Capital 1 CCA - Could someone check if enforceable please?

[rockwell304]

My OH has a 2005 CCA from Cap1 ..looks very much like OVERDRAFTS..Been with Lowells for a long time!! goes quiet for a while ..then they reappear! He did get a letter from lowells last yr offering 50% off..Yes 50%..now if these CCAs we ligit then they wouldnt be offering any discount

 

Hi Babydoll, I seem to remember seeing a previous post about your OH's card. Even if they are hacked together in the print room by the teaboy surely in the light of recent cases on here this would not matter. I'm as confused now as I was when I first posted on here over a year ago!

[babydoll0141917]

Hi Babydoll, I seem to remember seeing a previous post about your OH's card. Even if they are hacked together in the print room by the teaboy surely in the light of recent cases on here this would not matter. I'm as confused now as I was when I first posted on here over a year ago!

 

Hi RW

 

well i think there must be something stopping them from going further will these CCAs!!..They would hav to hav all the paper work I think ..Including defaults etc..My OH hasnt got any dfurther with this ..!! Surely if they thought they could win in court we would of been there by now!! sometimes i think it best just to ignore and if a letter with a court crest arrives then deal with it then!! all this letter ping pong is pointless IMO

[rockwell304]

all this letter ping pong is pointless IMO

I'm inclined to agree! I have two outstanding issues, Barclaycard and Cap One. I have responded abruptly to one DCA, can't remember which one. Other than a couple of letters to the OC's I have been very passive.

I have definitely not highlighed any of their shortcomings such as DN's not giving me 14 days etc.

 

My aim is a F&F settlement in due course.

 

 

 

[babydoll0141917]

all this letter ping pong is pointless IMO

I'm inclined to agree! I have two outstanding issues, Barclaycard and Cap One. I have responded abruptly to one DCA, can't remember which one. Other than a couple of letters to the OC's I have been very passive.

I have definitely not highlighed any of their shortcomings such as DN's not giving me 14 days etc.

 

My aim is a F&F settlement in due course.

 

 

 

 

 

I cant even aford a F & F!! mine would be £1.00 per mth ..I live in rented dont work and my car worth under £1.000! I hav a few outstanding debts...sorting them gradually

[rockwell304]

Well, here's a blast from the past!

 

All very quiet on this until a few months ago when Lowell advised they have purchased the a/c from Cap One. Since then, almost twice weekly letters from Lowell, each one escalating the threat level! This agreement appears to be enforceable although the copy obtained from Cap One early 2010 looks to be hacked together - alignment all wrong, columns off centre etc. Received exactly the same copy from Lowell following a CCA request a few weeks ago.

 

Just wondered if anyone has had any success recently in challenging one of these agreements, ideally I would like to keep Lowell at bay until November 2015 when this becomes SB.

[Dotty50]

Hi Rockwell,

 

It's been a long time since your last post!

 

Without reading back a few years, can you give a brief update on it, like age amount etc.

 

Why do you consider it enforceable, has someone looked at it for you?

 

I know from experience with Lowell that they do issue claims so beware and keep on top of this.

 

I guess it SB from November? It's quite a way but not impossible to get there!

[sunflower99]

I think it is quite common for a DCA to have a last ditch attempt to frighten people into paying just shortly before it becomes SB. Cap one left me alone for many years but this year out of the blue just about 4 months or so before the account became SB they suddenly sending me a threatogram threatening that if i did not contact them to make arrangmenets to pay them they MAY set an external DCA on me! As strangely enough cap one never sent any outside pond feeders on me when i put account in dispute like they did to many people,I just ignored them and never heard from them again and now the account is SB!so hopefully that will be the same in your case!

[Dotty50]

Lowells issued a statutory demand about 15 months ago for a CC of my husbands, we used a professional because of the seriousness of an SD and it was successfully set aside.

 

A couple of weeks ago we had a letter from them for the same CC, which is clearly a letter before action and we are hoping that our response has sent them packing!

 

They a renown for issuing SD's which is an abuse of the court process and really should be taken to task about this!

[rockwell304]

Hello Dotty / Sunflower,

 

good to hear from you! Card commenced March 2006 with last payment / acknowledgement November 2009. Amount is just over 5K. Someone looked at it on another forum some time ago and said it has all the prescribed terms, both signatures, T & C's etc so is enforceable. Nothing else to query as DN, assignment to Lowell all seems to be in order.

 

However, when you look at the copy agreement is is clearly pulled together with columns and boxes out of alignment, tiny print etc. I think I'll respond with a letter to Lowell telling them they are welcome to try but the agreement is clearly not a true copy.

[Dotty50]

I believe that anything pre 2007 they will need to have the original agreement in court so it's trying to establish if they have it.

 

Of course they're not going to admit to anything!

 

It may be a case of playing letter tennis with them for as long as possible to try and get to the end of the year.

 

I think there used to be a template letter which asked outright whether they held the original agreement or not but I'm not familiar with the letters any more because I've not used them for a long time.

[rockwell304]

It could possibly be the CPUTR letter....although I understand they are under no obligation to answer it!

[Dotty50]

That's the one rockwell and no they will skirt around the question!

[Desperate Daniella]

Hi Rockwell,

 

 

To save me reading the entire thread, have you posted up what they sent you anywhere?

 

 

DD

[rockwell304]

Hi Daniella, Good to hear from you. apologies for delay but been away. Nothing concrete as yet from Lowell who are now the account owners, lots of threats but no LBA.

 

However, as you mentioned a few years ago; there is something strange about these agreements!