Lowells/Cap1 2005 - CCA return - fold App Form + V10 T&C's - enforceable?

[Old Cogger]

account in dispute letter = as Brig states could spend another quid stops them in their tracks

[BRIGADIER2JCS]

account in dispute letter = as Brig states could spend another quid stops them in their tracks

Yep do the CCA request to Mr Fartle, explain the account remains in dispute until a fully compliant agreement is supplied.

[SWLABR9]

Me being curious again here; why not save a quid and just ask them what the legal status is of this alleged debt? If they say, as they should, it's unenforcable because it's in dispute, well, you've saved a quid! More likely I'd think they just wouldn't reply. Opinions please, anyone?

[Old Cogger]

Me being curious again here; why not save a quid and just ask them what the legal status is of this alleged debt? If they say, as they should, it's unenforcable because it's in dispute, well, you've saved a quid! More likely I'd think they just wouldn't reply. Opinions please, anyone?

 

would not mess about as lowells and their Brian Farter etc are use to it , so get to the point with the CCA

[DebtUpToMyEyeBalls]

Thanks BRIGADIER2JCS and Mike770..I will get it sent ASAP.

[BRIGADIER2JCS]

Me being curious again here; why not save a quid and just ask them what the legal status is of this alleged debt? If they say, as they should, it's unenforcable because it's in dispute, well, you've saved a quid! More likely I'd think they just wouldn't reply. Opinions please, anyone?

It requires a reply within a set time limit, and requires the formal request.

[DebtUpToMyEyeBalls]

I have just checked my Credit Report today and the alleged debt has now reappeared with Lowell named instead of Capital One.

 

 

I sent the request for the CCA yesterday.

[ncf355]

Received another letter today stating the debt is still outstanding and if account is not repaid legal action against me maybe be taken in the form of an application to the County Court for a Judgment to recover or they could apply for my bankruptcy.

 

 

Is it now time to send a CCA Request??

 

 

 

 

I would write informing them that you made a CCA request to Capital One and that the response clearly showed that the agreement failed to meet the prescribed terms of the CCA 1974 and that you therefore consider their claims of court action etc to be invalid and threatening without the legally compliant paperwork.

 

 

 

 

Dear Sir/Madam,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR A RELATED THIRD PARTY

 

Capital One Account XXXX XXXX XXXX XXXX

Lowell Reference: XXXXXXXXXXXXXX

 

I refer to the above and your recent communications in relation to the same.

 

I would advise that a statutory request for information has previously been made to Capital One in 2009, where there response clearly showed the agreement failed to meet the prescribed terms of the CCA 1974 and was accordingly legally unenforceable - they were advised of the same.

 

I therefore state that I consider your threats of legal action totally without merit and ask you to note that should you unwisely decide to take such an approach it will be vigorously defended.

 

I therefore invite you to cease all communications relating to this alleged debt with immediate effect as no payment will be forthcoming.

 

Yours faithfully,

 

 

Mr/Mrs X

[BRIGADIER2JCS]

I would write informing them that you made a CCA request to Capital One and that the response clearly showed that the agreement failed to meet the prescribed terms of the CCA 1974 and that you therefore consider their claims of court action etc to be invalid and threatening without the legally compliant paperwork.

 

 

 

Dear Sir/Madam,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR A RELATED THIRD PARTY

 

Capital One Account XXXX XXXX XXXX XXXX

Lowell Reference: XXXXXXXXXXXXXX

 

I refer to the above and your recent communications in relation to the same.

 

I would advise that a statutory request for information has previously been made to Capital One in 2009, where there response clearly showed the agreement failed to meet the prescribed terms of the CCA 1974 and was accordingly legally unenforceable - they were advised of the same.

 

I therefore state that I consider your threats of legal action totally without merit and ask you to note that should you unwisely decide to take such an approach it will be vigorously defended.

 

I therefore invite you to cease all communications relating to this alleged debt with immediate effect as no payment will be forthcoming.

 

Yours faithfully,

 

 

Mr/Mrs X

 

 

I would not bother going down that route which will lead to nothing more than letter tennis with Lowell's customer (dis) service department.

 

 

Keep the ammo dry DUTMEB until we see what Lowell do with the CCA request.

[ncf355]

Hmm

 

Thing is, if they were stupid enough to go for court, costs wise (even if they lost) they could argue if DUTMEB had informed them of the issue with the CCA in the first place, they wouldn't have issued a claim.

 

It's been shown many times that Judges like to see people keeping communications open rather than just ignoring such things

 

Obviously there is a limit, and if they just keep repeating themselves you write a letter stating you have made your position clear and will not communicate further, save responding to any legal action they unwisely take.

[BRIGADIER2JCS]

Hmm

 

Thing is, if they were stupid enough to go for court, costs wise (even if they lost) they could argue if DUTMEB had informed them of the issue with the CCA in the first place, they wouldn't have issued a claim.

 

It's been shown many times that Judges like to see people keeping communications open rather than just ignoring such things

 

Obviously there is a limit, and if they just keep repeating themselves you write a letter stating you have made your position clear and will not communicate further, save responding to any legal action they unwisely take.

 

all things are done in due form.

 

Quite simply no, it is not wise to divulge such data at this point a CCA request has been made it is common sense to wait the result of that before alerting Lowlife to anything.

[Old Cogger]

Hmm

 

Thing is, if they were stupid enough to go for court, costs wise (even if they lost) they could argue if DUTMEB had informed them of the issue with the CCA in the first place, they wouldn't have issued a claim.

 

It's been shown many times that Judges like to see people keeping communications open rather than just ignoring such things

 

Obviously there is a limit, and if they just keep repeating themselves you write a letter stating you have made your position clear and will not communicate further, save responding to any legal action they unwisely take.

 

Join us and do as Brig states - we are in the same boat read other threads if you have time = so many of us are sitting tight.

[ncf355]

Sorry, apologies to DUTMEB, I missed the line where he said he had made a recent CCA request to Lowell as well as Capital One

 

 

In that case, absolutely - sit tight!

[DebtUpToMyEyeBalls]

I sent a CCA request on 28th Aug 2014 recorded delivery, Checked online at Royal Mail and the CCA request was signed for on the 30th Aug 2014.

 

 

Received this letter a few days ago not even acknowledging my request, I have waited a couple of days just in case letters had crossed paths but still no letter from them regarding my CCA request.

 

 

What should I do?

 

 

[BRIGADIER2JCS]

Ignore it!

 

 

The various desks a Lowell house of horrors do not communicate with each other, all these template letters are generated whatever the situation is.

[DebtUpToMyEyeBalls]

Many thanks Brigadier...

[DebtUpToMyEyeBalls]

Received letters from Lowells informing me Capital One are trying to retrieve the credit agreement.

 

 

I like the statement: "Once you have seen your credit agreement, we will ask you to pay your outstanding balance in full".

 

 

 

 

 

[cagedbird]

Hi,

I'm in a similar situation (a few days earlier in the process) to this and am following the thread to see what to expect.

I received a CCA request letter saying that they have requested the doc from the CO and will try to respond within the 12 working days.

 

To your issue:

If they signed for the request on the 30th August, then surely by the 19th September more than 12 working days have passed.

 

On the line "we will ask", are they saying ask because they know they are unable to force you to pay?

[DebtUpToMyEyeBalls]

I have received letter from Lowell informing me that they have not received a copy of the CCA from Capital One as they are trying to retrieve it from their archives.

 

 

Date Lowell received my CCA request: 30th Aug 2014

 

 

20 working days and counting!!

 

 

 

 

[DebtUpToMyEyeBalls]

Received letter today, seems like good news on the CCA request. Hopefully these idiots will go away now!

 

 

 

Edited October 24, 2014 by DebtUpToMyEyeBalls
Mistake

[BRIGADIER2JCS]

Another Lowell Lemon debt goes down!!

[dx100uk]

bugger and off you fleecers

 

 

dx

[citizenB]

Keep that letter somewhere safe

[Hentooth]

Nice one, one up on them is good.

 

I've take to winding DCA's up to the point of breaking,

 

 

two of them owe my wife £25k and Lowell Owe £10k so far,

 

 

I know we will never see the money,

 

 

but I worked them into the same "tick box" type contract that the credit companys use,

 

 

and one DCA rather than sending me a curt few lines sent me a 2 pager with obvious panic in them..

 

 

. I will reveal all when I'm done with dealing with the DCA's,

 

 

but I have a double edged sword with Lowell,

 

 

they used my information illegally and I WILL have them over the coals one way or another..

 

 

I HATE DCA **** BAGS.

 

[removed]

Edited October 24, 2014 by dx100uk
we make the rules ...not you- dx

[BRIGADIER2JCS]

nice one, one up on them is good.

 

I've take to winding dca's up to the point of breaking, two of them owe my wife £25000 and lowell owe £10000 so far, i know we will never see the money, but i worked them into the same "tick box" type contract that the credit companys use, and one dca rather than sending me a curt few lines sent me a 2 pager with obvious panic in them... I will reveal all when i'm done with dealing with the dca's, but i have a double edged sword with lowell, they used my information illegally and i will have them over the coals one way or another.. I hate dca **** bags.

 

[removed]

 

 

fotl?