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Capone/cabot v OH (disputed Acc)


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LOL I love it! debt4get! What a great reponse ! Makes Dca baiting even more worthwhile getting gem letters like that!:D

Great letter DD! I will be saving thatm one for my next pondfeeder!:D

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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  • 5 years later...
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Its been so long and peaceful :-)

 

Was 'sold off' to Lowells mid 2014, I've had no contact with them despite constant emails and letters from them.

 

Two recent letters offered a 20% discount then a couple of weeks later 40% discount.

 

Things seem to have gone up a notch, just received a letter headed 'Pre-Legal Assessment' advising me it has escalated for legal assessment. I can stop it by phoning them and speaking to an account manager(fat chance).

 

Also warns me of the consequences of County Courts (I'm now retired and only income is state pension & in rented accommodation).

 

Feel I may now need to play letter tennis as a delaying tactic (they cannot provide anything different to what C1 have supplied).

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Hi Beachy,

 

 

Isn't this statute barred by now? I know this thread started over six years ago. When did you make the last payment?

 

 

Generally when they are offering big discounts it's because they know they haven't got a leg to stand on.

 

 

Anyway if it's not SB I can give you some ideas for your letter.

 

 

DD

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Hi Beachy,

 

 

Isn't this statute barred by now? I know this thread started over six years ago. When did you make the last payment?

 

 

Generally when they are offering big discounts it's because they know they haven't got a leg to stand on.

 

 

Anyway if it's not SB I can give you some ideas for your letter.

 

 

DD

 

Hi DD,

 

Hope you are well, any other original Cap1 fan club members around :)

 

Not quite six years from last payment, but its so close to SB (weeks not months).

 

Beachy

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Hi Beachy,

 

Time to stay quiet maybe, until SB becomes your friend.

 

:-)

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Personally I'd drop them a very simple letter saying that despite numerous requests to Capital One they failed to proved a copy of your alleged credit agreement and can they provide one?

 

 

I don't think they'll do anything and I think it's a last ditch attempt In your personal situation even if they took you to court and won you could then ask to pay them off at £1 a week, but really I don't think they would do that.

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Beachy,

 

 

I've just seen your second post. I'm not certain about other members of the Cap1 Fan Club but honestly that thread really taught me so much and made me fight back. Such a pity we'd didn't get our day trip to Capital One to meet Ellie! I was so looking forward to the Cream Tea you were going to bring, and I think the rest of us were going to bring so much wine and champagne we'd have had difficulty standing up.

 

 

DD

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Beachy

 

Very very very last thing I'd be doing in your situation is contacting Lowell. I see you're even reading a sense of "escalation" / "up a notch" into their drivel. The only escalation is of their desperation. It's just a standard template at the end of their letter chain.

 

Don't draw attention to yourself. Lie low unless a claim form arrives. 'Twould be easy to defend as they have no compliant CCA. Even easier if S B. However the lack of a CCA makes it most improbable that they would even try.

 

Just my opinion, but total silence is a tactic which worked eight times for me with Lowell - some of the "accounts" being five figure sums.

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Hi BeachySorry to hear you still getting hassle from Capital one ,How long has your dispute been going on now with Capital one? 5 years or six?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Oh i see Desperate Daniells has made the same observatiion! Like her was wondering if it statue barred

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The beauty of staue barred that is there are no arguments the DCA can use! Statue barr is a complete defence in itself and once the statue bar date passed iso I understand the debt can not be reserrectued in anyway after the staure barre date passes which i believe is 6 years one month,! Also even if any payment or acknowledgement of debt takes place after statue barr date passed it remains staue barred.Correct me if i am wrong on any of these points as i am of course not legally trained!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Thanks for all the advice, see what their next letter contains.

 

Sunflower, great to hear from you, its been a long time :wink:

 

I seemed to have been forgotten by C1 when most of the fan club got 'sold off', its been very quiet - not a single contact from C1 until end of last year when lowlife appeared.

 

Not quite SB yet I'm afraid, over 6 years since DN but silly me sent a few payments before I realised the issues.

 

How did you get on with yours?

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Hi Beacy so sorry to hear that.As you say you were trying to be reasonable with them and its never clear to know what to do for for best at time.Still as you say they dont seem to have a leg to stand on and as we say it will eventually become statue barred and then you can just ignore the threatograms!

Edited by sunflower99
missed word

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Though Beachy I think when it does become sb you will miss those lovely exchanges with Lowells and other capitalpond feeders. You will not know what to do with your extra time! LOL

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Mine is now SB

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Sunflower, I still follow older threads like yours and as I have just received a letter from Crapital One too after nothing for ages and ages. It occurs to me that perhaps they start putting the pressure on when statute barred time is approaching? I will ignore as I hope you will and wait in my case a few more months.

All the best, Exchange

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  • 2 weeks later...

Hi DD,

 

If only things were quiet :-)

 

Getting a letter every two weeks without fail.

 

Latest one was from their 'pre litigation department' informing me that their 'assessment' of my financial status is now complete, and as I'm working (I'm not - State Pension only) and have other credit products (No I haven't) County Court is a realistic option.

 

But then it goes on to say 'We are happy to agree with you any amount you can afford to pay by instalment's.

 

Best regards,

Beachy

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Hi Beachy,

 

 

I think you'll be okay because you've said your property is rented, and they've said they'd accept any amount by instalments which means, I always think, "Please give us anything. Anything will do."

 

 

I think it's more dangerous to ignore them if you own a property because Lowell just love issuing Statutory Demands in an attempt to avoid having to prove the agreement is enforceable by issuing a normal Court Claim. Usually these Statutory Demands can be defended successfully but I'd rather not let them get that far, and by arguing the toss I got them to drop it and didn't have to worry about it for six years.

 

 

DDxx

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Hi DD and Exchange nice to see you on these threads too! Exchange as you said these Dca seem to renew their interest in thier victms just before it becomes SB,I heard from them about 7 months ago! I just ignored them and they necer contacted me again.Now I can safely say that mine is well and truely SB,So now if they ever write to me threatening legal action they will be met with the SB letter!The cca argument no longer relevant as SB a complete defence

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi sunflower,

 

 

So glad you are out of it too!

 

 

Like you I'm either SB on some accounts or counting the days on the others to default dates, but some of those were put on very late and as it's well over six years and several months since the first missed payment dates I'd argue SB on those if I had to.

 

 

DDxx

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Hi Beachy .I dont think you need to worry too much. I am sure that no DCA in their right mind would issue a court summons or a SD as you are not a home owner and have nothing of value and on a low income .So there is nothing they can sue you for or take.I am sure even if you did not have the invalid CCA argument they would stilll not want to issue legal proceedings against you.It is home owners or people who have assets who need to worry more.

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi beachy,

 

 

A Pre-Legal assessment isn't the same as a Letter Before Claim so I think you are okay. As Sunflower says, if they know you don't have a property and are living on a pension I don't think they will want to spend the money on a claim. Even if they won you could ask the Court to let you pay it off at £1 a week and it would take them years to get their legal fees back let alone the alleged debt.

 

 

Did you respond to any of their letters at all?

 

 

DD

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