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Everything posted by wednesday1867

  1. Thanks for the replies and debt4get, lets hope thats the case
  2. Hey all, Just a quick background on this, account was with Capital One, CCA'd them and got the usual rubbish agreement back, so i stopped paying Capital One. The account then got moved on to Lowells, i CCA'd them and after a few months, they supplied the usual rubbish agreement, i told them it was unenforcable and up until such time an enforcable agreement is supplied, i wont be resuming payment. This went on for a while and they then sent me the same agreement again and requested payment, i didnt reply to them as i was telling them what i had already told them before, must of been a 12 month gap mind. Anyway, ive been getting the letters asking to pay or enter a payment plan. I havent replied to any, this week though, i recieved a "Pre Litigation" letter, obviously if they want to start court proceedings then so be it, i believe i'm in the right? I'm just after help on bringing this to a conclusion, its obvious the agreement is a duff, so how do i stop the waste of paper coming from Lowells? This is my agreement (dated 2005) and i use that term loosely I know Lowells have bought the account, as on my credit file, it shows as Lowells who defaulted me, Capital One don't appear on my file, well they don't with Experian. I suppose getting the default removed would be pushing it? Thanks for any help/info/pointers
  3. Thanks for the reply, i was told it was unenforcable too, the last reasons i gave were, that the document is a pre contractual application/agreement. Its just i haven't heard from them in over a year, i don't know if its just housekeeping they are doing or not, but want to make sure nothing has changed legally in that time, can i still say its a pre contractual application and keep the account in dispute up until such time an enforcable agreement turns up? Or have things changed now and i should recommence payment? Thanks
  4. Hey all My problem with Capital One goes back a few years, to be honest i thought it was done, but there you go, hence why i'm again asking questions Sent Cap One a CCA, they provided the agreement below, i ceased payment as the account wa sin dispute and they provided what i think is an unenforcable agreement. The account then got passed to Lowell Financial, who i last heard from January 2009, i asked them for an agreement, didn't hear anything til this week. They sent a copy of the agreement with a page of T&C's stapled to it. Requesting payment within 7 days (even thought they pasted 4 days after the date of the letter ) Is the legal stuff all the same, is that document unenforcable as an agreement? Should i be worried by their threats of court action, or should i just reply to them saying its unenforcable on these points and until such time they produce one the account will stay in dispute? This is the agreement Thanks for any help or info
  5. Thanks for the reply. Do i go from date of each charge to now or to when i settled my account? The FOS guy told me to get back in touch if i had any problems with payment, ill give him a try first.
  6. I have just been through the FOS to settle a complaint with MBNA regarding wrongful PPI. FOS ruled in my favour and awarded me the premiums back and associated interest. Now my problem is with the interest, no figure has ever been discussed, but when i received the cheque, the interest was roughly £30, even though the premiums are dated between 2003 and 2005, so how or what calculation have they used to get interest to £30? I have calculated 8% interest from the date of each charge and that equates to around £200. Even calculating 8% interest from the date of my complaint to today is £55. Do i have to accept the interest paid as i signed an acceptance form, but the form stated the premiums and all associated interest, no figure was stated for interest. How should i be calculating the interest, the account is now closed. Thanks for offering any help.
  7. All ive got is a rejigged statement of evdidence, do i need to include anything else, even though i have sent off my bundle ages ago.
  8. Is there any guidance or tip anywhere on putting together a tip top skeleton argument ? Thanks
  9. Martin tried to reply to your pm, but your inbox is full Not full anymore
  10. Well in a recent allocation hearing, Judge told me Citi had a good argument, giving me the impression its not going to go my way
  11. Any ideas? Do i write back saying, i wont be going to the FOS, i will be issueing court papers challenging the enforcability of the alleged agreement and i must have their confirmation under CPR rules that the supplied document is the one they would rely upon in court?
  12. Got me thinking Red Dwarf now, got the set on DVD with all special ones with replicas of Starbug and a Scutter Much prefer the earlier series when it was just the 4of them. How can we forget Dwayne Dibley........
  13. Love it in Body Swap episode. Rimmer takes Listers body and crashes the ship Rimmer: Your not going to like this Lister: Youve lost my arm Rimmer: Ive lost your watch as well
  14. Quick Update, Egg looked into all this and stand by the online agreement saying i ticked the box online. I have written back saying what about the email requesting me to send back the signed agreement. I told them i dont recall signing it on line and that my next step would be court not the FOS, i asked as i didnt believe them for screenshots, they have provided them before. They wouldnt (or couldnt) send me them. I also asked if this online agreement is the one they would depend upon in court in accoradance with the CPR rules, again this question was dodged. I asked both those question 3 times, no answers, last letter told me they had given their final response and i should now contact the FOS to carry my complaint on. I dont want to do this, the FOS cant really help i feel. So my next step, either go to court and say i dont believe i signed this on line, would they have to supply evidence i did? Or is the agreement they sent me, proof enough? Surely it cant be? Or organise a payment plan. Ere dear..............
  15. Well i wrote to Lowell regarding the agreement or lack of enforcable agreement. Their reply goes along the lines of " i requested documentation under CCA section 78, they forwarded the required documentation to my address" "Whilst they appreciate that i feel this documentation is insufficient to comply with their obligition, Cap One feel this isnt the case. In light of this information they will continue to pursue the outstanding balance". So obviously as far as im aware the agreement is unenforcable and they cant enforce it and pursue it. Im struggling how to respond, so im thinking of something along the lines of. Thanks for your recent correspondance regarding Cap Ones obligation under s78 of the CCA. The agreement is unenforcable for .................(all these reasons)............... Then i get stuck on telling them they can go whistle and if they want to pursue they will have to take me to court Do i just say i dont acknowledge any debt to them up until such time an enforcable agreement is supplied? Ere i dunno
  16. Did you include a fee? Saying that, i'll try that first
  17. Had a look around and it seems to be an N244 form and a fee of £75 For that price it better get struck out Would i get the £75 back if it is struck out? Also can i get away without the need for a hearing? Don't really fancy waiting a few months for a date for them not to contest it?
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