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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Lowells chasing almost statute barred cap1 card debt


Craigbadger
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Thank you for your 'serious' letter dictating that I must contact you immediately.

 

I would contact you on the number you are so keen I should ring, but I fail to see quite how I will be able to make the threat monkey you employ on the other end of the line, see that this account is 'seriously' in dispute, as I believe that is not a part of their scripted responses?

 

Please feel free to continue sending me your empty threats, as it makes for good bedding for my hamsters.

 

Fools..:D

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Just wondering.

 

I went "online only" about 18 months ago, at this point they stop sending statements of every type inc the above notice and its all done online.

As we all know, go over your limit or get in arrears and they block your online banking.

I know for a fact that ive been blocked from online banking and have not received an arrears notice in over 12 months(account terminated last 2). No statements either.

 

Surely they are breaking some rule here. 8)

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Received SAR today (used the CAG tamperproof sig and no delays).

 

No mention of the default anywhere but they can confirm they sent it, in the letter.

 

Copy of the apparent reverse of agreement, no section 23 and the same as many others ive seen on here.

 

And a note from Fredrickson of a 1471 call where I hung up :)

 

£800 of charges..

 

Wont be losing any sleep over the contents.

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The flippant side of me says it's when the stable door was opened the horse 'charged off'.

 

However that won't help anyone so I got this;

A charge-off or chargeoff is the declaration by a creditor (usually a credit card account) that an amount of debt is unlikely to be collected. This occurs when a consumer becomes severely delinquent on a debt. Traditionally, creditors will make this declaration at the point of six months without payment.

The purpose of making such a declaration is to give the bank a tax exemption on the debt. Bad debts and even fraud are simply part of the cost of doing business. The charge-off, though, does not free the debtor of having to pay the debt.

A charge-off is one of the most adverse factors that can be listed on a credit report[1]. It will then be listed as such on the debtor's credit bureau reports (Equifax, for instance, lists "R9" in the "status" column to denote a charge-off.) The item will include relevant dates, and the amount of the bad debt.[2]

Charge-off - Wikipedia, the free encyclopedia

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 months later...

Make sure all the empty wrappers are in their as well! Nothing more annoying than people leaving their empty wrappers in the Quality street tin....or is it just me?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Well thats 12 months since CCA request.

Probably the best thing I ever did in my life and this £10k changed life massively for the better. Still a few thousand owing to enforceable debts but ive finally been able to afford to move out and been able to get my business back in control rather than paying everything on debts. I was paying Capital 1 more a month than my rent, outrageous really.

I did actually post up contemplating bankruptcy about a year ago so its amazing what a difference a year makes.

 

Chins up people, things get better. :)

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That is good to hear Craig, see what happens when your told what is a priority, against what these fools would like you to believe!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 years later...

About 4 years ago I went through the CCA request thing with Capital 1

for a card opened in about 2004(give or take a few years).

 

We hit stalemate as they provided me with 2 completely unconnected sheets of paper,

1 was a t&c and the other a copy of my signature.

 

Since then I've just had an annual "hello, please pay us" letter until

 

today where I've received a letter from Cap 1 saying they have sold my debt to Lowells

and a welcome pack from Lowells.

 

Any thoughts on where I should go from here?,

this is a large debt, thinking another cca or maybe a sar?

 

Not sure if anythings changed in the last few years,

at the time the agreement was referred to as a Capital one unenforceable

special as nothing linked the signature page to the terms

and even if they were on the same page there was nothing to say

what I was signing for or the terms could even of been printed on at a later time.

 

Should I be concerned?,

 

are they court happy?

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How large is it? I'd be inclined myself, though others may disagree, to formally ask Lowells what the legal status of the alleged debt is. Am I right in thinking too that six years is nearly up since any payment was made?

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  • 6 months later...

Just happened to read a sticky on Lowells issuing statutory demands.

 

My old debt has been owned by them for roughly 6-9 months. In that time I've had pretty much weekly letters ranging in tone with the latest being being a friendly 40% discount offer.

 

It was left in dispute with Capital one back in 2010 so my question is should I CCA Lowells?. I am not a homeowner and have very few assets so making me bankrupt would seem like a waste of time but I just want to make sure I was doing the best thing ignoring them or whether I would be better off doing a CCA then putting it in dispute with Lowells.

 

I have no issues with phonecalls as they don't have my number and letters don't bother me.

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Thanks. Ive seen the apparent agreement anyway and its Just a signature page with no terms just a generic page with no link. I never ignore brown envelopes just incase. :)

 

When was the card taken out?

 

2003 I think, can't be sure off the top of my head. Its a large amount though.

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Pre 07 , no property , few assets, old Capital 1 . . . all Lowell can do in that case is shout scream and - as now - beg . . . if you ignore they eventually give up. No point writing letters unless you're desperately, desperately lonely.

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Pre 07 , no property , few assets, old Capital 1 . . . all Lowell can do in that case is shout scream and - as now - beg . . . if you ignore they eventually give up. No point writing letters unless you're desperately, desperately lonely.

 

I dunno i'm single and women in tight business suits certainly do it for me :)

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