Mikee, Just got back from the USA today having endured delays, incorrect seats etc with Monarch Airways. I will be posting a new thread on the site this week with details (once I recover!) But hey, let the 6 months begin, I`ve got plenty of time to devote to fighting this.

:rolleyes: Lowells recording of All calls started this week :rolleyes: So I guess they must now be considering taking people to court in the not too distant future :o

Lowells do now record their calls, and all conversations now begin with "All calls are recorded for Training Purposes" Bless!!

ammani, Let me be the first on here to say "Bloody Well Done To You!" The outcome was what you had asked for, and ok, a bit more on the compo would have been nice, but being aware of the Judges feelings about Crap1 not turning up is Priceless. Everyone learns from others experiences, and the one thing that anyone embarking on this from now,having read your thread will firstly learn is to Persevere, Stick to your Guns, Get set for the Long Haul, because at the end of the day, it`s all worth it when you get the right result. Enjoy yourself.

So ammani, How did you get on? I`ve rushed home from work today to be able to log on for an update. Don`t keep us in suspense for too long

ammani, Did you get a claim in for Quantifiable losses (compensation at the descretion of the court)? I may well have read that you had, but I`ve done a lot of reading today LOL

ammani, Sorry I have not been around for a while, but hey you sure have moved on at a pace, Well done!! Good Luck in court tomorrow (although I doubt that you will need any luck) I`d be supprised if Gonzo or Big Bird turn up at court from Cap1, so you`ll proberbly end up with just you and the Judge (and he sure won`t be impressed if your the only one there). If they turn up, relax, focus on the facts etc.

tifo, As you have his direct number and email, perhaps you could share it here with everybody, then we can all show him what it`s like to be called constantly, we can also bung up his email server too. I look forward to receiving the details

What is the issue with speaking to these crettins on the phone?

Thanks Paul, I`ll get the letter off to them in the morning. Would it be worth doing a CCA request? Also, if I sent a SAR then I should be able to find out how/where/who they got my works address from?

Paul, I`ve lived at the same address for 14 years, not moved at all. Do I have an avenue to go down regarding writing to me at work? anyone could have opened it. And based on my previous success with the Shabby, I do like the idea of a legal battle, especially if I can claim some compensation (Ohh I love that word, it brings back so many happy memories:p ) As I said in previous response, not concerned about the debt as it is not mine, it`s my previous employers. Cheers so far. Special Thanks to Lula hope your keeping well

Ell-enn Thanks for responding. One of the two accounts was a Company BC which was left with my former employers when they Unfairly Dismissed me on 10th Jan 2002. The other one, Lovells say is a BC in my name from 1995, which firstly I have only ever had one BC and that was the company one, and secondly the account number relates to a Mastercard (BC are Visa), so this one is someone else`s who I assume has the same surname as me. As both these are beyond the statute 6 years, and the fact that the only one that is mine was the Company Card, I`m not too bothered about the debt aspect, but am really keen to `Turn the Tables` on them if they have broken the law (more than happy to take them to court). Any advice appreciate

Briefley - Both Lowell`s and Red have sent me a total of 4 Letters to me at work. Apart from the fact that they could have been opened by anyone:o (Imagine the shame in the office) Surely they are not allowed to persue me at my work address? It would not be so bad, but one letter from each is about a Barclycard account from 1995 - so beyond the statute 6 years The other letter is also for a Barclaycard account (with a Mastercard number?) that is nothing to do with me, so they have written to me about someone else`s details. Any Advice?

Lowells and Red are the same company, if you phone Red the phone will be answered by Lowell`s, and if you say you are calling about a letter from Red it will still be dealt with by the person who aswered the phone from Lowell`s. So in esence, you letter to Lowell`s was also to Red as they are one and the same. Harassment - Yes ! Incompetancy - Yes ! Go Get Emm

You might not be too suprised to hear that `Red Debt Collection Services` are contactable by phone on the same number as `Lowell` I wonder what company name Lowell will think of next - `Blue Debt Collection Services`?? or maybe they will give it some real thought and call it `Green Debt Collection Services`, lets face it Lowell have no credentials, so at least they could then claim they had `Green` credentials. I wonder who made the decision at Lowell to buy up these barred debts, someone with a very embarressd `Red` face no doubt. Treat them with the contempt they deserve!

Lula, What a great memory you have:) Abbey supplied me with my 6 years statements last year (latter part of) They were struggling to meet the 40 day deadline, and as a result of a phonecall to them my statements arrived by Courior the following day. In with my requested statements, in sequence, were my statements going back to 1994. I still have them, they are on Abbey paper, they have the date printed on them of when they were produced. I`m more than happy to sign an affidavit to that fact if required. I`m going to use the statements this year to embark on my Pre 6 year claim, should be interesting to see what they say when I send my SAR off to them asking for them:D If you need any help with your case, let me know, just be aware that my time availability is limited at the moment as we are in the middle of the F1 Season so I`m quite often traveling with the team, so responses are not likely to be instant.

TECHSPEC Its the same as all other cases for Cap1 they just say they are going to defend to buy themselves some more time to arrange to settle with you. Their defence to the court will be that they owe you nothing, as they will have already paid you the money by then. Spend Wisely

When you say "Defended" I assume you mean that you have received notification of their intention to defend? This is standard practice with Cap1, you should receive communication from them within 21 advising of settlement, then settlement within a further 28 days. HTH

Well done Hannah, I will ask for your thread to be changed to "WON"

As you are taking the court action, have you done your own schedule of charges? instead of relying on the Abbey one. If you put together your own schedule, based on your statemented charges, you should be in a better position to see where you are with this, as in all honesty, I`m rather confused with the figures that you are quoting. You should have your own schedule, which you will have submitted with your POC, this should have on it ALL the charges that you are reclaiming (under the terms that they are a penalty, and not a true reflection of the banks costs) plus the interest accrued to date @8% (or at CI rate). Your POC should also show what other costs you are claiming (court bundle etc). You need to get this straight, because in court, if you have not, the Abbey will tie you in knots, and the two hours will go very quickley. Take a deep breath, get your schedule sorted, and just come back to me with JUST the figures - Based on your POC, what is your claim amount for - * Charges * Interest * Other Amount (and what this covers) What has Abbey paid you so far against your claim for - * Charges * Interest * Other Amount (and what this covers) What do you think is still owed to you for - * Charges * Interest * Other Amount (and what this covers) Good Luck

Ok, Based on your POC, what is your claim amount for - * Charges * Interest * Other Amount (and what this covers) What has Abbey paid you so far against your claim for - * Charges * Interest * Other Amount (and what this covers) What do you think is still owed to you for - * Charges * Interest * Other Amount (and what this covers) Thanks

I would refer you back to my post #60 By settling the charges issue with you, the Abbey have seperated the court case in two - 1. Charges - Paid to you in full 2. Interest (CI) - Being disputed by Abbey In theory, the Abbey will not have to explain their charges structure in court, and I believe you would find it nigh on imposible to put together a legal argument requiring them to do so. I would totally concur with Rooster, you would need to be fully conversant in Law to be able to argue this case any further forward. If I were you, I would contact the Abbey and try and settle on the 8%, thus enableing them to avoid any further court appearences (Cost), and possibly saving yourself from ending up losing what you have already gained (and possibly more) if you have the costs awared against you. Proberbly not what you wanted to hear, but I can only advise on what I would do myself.

Well done Rendall A lot of work and effort, but worth it in the end. I`ve asked your thread to be changed to WON for you

Hello again, If you wait for a signed copy of the default notice, you`l be waiting till hell freezes over, they don`t keep copies, all you will receive is a copy of the "Default Notices" that they send out, it will be a standard notice, undated and unsigned. So, get your N1 completed and filed at the court to get things rolling. You need to look at the statements from your bank to see if your December & January payments were cashed by Capital 1, not the capital 1 statements as they will not show on their as they are claiming non-receipt.

Ok, As Tanz has said, it would be far better if you had the cheque details, as without them, if it got to court, you would not have the evidence to prove your point. Assuming you still have the letter which stated that you owed £0.00 prior to the issuing of the Default, I would progress as normal, and having already gone through the required timescales and letter sending upto and including your LBA, the next step is to file in your local court. You will need to complete an N1 form, and there are plenty of guidlines in Templates that will talk you through that process. Your Particulars Of Claim will need to include the Default Removal along with the refund of charges. Whilst that paperwork is making its way through the court process, I would suggest you try to narrow down the possible cheque number details, and as Tanz said in one of his threads, you should be able to do this through your bank statements (you must know how much you paid, and approx when?). You will receive notification that they have acknowledged your claim, and that they intend to defend (standard with Cap1), and you might even get to the stage of filling in an Allocation Questionaire before Cap1 agree to settle your charges claim, its at this point that further discussions will need to be had with them, along the lines of "its a 2 part single claim, settlement can only be agreed on refund of charges and removal of default" etc,etc.