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Lowells and Cap1 debt CCA return - help


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Hi Debtfree,

 

DonkyB has it spot on.

 

Carey says that they can reconstruct an agreement for s78, but remember Waksman also said that if the agreement had been varied, and it will have been, then they must provide a copy of the original signed agreement to show that it was a variable agreement.

 

Saying that they can also reconstruct statutory letters is just plain rubbish. They cannot.

 

As DonkeyB has said, if they terminate shortly after a default notice, then that is their fault and that act cannot be rectified by printing another letter.

 

Unlawfull Rescission should see you through here, although some Judges may not understand it. The point is to to get all of your ducks in a row, to put them off attempting a court appearence.

 

They are correct in that they can still try to enforce the debt, including issuing a court summons, but if defended they should not be allowed to get judgement.

 

Apologies for the delayed response, but have had a poor few weeks.

 

Vint

 

hi, i'm just wandering if Vint//oe anybody is still helping people with these parisites DCas trying to get a quick buck, by buying up a load of 'pold pre 2007 debts and trying to get punters to pay up , hoping that crappy reconstituted fiddle fddlle documents my scare punters into paying up'i you could let me know if your still there , wouold apprecite it::smile::smile:

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hi, i'm just wandering if Vint//oe anybody is still helping people with these parisites DCas trying to get a quick buck, by buying up a load of 'pold pre 2007 debts and trying to get punters to pay up , hoping that crappy reconstituted fiddle fddlle documents my scare punters into paying up'i you could let me know if your still there , wouold apprecite it::smile::smile:

 

 

Hi do you have a problem with a recon agreement, some differences exist now in regard to recons now.

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Bang on Brig.

 

Bear in mind that case law since this discussion commenced has rendered the rescission angle obsolete – if, indeed, we ever had it right – don’t rely on threads that are nearly four years old! Start a new thread for a fresh problem.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Bang on Brig.

 

Bear in mind that case law since this discussion commenced has rendered the rescission angle obsolete – if, indeed, we ever had it right – don’t rely on threads that are nearly four years old! Start a new thread for a fresh problem.

 

 

I agree DB, too much water under that particular bridge.

I'M not sure that we had it right either.

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 205, so was going to try and extend it to this deadline: have reead a great deal from Cosumer ACtion group, on how to prepare a defence, if needed, but i've got feeling that should i just press them for:

........................................................................................................

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

.............................................................................................................................................

 

then they may see that i will defend this:???? not before a few weeks have exoired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment) ,:)

Edited by aristilus
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I am assuming the SB target date is 5th January 2015 :)

 

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 2015, so was going to try and extend it to this deadline: have reead a great deal from Consumer ACtion group, on how to prepare a defence, if needed, but i've got a feeling that should i just press them for:

......................... ......................... ......................... ......................... ....

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

......................... ......................... ......................... ......................... ......................... ................

 

then they may see that i will defend this:???? and they have little or nothing to offer : not before a few weeks have expired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment)

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hi,yes i CCa'd Lowell for a Capitol one agreement, what they sent was a load of fiffle faddle, Crap, clearly a recon of miscellaneous agreements with my name inserted: they then said i've got 30 days to respond: it's actually statute barred on the 05th jan 205, so was going to try and extend it to this deadline: have reead a great deal from Cosumer ACtion group, on how to prepare a defence, if needed, but i've got feeling that should i just press them for:

........................................................................................................

always ask to see the original agreement. If the creditor says that only electronic copies are available because the original was destroyed after scanning, then defendants must ask the creditor to show its procedures for complying properly with document management standards.

.............................................................................................................................................

 

then they may see that i will defend this:???? not before a few weeks have exoired tho'

any advice or support is always appreciated: (could do without this as i am suffering from Cancer and am presently under treatment) ,:)

 

 

 

It would help us to advise you if you can post up suitably redacted copies of all that you refer to as "piffle" etc.

 

 

Has a claim been issued?

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Please Consider making a donation to keep this site running!

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hi ciitizenb,

no not had a claim form sent,

the SB date is 16/08/2015 just checked the copy of account doc's they sent, realise now too long to go for 6 years SB, got 30 days to respond to them,?

not suure how to upload images, will try later:(

Edited by aristilus
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do i upload them to photobucket and then send the url?

 

Upload to Photobucket and copy the [image] link, and paste here. Otherwise people will be able to access your PB account.

 

Strongly suggest a new, dedicated thread tho.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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own thread created here

 

 

you don't need 10 posts

 

 

HOW TO UPLOAD DOCUMENTS / IMAGES ON CAGi

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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this is your thread

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks will do tonight: in the mean time these staements T&CS are from a ROYAL BANK of SCOTLAND

and the card was with Capitol One ????? can you help? and how do i start a new thread, dont want to lose the helpers now :)

 

 

Please excuse my amazement RBS statements for a Capone CC account??? Were these supplied by Lowell.

 

 

Please carefully check account numbers, dates and amounts, if Lowell has supplied these statements then something stinks.

 

 

I look out for your uploads, just follow dx's instructions.

 

 

dx 100 has set up your own thread now so just post here.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In your PDF conversion software or Word, make sure you remove any identifying metadata.

  • Confused 1

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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file / properties.

 

 

if you print to PDF it will not carry over metadata

 

 

if you post the .doc directly here it will

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi, hope this is correct? i've erased the gentleman's name this RBS agreement belogs to :ive uploaded files , i can see they are there cheeers :smile:

Edited by aristilus
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Is there any letter from Lowells explaining the documents they have provided ?

 

 

I would have thought the attached documents would be sufficient to enforce,

unless you have a Solicitor who deals with CCA cases who can identify issues to use in defence.

 

 

Are these definitely reconstituted documents or just copies from a microfilm/records system.

 

Lowells normally farm out cases to BW Legal or Bryan Carter if they want to issue a court claim.

We could do with some help from you.

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