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Lowell PAP now Claimform - Cap1 Card Debt


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Yes already sent back once and they did send me some paperwork back that I previously posted on here.

 

I never responded and it went back to Lowell Portfolio who kept sending me letters which I ignored

They then sent it back to Lowell solicitors. 

Lowell have now sent me another PAP to complete.

 

Should I just complete another PAP they have sent?  

It seems weird. 

Maybe they have forgotten Ha ha

 

 

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I think id await the 23rd or 28days from new pap letter  and then send our SB letter..?

 

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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Actually you could use this to your advantage. If they have restarted the process for PAP - And the have deliberately done this, I wonder could the claim be denied because they have used the LOC as a Debt Collection Tool rather then what its supposed to be for? 

 

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**Fko-Filee**

Receptaculum Ignis

 

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So can I send the statue barred letter as last payment was 23rd April 2013. Does this make the legal statue barred date 23rd April 2019 or does it go from the official default letter from Capital 1 dated 17th Sept 2013 when they advised I had defaulted. 

 

I cant open your stat barred letter on here as it says I don't have permission.

 

What is the best thing to do send a stat barred letter or start the PAP process again?

 

 

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post 30.

 

 

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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with regards to #post30 I don't know to respond.

 

Going of their last letter I have 30 days to reply otherwise they will proceed with court proceedings.  On their original PAP they did respond and send the requested docs back that I listed in the PAP as advised. 

 

I waited to see if they would go ahead with issuing court docs as advised.

 

If I complete the 2nd PAP what will they do?

 

Do I get in contact and let them know I have already completed one and they have already sent the docs to me.  Will that not just give them the green light to go ahead and issue court papers anyway?

 

I cant find clarification if it is legally statute barred as some  go off the last payment date and others from the default letter date.

 

 

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I don't think they know either.

pers id just let it run till the end of the new PAP letter 30days dead line and state its statute barred

even if its not

by the time they sork it out

it'll most prob be too late.

 

we've not seen a great big change to SB date arguments nor court claims from DCA's re this 'it's 14 days after the defaulted date' now stuff.

I don't think half of them know, care or even understand.

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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  • 2 weeks later...

Have you actually sent anything back to them yet?

 

In answer to your previous question about the SB date, it will likely be the remedy date on the S87(1) Default Notice they sent you (if they sent one) or the last payment if later. It has not too much to do with the date the default was recorded on your file. 

 

If you haven't sent anything back I would be saying you dispute the debt and asking for the agreement, DN, Deed of assignment also send a fresh S78 request to Lowell. It should, hopefully slow things up enough to be 100% sure you are over that SB line. 

 

Fkofilee has a point  it is a tad naughty to use the PAP as a debt collection tool. 

Any opinion I give is from personal experience .

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Hi

Thank you for the advice.  I was actually sending it tomorrow ( waited for the latest I could before the 30 days).  I was just going to complete the PAP again same as I did before disputing the debt.

 

They did send a copy of the agreement, DN , notice of assignment and a list of payments back in Jan 19 when I sent in the 1st PAP.  I left it to see if they would start court proceedings and then 6th April they sent me another PAP.

 

The DN letter was dated 17/9/13 so if I am right in thinking it should be SB on 18/9/19 so not long to go.

 

Its a bit weird that they sent another PAP

 

Just fingers crossed it will take them a bit longer and like you say could be SB.

 

 

 

 

 

 

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Hi

Makes me wonder if there is something not quite right somewhere but that is just a feeling and not based on anything, it may just be they had bigger fish to fry,

 

By the way, I would remove the attachments from posts 25 and 26, you have left the date, amount and reference numbers on (including a QR code). As such they would easily be able to locate your claim in their records.

 

Was the DN the actual one or a recon?

 

Did you SAR Cap 1 - that may show something interesting.

On my SAR it showed my account was sold to someone (not named) on x date but Lowell say they did not buy it until Y date ( a week later)- where was it in the meantime ?

 

By the way, a SAR now is a request under GDPR and is free 

Any opinion I give is from personal experience .

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hi

Thanks for highlighting post #25 & #26 which I have now deleted.  I did originally send a S78 to Lowell with a £1 PO but they never responded.  The DN came from Lowell Solicitors and it looked like a copy of an original from Cap 1 but who knows.

 

I will send another S78 to Lowell and a GDPR to Cap1.  Also will send the PAP back to Lowell Solicitors and see what comes back.

 

Thanks for the advice.  Much appreciated.

 

 

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Please dont send any requests for any docs or mention them in our pap reply if you are going to use sb and send the sb letter with the form.

 

thats for later if at all should they issue a claim.

 

the requirements for holding any paperwork enforceable or not is pointless if you are claiming sb and is almost admittance you doubt it is

 

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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Can you post a link to the SB letter as i dont seem to be able to access it.

 

So i dont need to complete the PAP form they sent me. I just send this back un completed with a SB letter. Have i got this right?

 

Just concerned as the default letter they sent me was dated 17 sept 2013 so it will be due to be SB sept 2019. Just want to make sure im doing it correctly.

Thanks.

 

 

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If you can evidence their receipt of the s78 request they are still in default. 

 

I feel eel I must disagree with DX , saying you dispute the debt and asking for docs is in no way admitting it. My plan is to help you string it out as long as possible so it does become definitely SB . I am sure they will try to plead the default date or date if DN 

 

It is of course up to you. My lawyer friend, would I think be in agreement although she might say just ask for the agreement and leave the rest of it for later. 

Any opinion I give is from personal experience .

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That is what I would do. 

Do not mention there is an outstanding s78 request .

 

If you look at the default notice does it look good. Enough days from service

your name and address

theirs

correct amount . Would it have covered the arrears AND brought you back into your credit limit? 

 

I am also looking king for potential defences but there are often lots of different reasons. 

Any opinion I give is from personal experience .

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didnt say its admitting the debt....

Its admitting its not statute barred as its totally irrelevant what docs anyone holds if you claim a debt is statute barred..think abou t it a minute and it might sink in.

 

Kappers just send our sb letter. No pap reply needed

 

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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Dx

 

You said asking for docs is admitting it’s not SB that is complete tosh. 

 

At this point most defendants would not even think about it. Anyway from what has been said it is not SB and alerting them to the fact it’s 4 months away is asking for trouble. Surely you can see that 

 

Any opinion I give is from personal experience .

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Letter dated 15/8/13 was a notification of default quoting s87(1) CCA.  Then a letter dated 17/9/13 saying account had been fermented. Both had my address on, ref & amount due. Their address was just one line being a PO Box No with a 08 tel No. Both looked like photocopies and came from lowell solicitors from 1st PAP i sent back i Jan 19.

 

Am i right in thinking it wont be SB till Sept?

 

I dont seem to have access to the library on here to access the forum letters. 

 

 

 

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Without actually seeing it I can not be sure but a few more questions

 

Does the first letter have a date by which you need to make the payment? If so when

 

Is the amount they are demanding the full balance or just the arrears (on the first letter)

 

If the letter is a S87(1) Default Notice then by my reckoning the debt will be statute barred around 31st August 

 

It should also contain a line about including an OFT leaflet (not FCA) 

Any opinion I give is from personal experience .

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1st letter says default notification under s87(1)& asks for overdue amount within 28 days.  If not received then account will be fermented.

 

1st letter also Says should include OFT info sheet. No idea if it did as not seen original. 

 

2nd letter informing account fermented.

 

Unsure if these are original letters or been made up by Lowell.

 

 

 

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