Lowell/Carter claim form for cap1 debt SB'd since 2002, charges/PPI **DISCONTINUED**

[rughead121]

Hi Caggers,

 

I could really use some advice please.

 

This is a bit long winded but I don't want to leave anything out.

 

I had a capital One CC back in 2001 with a balance of £250 outstanding.

 

My newborn son was in Hospital for a few months

and during this time I was obviously spending all my time in the hospital and not working.

 

I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered

so in a rage I told them to stick their card

and sue me if they thought they were going to get another penny out of me.

 

they defaulted me and added loads of charges (as they do).

 

A few months later I decided that I had better try to sort it all out

and contacted them and agreed monthly repayments.

 

I made 1 payment of the agreed amount (£10) and the next month

they took double the amount from my bank so I cancelled it.

 

They were still adding monthly charges of more than I was paying s

o I would have never paid it off.

 

so I just stopped talking to them and burned all the paperwork I had.

 

I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure,

no money and those snakes taking my petrol money so I couldn't travel to the hospital.

 

Just to be clear this all happened between June 2001 and March 2002.

 

I haven't spoken or written to them since and

the debt has done the rounds through different DCA's

until it's ended up with Lowlife with an outstanding balance of £1001.80

 

After finding this wonderful site I have slowly begun to build up the courage to deal with this.

 

on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell

which I decided to reply to with the bog standard prove it letter.

 

Shockingly (ok it isnt a shock)

Lowlife have ignored my prove it letter

and sent another threat o gram saying they will be sent to Fredrickson blah blah.

 

should I send another prove it letter or go for the SB letter?

 

I am positive I never had a letter of assignment from lowlife or capital none

Isn't that supposed to be hand delivered or sent registered?

 

Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.

[cerberusalert]

If you are sure it's SB then tell them.

 

The onus is on them to prove otherwise.

[citizenB]

Definitely send the statute barred letter and the quicker you do it the better. Lowells have become extremely aggressive of late.

[dx100uk]

statute barred

 

if you've got the agreement and the statements i'd reclaim that PPI

 

that'll upset them [well another 2 words but i'm siteteam!!]

 

dx

[rughead121]

Thanks for the replies, SB it is then.

 

@dx100uk, I would love to reclaim the PPI and hit them about illegal charges but I er kind of had a BBQ with the paperwork

 

Can you guys have a look over the following draft and make sure everything is ok?

 

Dear Lowlife

 

Acc/Ref No

 

I do not acknowledge any debt with your Company

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

[Bazooka Boo]

That'll do yes.

[rughead121]

Hello and thanks for reading.

 

I have received a claim form from Bryan Carter for an old debt that is at least 11 years old.

 

I have not made a payment or acknowledged this debt since 2002.

 

About 6 months ago I sent the 'prove it' letter. a

nd the sent me a huge print out that showed no payments ever made since 2002.

 

They also sent the original agreement with Capital One.

 

I then sent the SB letter and heard nothing else for a few months

 

but the standard threat-o-gram letters started again last month which I just filed in the log burner.

 

Now today I have received A County Court claim for 1693.94.

Not bad for an original debt of just over £200

 

I really need some help here, how should I respond?

[ericsbrother]

dig out a copy of the statute barred letter and resend it telling them that you will defend a

s an unenforceable debt, using the court process as harassment and abuse of process.

 

In your acknowledgement of service write a summary of defence that the debt is statute barred

and the claim is an abuse of process and should be struck out on that basis.

 

You may need to get another form to have it struck out before a hearing

so find out the cost of this and tell Lowells that you will be counterclaiming for those costs

or pursuing them separately for your costs.

[rughead121]

Hi Guys,

 

Can someone tell me if I can claim this agreement does not contain all the Prescribed Terms?

[dx100uk]

matters not

 

the debt is statute barred

 

cca or no CCA ...an absolute defence.

 

dx

[rughead121]

Just a quick update,

 

Looks like they have thrown in the towel.

 

I had a letter from court with one line: This case has been discontinued/written off.

 

I will confirm this as I have had no copy of notice of discontinuation (no shock there)

 

Thanks to all who offered advice

[dx100uk]

hey great result!

 

now get that PPI back!

 

dx

[Bazooka Boo]

Excellent news just before crimbo too! Well done...