offer a discount.

any PENALTY charges or PPI on the statements

dx

still a couple of months away....... plenty of £12 default sums, late payment, over limit etc. But nothing after May 09. No PPI.

Lowell have now offered a 75% discount. Am almost tempted.........

told you that in post 67

oh what aND they have it on your cra file for another 6yrs

and they'll pass on the rest of the debt......

dx

Lowell have now offered a 75% discount. Am almost tempted.........

You sure it did not say Pay us 75% and not discount???

no definitely a 75% discount.

no definitely a 75% discount.

interesting ! must be begging letter?

I've had a combination of CCJ threats, and increasing discounts.

Its very close to becoming S barred,

so would like to hold on, but a 75% discount to get it sorted is quite tempting.

I have now moved house, and am a little concerned they may serve court papers to my old address

and I get a CCJ because I don't respond.

Is it best to contact them and tell them of change of address and inform them that it will be barred on X date.

Or just leave it ( I do have a redirect on my mail).

Thanks