Heeeelllllpppppppp

[whiteheat]

i recently asked lowell portfolio 1 to send me a copy of my agreement with capital one they sent me a copy but it appeares that above my alleged signature and date that some one has blanked out the above mentioned section so all i got was the SIGNATURE BOX can some one please help with this because on the same day i recieved this ..another threatening letter arrived from meritforce dca with a reduce offer so please help if you can thanks ..hope i am in the right place this time ... dumb blond you see lol:confused:

Edited September 7, 2008 by whiteheat

[MONX]

I'm no expert but if the agreement does not show your signature, then I dont think it is enforceable. Dont take my word for it though, I am sure someone will be along with a bit more experience than me and take a look.

 

Thumbnails are quite difficult to read on here, you might be better off loading documents onto photobucket you can set up an account (free) here:Image hosting, free photo sharing & video sharing at Photobucket if this link doesnt work you can cut and paste it into your address bar.

 

Its quite easy to set up and will be a godsend on here. Just remember to get rid of any personal data with the paint programme that should be on your computer before you post it.

 

HTH!

[berrylover]

Is that all you received? by the way would you like to blank out your signiture?

[tinkerbell20]

This "agreement " is not enforceable as it stands

[whiteheat]

yep thats all i recieved bsides the threatening letters from meritforce

[whiteheat]

as of today i recieved a breakdown of payments made on my account with capital one/red/lowell finance porfolio 1.

looking through the details i noticed no payment was made or correspondence made after14/02/02.

only late payment etc interest has been applied taking the debt from £200 to £564,72

can you please help with advice on what i do next ... is this enforcble ???

[PGH7447]

May well be statute barred then

[MONX]

Firstly, if I were you I would send off letter M on here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html and write in big letters I do not acknowledge this debt.

 

Also for further information you could have a look at the Limitations Act Limitation Act 1980 (c. 58) - Statute Law Database

 

and for good measure there is the link for information on the consumer protection for unfair trading http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/146460-consumer-protection-unfair-trading.html

 

Hope this helps!

Edited September 11, 2008 by MONX
link didnt work doh!

[mr.ton]

Meritforce are an offshoot of McKenzie Hall.

Just happen to be the most useless DCA in this country...ahead of Lowells, so have no worries with the threatograms as nothing will ever actually happen

[whiteheat]

thankx for your input.. as of yesterday i sent the template "M" off in the post..

 

i am now awaiting their reply....

[whiteheat]

hi you all here we go again... sent the template m letter off and today i had areply this is how it reads.....

 

thanks for you letter we appologise for the delay in replying

we can confirm that you made a payment on the 26 november 2002 therefroe unfortunatly the limitation act 1980 sectin 5 is not applicable in your case

as the above balance of £564.72 remains outstanding would you cotact us to discuss payment arrangements.

we look forward in you prompt reply.

 

 

no full copy of a cca has been sent, no proof of payment has been sent to me

 

so i am sending a new letter still disputing the payment and asking for the copy's of the payment and the agreement ..

 

any input would be welcomed at this time as what to do or if i am doing right by replying to them ???

[Lula]

tell em to prove the payment, do you remember that payment being made, they have to prove that the debt is not statute barred. Either way, even if it isnt, it will be on 26 November, an if the CCA isnt valid then they are stuffed.

[MONX]

Yep,

 

I would write to them letting them know that they are in default of the CCA request and that they have not provided any proof of this payment made in 2002 and until all this information/evidence is provided you are still treating alleged debt as in dispute and will not be paying a penny.

 

The burden of proof is with them, just because they say you have made a payment doesnt mean that you did or they can prove it!

 

Keep plugging away at them!

[whiteheat]

nope dont remember the payment..... thanx once again will be sending a letter to that effect off will let you know how its going asap

 

thank you all ....

[RobMitch]

Hello

 

Lowell have attempted to use this tactic with me. When I claimed the debt wais statute barred they say there was a single payment made on a certain date which makes it enforceabe and not barred for a short time.

 

I asked them to prove it and they told me they didn't have to.

 

Just another low-life tactic I think. If you are certain that your last payment lies beyond the 6-year limit, have no worries.

 

Rob

[jobmid]

hi whiteheat how did you get on with Lowell?

thanks for you letter we appologise for the delay in replying

we can confirm that you made a payment on the 26 november 2002 therefroe unfortunatly the limitation act 1980 sectin 5 is not applicable in your case

as the above balance of £564.72 remains outstanding would you cotact us to discuss payment arrangements.

we look forward in you prompt reply.

 

from what i have learnt you debt now should be statue barred unless you have made a payment to them in the last 3 months. let us know how you got on?

[sillygirl1]

That date is the key, to leave it for such a long time and contacting you within 3 months of it being statute barred is against OFT regulations which state an unreasonable amount of time must not have elapsed before the lender contacts you about a debt.... can't remember the clause or section offhand but you need to now ignore any post. You HAVEN'T acknowledged the debt despite the fact they will say that 'correspondence proves this otherwise'.

 

They can now go forth and NOT multiply.....