Cahoot Debt sold to lowells

[falcon185]

Hi,

DCA's never learn from their previous mistakes, they prey on people who dont know their rights where debt is concerned, they normally buy debts in bulk and hardly ever have the relevant paperwork required. I would do as Ida suggested, CCA them, also asking for a copy of the deed of assignment which gives them the authority to collect this alleged debt. Lowells never seem to produce these documents and you will probably receive another letter stating that they need to contact Cahoot to have these documents sent to them, inveriably the documents do not materialize. After 12 days + 2 they will be in default for not providing such requested documentation and the debt will then be unenforceable until such time as they can produce them, THEY WONT produce in my experience, when you send the CCA request dont forget to put at the top *I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY";-)

Edited July 19, 2008 by falcon185

[falcon185]

I would drop the " without prejudice" and replace it with

" I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY"

Should it go to court ( which is highly unlikely ) you can then produce a copy of this letter to the judge to show you requested the documentation for which they didnt supply. Using the phrase "Without prejudice" could mean you might not be able to produce this letter in court should there be any furter escalation and action by Clownells Which I doubt very much IMO, once they receive the CCA request they will probally drop it like the proverbial hot stone.

Edited July 19, 2008 by falcon185

[falcon185]

What is the meaning of 'without prejudice'?

 

Where negotiations are said to be 'without prejudice', it means that nothing that is said or done is normally admissible in evidence in any subsequent trial should the negotiations fail. The object of the exercise is to encourage parties to make genuine attempts to settle disputes, without fear of their discussions - and in particular their potential concessions - being subsequently disclosed in court.

 

There are two circumstances in which 'without prejudice' statements may be admissible in later court proceedings:

• where protection is waived with the express or implied consent of both parties, and
  
• where a settlement is reached following 'without prejudice' negotiations, but one of the parties subsequently fails to honour the terms of the settlement, and the matter therefore ends back in court. The negotiations would be admissible as evidence of the agreement.
  
• 
  

Hope this helps somewhat

[falcon185]

Good luck,

keep us posted ;-)

[falcon185]

Standard response from them, what they are saying is "We dont have a copy of your CCA" but if we say we have asked for it from Cahoot that should keep you quiet. WRONG!!

12 days + 2 remind them they are in default, you will probably receive a letter stating that as far as they are concerned the matter is closed and you will not hear from them again. They WILL however, place ( more than likely already have ) place a default on your Credit file, a battle I'm in the process of fighting but thats another story. Keep your chin up, we are all behind you ;-)