lowells again

[mysticpols06]

Hmmm - They closed our file as well fox (new yrs eve) But haven't stopped processing data as far as i know. Not sure you got anything to lose really, to be honest, if it doesn't work then you can just go back to square one & pee em off a tad longer. Sorry i don't have anything really helpful to advise, am still shockingly bad at retaining the info etc (brain has toooo many tandems going at once). Am pm'ing you. Best wishes, Mpols x

[fiftypence]

Hi Mpols,

I'm good thanks. In fact, I'm scarily well. Don't want to tempt fate.

 

That thread is a goldmine for getting our own way. I'm going to digest the info and make a decision.

 

Hi Fiftypence

 

"QUOTE"I think it has to be worth ruffling their feathers fox, they may be slightly weakened by recent events, might as well kick a man (DCA) when he's down :grin:"QUOTE"

 

I'm a little worried about this.

Now that Lowlifes have closed my file, couldn't they just reopen it again if I started ruffling feathers. I would love to make them squirm.

I'm thinking of a LBA quoting the new info in toulouse's thread and also cpr 31.16 just to make them think that I'm going to take them to court even though I can't afford to.

I've already sent complaints to the FOS and the Information Commissioner so I'm in a real quandary as to whether this would work.

 

All I think I need is a little reassurance that this debt won't suddenly come up and bite me bearing in mind that they don't have a valid CCA but they might have my cut up credit card(if they haven't thrown it away)

 

Thanks both of you, hope you're both well.

 

fox

 

As I see it if they closed your file coz the papertrail has gone cold then they are stuffed, what are they going to do? Start 'manufacturing' documents?? I suppose there is a risk they could open the file and look harder and longer for the CCA and come up with something genuine and enforceable, you would need to weigh up the risk of that happening - when was the account opened, when did you last make a payment on it, etc you know the questions you need to ask yourself to assess that risk.

 

You could certainly make them sweat a little by requesting info under cpr, they don't know you may be unlikely to follow up with court action, hey isn't that what DCA's do, threaten you with all sorts and then never follow up

 

What's the worst that could happen? They re-open your file, send letters threatening court action (DCA's have a pathological fear of taking people to court because they lose control of the situation and can't dictate what they want you to pay), as you have found CAG you now have the weaponry to keep them at bay anyway

 

Speculate to accumulate as they say! But don't take my word for it, it's not me that will have to appear in court if they decide to go for a CCJ

 

Don't rush into it, just do plenty of reading and make an informed judgment. Good luck though whatever you decide.

[ODC]

If the alleged debt was for a Sharklycard or CAPONE card they the chances of them producing anything resembling an enforceable CCA is ZILCH

[silverfox1961]

If the alleged debt was for a Sharklycard or CAPONE card they the chances of them producing anything resembling an enforceable CCA is ZILCH

 

 

Hi ODC, thanks for looking in.

In my SAR, CAP1 sent me the exact application form that Lowells sent me and as we know it's total sh*te. With that in mind and the fact they have stated that they sent the NOA by second class post, i think, Makes my case stronger considering LOPA 1925 sec 196(4) clearly states that all NOA's are to be sent by registered post.

I'll be looking at LBA's today to get some idea of how to word it but also to include cpr 31.16 to really pull their chain

 

 

fox

[ODC]

Hi ODC, thanks for looking in.

In my SAR, CAP1 sent me the exact application form that Lowells sent me and as we know it's total sh*te. With that in mind and the fact they have stated that they sent the NOA by second class post, i think, Makes my case stronger considering LOPA 1925 sec 196(4) clearly states that all NOA's are to be sent by registered post.

I'll be looking at LBA's today to get some idea of how to word it but also to include cpr 31.16 to really pull their chain

 

 

fox

 

The Leeds Losers couldnt even send me an application form let alone a notice of assignment so Im paying close attention to the other thread with the intention of punishing them for f***ing up my Credit File. Of course this snippet about Notices of Assignment leaves the whole shower open to punishment.

[lalou]

im going to sound really dim but i need to ask so balls to it! What is a noa??????

[silverfox1961]

im going to sound really dim but i need to ask so balls to it! What is a noa??????

 

 

LOL. You're not dim Lalou. I didn't know what NOA was for a while.

NOA= Notice of Assignment. The letter you should receive when a debt is transferred from A credit company to a DCA.

 

fox

[silverfox1961]

THIS POST DELETED

I have edited it and have posted it later, See post 263

 

fox

Edited February 20, 2009 by silverfox1961

[dannyboy660]

Good....apart from the fact you left your name on it....

[silverfox1961]

told you my head hurt:D thanks for that

[dannyboy660]

Don't worry Steve, it wasn't there long enough for anyone to notice.

 

Letter looks OK to me.

[flintstones1960]

you need to edit post 233 but other than that & taking into account my very limited knowledge the letter looks good.

[fiftypence]

OOHH My head hurts:confused:

I've spent the morning drafting this letter so would appreciate some input from you good peeps.

 

 

Due to Capital One sending a default notice to an address they knew I wasn't at invalidates that notice and makes it unlawful.

 

I would just ram this one home by stating that it wasn't sent via registered post (assuming it wasn't of course, no proof of posting in your SAR bundle was there?), Lowell may claim that sending to 'last known address' is acceptable.

 

Everything else looks OK, Dave

[silverfox1961]

I would just ram this one home by stating that it wasn't sent via registered post (assuming it wasn't of course, no proof of posting in your SAR bundle was there?), Lowell may claim that sending to 'last known address' is acceptable.

 

Everything else looks OK, Dave

 

No default notice in the bundle either so I don't know if it was sent or not but Cap1 are going to send me the notice of assignment within the next 14 days

Thanks for your input though Vera;)

 

fox (AKA anyone you care to name)

Edited February 19, 2009 by silverfox1961
spelling

[mysticpols06]

Nice one fox ( pal/chum/pooh face/smelly bum/hunny bun/bob/pete/paul:D)

Reads ok from what can tell. edit as suggested above & get it sent!

Mpols xx

[silverfox1961]

Hi mpols,

I'm going to hold off sending it till Monday to let others have a look and suggest edits. At the moment I feel like a f*rt in a colander. So many holes and don't know which one to choose:confused:

I spent all morning doing the research and writing the letter but still very uncertain.

 

On another note, looking through my SAR statements, it seems CAP1 started my file as the statements stop in march 04 but restart in april 08. strange since they state the account has been sold to Lowell. or is it just me ( don't answer that)

 

 

fox

[ODC]

Leave it over the weekend Fox and hopefully some of the Legal experts will confirm if this is good enough for Clownells. There are a helluva lot of people who are in the same position with the Leeds losers so there will be a lot of these letters winging their way to the Leeds Threat Centre

[silverfox1961]

Leave it over the weekend Fox and hopefully some of the Legal experts will confirm if this is good enough for Clownells. There are a helluva lot of people who are in the same position with the Leeds losers so there will be a lot of these letters winging their way to the Leeds Threat Centre

 

 

Exactly my thoughts ODC. I'll be spending the rest of the time going through the bundle CAP1 sent me, trying to work out all the codes and stuff.

 

cheers

 

fox

[willtheywontthey]

subscribing!

[silverfox1961]

subscribing!

 

 

All welcome.

 

forgot to say, had a letter from the FOS today saying how they are overwhelmed with enquiries at the moment. Now that wouldn't be CAGgers would it :D

[bazaar]

Hi Silver, Just my little ten penneth.

I would make sure that your letter doesnt give them any wriggle room about the NOA.

IE, as Toulose has stated elsewhere, far better to get them on strict proof eventually, theyve already admitted it sent second class. BUT, you never received said letter etc.

I would Specifically ask for their proof of postage via recorded delivery for the NOA, They either have it or they aint.

Nice ace up your sleeve should you need it.

[flintstones1960]

http://www.consumeractiongroup.co.uk/forum/newreply.php?do=newreply&p=1991341

 

Just a thought SF you might want to take note of what TLD posted on another thread.

 

Quote: "It's old information, they can post them anyway they like but in order to be deemed served in the absence of any other proof they must be sent recorded.

 

Basically a Court would take the proof of postage as proof the document was sent. There is still the problem that it would be classed as served (not just deemed to be served) in the event you admit having received one".(I know that you dont actually say in the draft letter you did recieve the NOA but just be careful that you haven't mentioned it in any other letters.)

 

"The approach is to put the DCa to proof the document was served and that can only be done with proof of recorded/registered delivery and we all know they just never do that don't we?

If the DCA cannot prove the document was served in accordance with Sec196 an absolute assignment under statute is invalid".

 

I'm sure that you are aware of the above but just in case..

[silverfox1961]

Good point Flintstones.

The thing is, I genuinely never received an NOA it was only after I complained to Lowells that thay sent me the NOA but that was after they had closed my file and I have the letter (which included the NOA) stating[the NOA] was sent by second class post:D

I seriously think I have them by the receptacles.

 

I'm just editing my letter posted above to include other info

 

fox

[silverfox1961]

Hi Silver, Just my little ten penneth.

I would make sure that your letter doesnt give them any wriggle room about the NOA.

IE, as Toulose has stated elsewhere, far better to get them on strict proof eventually, theyve already admitted it sent second class. BUT, you never received said letter etc.

I would Specifically ask for their proof of postage via recorded delivery for the NOA, They either have it or they aint.

Nice ace up your sleeve should you need it.

 

Good point, I'll include it in my letter (More editing:-|)

 

fox

[silverfox1961]

I have deleted this post as I've edited it again so you lot don't have to read it again just go to post 263

 

fox

Edited February 20, 2009 by silverfox1961