Babydoll/ debitas

[babydoll0141917]

No PPI ..but there are charges..Cap 1 sent a default notice ..But lowells never did when they took over the debt..Not sure about NOA BUT have kepted all paper work so will have a look through and let you know tomorrow..Yes started new thread on this yesday

[ncf355]

Well they did send a CCA a few years back ..Every one on cag said it was ligit ..but then there was a big debate wether they were ligit as a lot of ppl had them too ,and they looked leaflet form ,,So none the wiser wether is was or wasnt ..nothing has been payed on the debt since 07 or 08 ..Yes I understand it would reset the clock

 

 

As Citizen B above, can you direct us to a copy of the agreement? (scan, etc)

 

And did you get a default notice?

 

I'd be inclined to let them attempt court on it - you can always agree to pay a fixed sum if they come up with the goods, and you can get that sorted by the court rather than them hassling you to pay more than you can afford

 

But 2 things stand in the way of that court order:

 

1) that the agreement copy isn't up to standard (likely)

 

2) that the default notice wasn't served in the correct manner (HIGHLY likely)

[babydoll0141917]

OH got a default notice from Cap1 prob early 2007/08..It was giving him so many day to rectify it ..I dont think this was allowed ....Ill try and scan up the thread I started back in the day showing this agreement ..NBear with me

[babydoll0141917]

http://i152.photobucket.com/albums/s...1/mumsdoc1.jpg..This is the CCA they sent me ..or you will find it in threads started by me called Lowells/I and E/student finance

[babydoll0141917]

http://i152.photobucket.com/albums/s...1/mumsdoc1.jpg

 

Says page not found but if you go into the thread you will find it ..sorry bout that

[ncf355]

If it just said "rectify in X days" no, thats not sufficient

 

Do you still have the default notice/copy/scan?

[babydoll0141917]

its says I have 23 days to rectify ..! Ive never scanned the DN ..Only the CCA ..But will get my son to do it tomorrow when Ive sorted it out

[ncf355]

OK

 

Will look at the DN tomorrow

 

Cheers

[rockwell304]

I can't open your photobucket image but seem to recall a number of us had similar Cap One agreements from 2005 - 2006. Mine is a clear cut & paste...with signature, probably from an application form. I'm not sure what the policy here is on challenging agreements, however Andy in the CAG legal section has successfully seen off creditors/DCA's on a number of occasions via this route.

 

You could always send them a CPUTR request, that should flush them out as they have to be careful how they respond.

[citizenB]

I cant open the image either.

 

Can you follow the instructions below and post up as a pdf, please

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[babydoll0141917]

OH - Lowell/I and E/student finance regarding a Capital One debt... If you can get into this link you will see the CCA here( I dont know why it wont Highlight),,It will be in my old threads..Yes 2005 was what my OH had,,Will look for DN and NOA tonight..I know we had the DN from Cap1 ..Def not right if giving 23 days to rectify

[babydoll0141917]

Update on this!!

 

Cut a long story short

 

..Lowells sent OH a CCA a few years back,

Caggers said was ligit..

OH offererd £5 per month

..Lowells ignored.

.Never heard nothing for a couple of years just the odd ThreatOgram

 

,,Last Monday A process Server delievered a SD .

 

.OH decided to Re offer the £5 per month .

.I emailed DWlegal and was told they cant deal with me becoz of Data proteaction And to get OH to Ring them

..I emailed back and said OH doesnt do Data protection on the phone ,

and would therefor get OH to email them

 

..He emailed them told them his DOB

..They have emailed him back saying they want him to send in ID and a letter with Signature on it

WTF these stupid ppl playing at ??

 

Lowells have been sending letters here for over 4 years

and have never asked for a sig or ID .

 

.Where do we go from here ?

 

thanks guys

[citizenB]

Someone is playing silly b*ggers.. They would have been more than happy to discuss on the phone.. but for emailing, he needs to confirm who he is ??

[babydoll0141917]

Yes CB..unless he sends them ID with a sig ..They wont deal with him by email .What a load of old tosh ..If they are not sure of his ID why send him letters for the last 4 years and issue SD LOL..??

[babydoll0141917]

morning all..Can anyone help on this?

[babydoll0141917]

BUMP !! I want to put an Email To this Stupid Woman ..any1 have any Advice as to what to put ?? I will state that Lowells have been happy enough to send letters for the last 4 years ,,and if they wasnt sure of my ID then they shouldnt of done

[babydoll0141917]

UPDATE ON THIS !!

 

OH decides not to set aside SD

 

,,He has been trying to liase with bwLegal via email

 

..They are not having any of it..

 

They have sent him a letter today asking him to ring them to discuss the matter further..

 

( he is not phoning and told them that by email)

 

they said they will issue A Bankruptcy Petition on Monday 3rd September if they havent heard from him .

 

.By them making him bankrupt they wouldnt get a thing..Have offered £5 a month on this account since 2008 ..every letter has been ignored..all he ever gets in threats..

 

 

shall he send an email again saying he is trying to discuss the matter by email but is being ignored ,,??

[babydoll0141917]

Bumping

[babydoll0141917]

Would a judge make some1 BR that really didnt have any Assets but has tryed for the last 4 years to pay £5 a month to Lowells...Im really getting fed up with Lowells and now Dw legal ..

 

Ignoring emails and only want to talk on the phone..they will be Petitioning for BR on 3rd Sept if nothing is sorted..Have been trying to sort but getting nowhere fast

[citizenB]

Erm, why has OH decided not to set aside ?

 

Your response should be that you have made several attempts to contact them - however they are refusing to communicate. You could also add that as you have been trying to communicate for nearly 4 years, you find it rather disengenous they are now claiming that they need identification if he communicates in writing/email but wont require it if he telephones.

 

That it would appear they are not interested at all in trying to come to an arrangement only to intimidate and bully.

 

 

Perhaps that would be a good reason to attempt a set aside - that despite all your best efforts, this company refuses to communicate.

 

?

[BRIGADIER2JCS]

It is not really the judge making an individual BR, a creditor or creditors can petition for an indiividul to be declared BR by proving the debtor is totally unable to pay their debts.

 

Have you received a statutory demand yet.?

A little more detail will help others to advise you.

 

Forgete-mails write and keep a paper trail, and don't agree

to telephone conversations.

[babydoll0141917]

Thanks for replyin.,,To late to setaside now..he just said what will be will be..he has offered to pay so didnt see the point in setting asi ..Once it gets to the BR stage..will he be able to have his say and Tell the judge what has been happening,??

 

OH will email dwlegal but not Ms javis has she is the one that is ingnoring emails but wants telephone calls ..And explain to them that emails have been sent to sort this out but Ms Javis has choosen to ignore,,Even the letter sent today said to TELEPHONE her ..What are these people like..Then just wait for the petition I guess

[babydoll0141917]

Emails can be printed off..not wasting another penny on the price of stamps..Sd was deleivered ..OH said to leave it, what will be will be ..He cant do anymore than he has done ..He has offered what he can afford ,and they not intrested ..they just want him to ring to bully him into paying more

 

Thanks for feedback Brig

[BRIGADIER2JCS]

I believe Lowell may have been censured for using SDs and the BR system as a debt collection tactic, how much are they after?

[citizenB]

Who is Ms Javis ?

 

I have to admit, I do find your OH's faith in the British Justice system, touching, if a little naive ! Hopefully, he will have a judge who will listen and put this company back in their cage - I do hope so.

 

Do you have assets - property, car, designer watches, etc ? If not, then I guess his statement that they wont get anything if they present the petition, a rather interesting one