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Lowells/carter claimform OH's old CAP1 Card 'debt' ***Claim Discontinued***


MadMat
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Potential Issue - seems the CCA request+ postal order has got lost in the post :(

 

from royal mail track and trace -

 

Status: We have your item

Item BZ7xxxxxxxxGB was posted at Waitrose xxx xxx on 15/06/15 and is being progressed through our network for delivery.

 

give it a couple more days then send another one?

 

Mat

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  • 1 month later...

Returned home from a few days away to find a prezzie from Brian Carter waiting on the doorstep!

 

An allocation questionnaire - which I can deal with.

 

And the attached letter offering to negotiate a tomlin order - smacks a little of desperation to me, they've still not produced a single shred of paperwork to back up the claim. I'm inclined to send back the AQ agreeing to mediation and a hearing and ignore the letter at this stage. Would appreciate any thoughts as to why I should reply to the letter though!!

 

Mat

Edited by MadMat
typo
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Why agree to mediation if they haven't sent any paperwork to show the debt is legit

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Mainly to show any judge I may end up in front of that i'm willing to co-operate with the court, I have no intention of actually agreeing to pay them anything unless they do somehow find all the paperwork to give them a water tight case!

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Your decision to accept or ignore their offer...its just his last role of the dice before deciding to pay the hearing fee.

We could do with some help from you.

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Another letter from Brian Carter today

 

"Please find enclosed a copy of our DQ, And also please note our clients would like to settle out of court, please contact us"

 

DQ Shows that they do not plan to attend any hearing - shows 0 witnesses including yourself

 

Last begging letter before discontinuing ???

 

Mat

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Just had an email about mediation - extract below

 

Not sure I should agree to it as

 

a) still not had a single scrap of proof of the debt

b) We are not prepared to compromise until we do see some sort of proof!

 

Mat

 

 

Mediation Requirements

 

 

Please read the following statements:

 

 

I can confirm that I am willing to compromise on this matter

 

I can confirm that there has been no police involvement in this matter at any time

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

 

I can confirm that I can mediate on the date stated above.

 

(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 4 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

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Yes agree you must

Unless you filed the SB defence

 

Mediation team will ring

Simply state no paperwork

They'll state no point then

 

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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  • 3 weeks later...

Another letter from our new best mate Brian Carter today

- enclosing some paper work at last!

Also yet again offering to enter into Without Prejudice negotiations to settle via tomlin order.

 

he's sent us a copy of the

 

"original agreement" which a copy of the standard ultra short application form Cap1 used back then, along with several pages of boilerplate T&C (Capital One ConfidentialV9)

"agreement at time of default" Which is another set of T&C, blank and unsigned (V14)

"notice of assignment" A copy of a letter that claims to be a notice of assignment from Cap1 dated 1/08/14

- curiously printed on plain paper, not the usual capital one headed paper! and appears to be freshly printed, not a photocopy.

 

if any of this is any use I'll scan and PDF it

- but as it runs to over 20 pages of mainly standard boiler plate

I've seen posted here many times before I'm reluctant to waste the time ;)

 

FWIW We are due to have the mediation phone call on Thursday this week

 

Mat

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would be nice to see it

including the edges

and the various number

pop every page into a word doc

then pdf that/

 

 

upload

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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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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OK did the best I could - they are pretty poor photocopies anyhow, and I don't have a scanner so it's been done with a camera in macro mode!

 

While going through them I noticed that her credit limit at time of default was £200 - so just how do they come up with a total outstanding of over £400? they must have been adding charges on like crazy!!!!

 

Mat

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what date did she take this card out?

that's an application form not an agreement

 

 

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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yes I saw that but means nowt

 

 

don't think #V14 T&C match that date either

 

 

short form application is not a credit agreement.

and for £400 I wonder why farter is even bothering.

 

 

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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Share on other sites

I intend to use the mediation appointment tomorrow to point out to them that they really have nothing and invite them to discontinue in order to save on being awarded costs when they lose at a hearing

 

During mediation am I allowed to point out that as my wife is a working mother on a lower than average salary that even if they do win in court it's going to be a hollow victory as her Icomes/Expenditures sheet will show she can only afford to pay a nominal monthly sum anyhow.

 

Mat

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During mediation am I allowed to point out that as my wife is a working mother on a lower than average salary that even if they do win in court it's going to be a hollow victory as her Incomes/Expenditures sheet will show she can only afford to pay a nominal monthly sum anyhow.

 

No I wouldn't be going into that kind of detail..let the mediator run the show...they will have set questions.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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definitely allow mediator to run the show. just been through this whole process and won...... just listen to Andy and you will be fine, but be prepared to put in lots of effort to make sure you achieve all of the deadlines and look through as many threads as you can so that you can see what the next bit will be if it goes that far. mine went to court and i won.

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Well had the mediation call.

 

Didn't go quite as I was expecting after reading other threads on here, Mediator was somewhat combative, made false statements that supported the claimant and threatened me that it wouldn't look good in court if I didn't make a good faith offer of settlement!

 

He told me that I'm definitely within the 6 years as it goes by the default date not last payment date

He also told me that the ultra short application form would be accepted as a credit agreement by the court.

 

When I said I was reluctant to pay them anything as I'd seen no paperwork at all that proved the debt I was accused of wasting his time and tax payers money.

 

So I made an offer of £50 in full and final settlement, which was rejected. Lowells came back with an offer of £450 which I rejected. Call then ended as I said I'd rather take my chances at a hearing than go higher then the £50

 

To be honest it felt more like I was talking to an employee of Brian Carter than an impartial mediator!

 

 

Mat

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didn't think a mediator could make decisions on matters of law like defining sb date decisions?

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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