lufc v fred (capital 1 ) (bryan carter) claim form HELP

[PriorityOne]

Lufc.... no-one is going to get anything from you unless you cave in and decide to pay it.

 

There is no CCA, which is why it's been sold on. If Lowell contact you in writing, they simply need a letter informing them that the account remains in dispute and has been so since xx/xx/xx.... and any further queries should be directed to the company that sold them an unenforceable/alleged debt in the first place.

 

By rec. delivery...

[iconoclash]

Hi lufc - glad to see you're still online - was reading some old threads when you were very down. Don't want to go over old ground but wanted you to know that I had problems with Capital One myself. If Cap 1 have removed charges from account that will not be the whole story - that way they are not allowing you to add the interest on these. I would ignore that and go with whatever was charged to the account originally, do the spreadsheet over the period etc and see if what they owe you amounts to what they say you owe them - court costs might need to be included. By the time I took Cap 1 to court and got judgement, they had to clear the account and pay me the balance. They tried to pay themselves, eg adding the balance to the card a/c, but ensure they pay you by cheque. I also had a warrant to send in bailiffs to them - they soon jumped at that point! All the best:)

[Tigstheterror]

Edited January 10, 2009 by Tigstheterror
posted in wrong place

[Tigstheterror]

Edited January 10, 2009 by Tigstheterror
incorrect posting

[sapphirey1966]

hi can anyone help. A couple of days ago i received a card stating confirmed resident with my name and address on it, then states this account is seriously in arrears and you have failed to reply to correspondence (i would like to state her that this is the first i have received in the way of correspondence) or make a payment despite trace enquiries showing you as living at this address. contact us now on 0845 8396016 to arrange payment or your account will be passed to solicitors to consider legal enforcement without further notice. (then it has the following company names Lowell Financial Limited and Fredrickson international Ltd at the bottom). then the next day i received a letter from Fredrickson international ltd - this letter states Brand/product is 02 (uk) ltd, Our client: Lowell Financial Ltd. balance £190. this debt must be paid in full to these offices within next 7 days otherwise we will take immediate action. then goes on about proceedings in county court, ect, ect. I recall this debt as being with o2 for mobile phone line, paid by direct debit on a monthly basis and the last payment was taken from my bank account on mid jan 2006 and next payment was due a month later but i did notice that they had not taken a payment on the day they would normally take it (i did call o2 customer service to check that everything was ok - as i was heavily pregnant and didnt need their to be aproblem with my mobile and i was assured by the lady i spoke to that it was probably just a glitch i the system at they all my details was ok so not to worry i may just end up with 2 payments being taken out close together) 2 weeks later after i had made this call to o2 custmer service centre i was out on my own in my car and it broke down i got my mobile out to call my partner for him to get help to me or to come to me himself and i had no outgoing calls from my mobile - i sat in the car for 2 hours hoping that someone would call me and i could then get help (it was chucking down with rain and i also had no coat as i was not expecting to be walking around in the rain), but no-one called and i then started to wonder if i had incoming calls, so all i could do was walk to find a phone so i could call for help, i was soaked by time i found a phone which at that time seemed miles i had walked - my partner told me to stay where i was and he came to get me (he was at work and had to leave site to come to me), when we eventually got home (a friend of ours got the car taken into his garage - as he works for a recovery and car repairs company) i called o2 the next day and this time i spoke to man whom said that my mobile was cut of due to non payment, they didnt seem to care what had happened to me the day before and that it was lucky that i did not go into early labour (as it was i ended up geting a very bad flu and was ill for near on 2 weeks) and didnt even acknowledge that i had previously contacted them to check everything was ok, so i basically told them to shove their line rental up their backsides and refused to pay any more. So up until now i have not heard anything more with regards to this. I still feel very angry towards o2 for putting me in that situation and especially as i feel i had done the right thing in contacting them to check why payment had not been taken and also check that everything was ok with my details and line rental and i was assured it was as i needed to have a mobile on me at that time (now i stick to pay and go that way you know u have credit or not) so feel i am within my rights to not pay this. Can someone please advise if there is somthing i can do to not pay this as they are charging me for the months i never used the phone anyway and i never signed a contract (as far as i remember - i think it may have been done over the internet in 2005). as i feel very stronly with regards to the situation that put me in and i would have continued to pay as per my direct debit if this hadnt have happened.

[PriorityOne]

If you start a new thread and copy/paste your post into it, then your post won't get lost in an old thread.

 

[sapphirey1966]

thanks but how do i start a new thread!!!!!

[PriorityOne]

If you click on one of the foums... Debt Collection Industry or General Debt issues for example, you should see a button at the top which says "Start new thread".

 

Click on that.... give it a title.... and you're away!!

 

[lufc]

Court papers got 7June debt was stat barred 1st Jan 2014 was going to send the CPR letter first. And then defence later. I acknowledged claim on the 9 Jan 2014 when it came in post

[lufc]

bump

[oleg]

Could you rephrase your first sentence? I don't get it.

Do you mean the court papers which you say you received 9 Jan were dated 7 Jan (not June) ?

If you're sure the debt became SB on 1 Jan then you have an absolute defence, home and dry.

[Desperate Daniella]

Hi lufc,

 

The dates for the claim and SB are very close and there is a lot of argument here on CAG about when the six years start.

 

When do you think the SB date begins? Is that when the account was defaulted? Or terminated?

 

DD

[lufc]

Could you rephrase your first sentence? I don't get it.

Do you mean the court papers which you say you received 9 Jan were dated 7 Jan (not June) ?

If you're sure the debt became SB on 1 Jan then you have an absolute defence, home and dry.

 

 

yes sorry

[lufc]

Hi lufc,

 

The dates for the claim and SB are very close and there is a lot of argument here on CAG about when the six years start.

 

When do you think the SB date begins? Is that when the account was defaulted? Or terminated?

 

DD

 

sb starts when last payment was made on the account = 6 years

 

if last payment was about 1 st jan 2008 sb would be 2rd jan 2014

Edited January 15, 2014 by lufc

[dx100uk]

sadly we now think that is not correct...

 

 

sb date runs from when the creditor 'could' of first terminated the account.

 

that usually 3mts after the last payment [by a DN] then 14 days

 

please type up the PoC as it is on the claim form

 

I've moved the thread to the legal forum for help

 

dx

[Peterbard]

HI

It should be remembered that this is not a credit agreement, it may well be that there is a contractual provision which permits the demand of liquidated damages(the balance of the contract) on one missed payment(i would be surprised if there isn't), in which case it may be statute barred, there is no issue with the default notices or the CCA etc.

 

I would certainly contend that this is SB in any case as it reverses the burden of proof.

[Peterbard]

On re reading your post it seems they discontinued the service there and then, IMO this would be good evidence that the agreement had been terminated, I would pursue SB in this case.