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lowell PAPLOC now Claimform - Old Cap1 Debt notice still applicable?


Badger91
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Hi, where do I find the stat interest sheet?

 

 

I'm unsure what do as nobody has answered my last few comments, 

 

30/06/15, I was charged £2.31 for interest, this was the last time I was charged interest, the description on statment  states: 09Jun

 

I've found a section in the SAR that tells me, the total charge for credit with interest if this helps the amount is 197.21.

 

The annual purchase, cash rate is 34.94 percent, monthly is is 2.53% 

 

I've looked at customer insight pages and there’s a section which says Chrg off: 05/01/2016, is this the date the interest was frozen ? 

 

The debt was sold to Lowell’s on 30/04/20, however they froze the interest well before then They froze  it whilst I was with stepchange, they ended my plan last year because had nothing to spare. 

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sorry things can get a bit busy for volunteers on a predominantly self help forum.

 

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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Ok, no problem, I’m just eager to sort it out, It’s not something I fully understand to work out on my own. I did look for the form but couldn’t find it on the forum.

 

do you think I can claim the interest ? 
 

On the link you sent it mentions PPI but on my SAR it says there is no PPI included on the account. Are they still relevant? 
 

also could  you explain,  why I am able to claim these charges, if there are written into my contract as I’ve tried to explain what I’ve been told to my partner and she is adamant I cannot claim these if it’s included as part of my agreement, she works for barclaycard and says that even the FOS would reject this, I’m not disagreeing with what your saying but could you explain this to me in further detail if you have time, do different rules apply to this because is gone to a DCA
 

I did read there was a change regarding being able to dispute charges on the internet but, it mentioned that the fees credit card companies could fairly charge where reduced to £12 

 

https://www.moneyadviceservice.org.uk/en/articles/reclaiming-unfair-credit-card-charges

 

I appreciate the time you have all taken to advise  me and guide me through this process.  

 

Sorry I meant to say, 

 

I did read there was a change regarding what credit card company’s could charge customers,  on the internet but, it mentioned that the fees credit card companies could charge where reduced to £12 to as their previous charges were deemed as unfair, and I thought that I wouldn’t be able to claim this as it is in my contract, and because it will probably be deemed as reasonable because of this. 
 

Just want to make sure it’s right before I go to Lowell and start disputing, if I get it wrong I’ll make myself look stupid.. 

 

I look forward to your responses,  

 

 

Kind regards,

 

Badger91 

 

 

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well tell your other half to go fly another financial corporation kite....

listens too much to her bosses and gets indoctrinated by crap..

 

you didn't sign a contract 

you signed a credit agreement under the consumer credit Act.

the T&C's that are home made by the financial institution are bolted on that agreement.

 

T&C's are NOT LEGALLY BINDING,

the fca did not ever say that £12 was an acceptable level for any penalty charge.

something being in T&C's does not make it legally enforceable , just like PPI and the previous round of bank charges reclaiming in the 2000's that created CAG.

 

so all the way back to post 22......

 

SHOULD they issue a letter of action/letter of claim under the 2015 pre action protocol, which they must do, should they wish to raise a court claim via northants bulk court.

 

you've about £70 to get lowell to knock off,

i wouldn't bother faffin around with reclaiming them from the OC.

 

sit on your hands

comeback here if you do ever get a PAPLOC 

and we'll move you fwd.

 

dx

charges.xls

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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Ok just checking.. so I fill in the form including the charges and dates charged, fill in date claimed to,  is that the date the account was opened, or the date of the first charge ? Then I leave the date to blank, as the interest runs until the claim is closed,  send to Lowell wait for their response, then work out a full and final settlement ?

if  they then reject this and refuse,  do I just wait for the day they send a court claim I let it go to court and argue it out their ? 
 

Also is there a sample letter on here I should send with the sheet ? 
 

please answer in your own time, I know it is late and I don’t expect you to respond right now, I’m just a night owl, I’ll wait until the morning for a reply...

 

goodnight 

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you do nothing

 

await lowell solicitors to if/when they ever send a letter of claim

 

they must abide by the pre action protocol.

 

if they do that, comeback here.

 

till then there is stuff and all you need to do....if if if they ever progress things for a mere few £100's.

 

remember a DCA is NOT A BAILIFF.

 

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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  • 8 months later...

open

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 Dx100uk,

Hope your well,

I have received a letter yesterday from Overdale Solicitors with "notice of acting" as the heading, they say they are now going to initiate legal proceedings unless I pay the £386.69 that I owe, I've included the letters below,

 

I was advised that I have about £70 in fees and interest to submit to them to lower the balance.

is the charges.xls document in the thread a template or have all the correct figures been added into it.

 

I had also received a 40% discount offer in January, which I ignored thinking it might increase, and didn't want to accept, in case they didn't issue the paploc letter, hopefully leading to the debt becoming statute barred if they didn't.

Do you think I can possibly get them to give me the discount as well as the fees and interest.

Kind regards
 

Lowell Letter 200dpi.pdf Solicitors Notice Of Action 200DPI.pdf

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safe to ignore just lowell solicitors under a diff name.

 

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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  • 1 month later...

Hi again all, 

 

I have received another letter yesterday from Overdale Solicitors (lowell), the letter is dated 21st of May and is titled "Letter of Claim-30 days to prevent legal action" 

 

it goes on to say, you have 30 days notice from the date on this letter to either make a one off payment of £386.69, agree a payment plan or respond to this letter as set out in the following enclosed documents:

 

  • Information Sheet
  • Financial Statement 
  • Reply Form 

is this the letter before action or PAPLOC letter I was advised to wait for ?

 

on the reply form, it has a section where I can tick that I owe some of the debt but not all of it and provide a figure of what I actually owe, below that it says explain on a separate piece of paper why I don't owe all of the debt and to explain in as much detail as possible and to provide copies of any supporting documents.

 

should I now tell them that want the interest and fees taken off the balance. 

 

Kind regards

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click letter of claim 

follow post 2

 

 

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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Posted (edited)

Should I leave section box I unticked, considering that I've already got the information from the SAR from capital, including the original credit agreement, notice of default, evidence of late payment fees and that lowell have provided the CCA. 

 

 

Edited by Badger91
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lowell still need to produce stuff Themselves (what you hold from Cap1 you KEEP to yourself)

 

have you got that Lowell CCA return still?

 

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

Yeah I still have it, but i was never able to upload a readable copy for you to look at because after scanning into computer and reducing to 200- 300 DPI it was too blurred, it was only just readable when reading it on the paper but it was definitely my agreement when comparing it against capital ones original.

 

I don't think i can dispute the interest fees, because my account was with stepchange debt charity from 2016 until around 2019 until I literally couldn't even afford to pay the 1 pound minimum, so Stepchange closed my account and then it was sold on to lowell, from my understanding I would still be able to have the late payment fees knocked off. 

 

these are the charges :

 

 12 pound over limit charge 17/12/14

 12 over limit fee 15/06/15

 12 returned payment 01/07/15

 12 late payment charge 03/07/15

 

 

 

 

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what the file size if you dont compress 4.8Mb is the limit but it would be good to see it before you reply you have 30days.

 

 

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

so you signed up to this through the shop direct cat company?

 

 

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

Posted (edited)

Hi,

 

how should I proceed ?

 

Should I send the form with box I ticked, asking for all the documents even though I have a received CCA agreement from Lowell considering it is readable and request it again with another CCA request attached to the form, or am I to say I agree the debt is mine and contract is enforceable and just knock off the £48 from the balance in box B. 
 

surely I cannot do both at the same time, I can’t say I require a copy of the CCA and also say I agree it’s mine and I’m willing to pay a reduced balance can I ? 
 

Kind regards,

 

Badger91

 

Edited by Badger91
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you dont have all the required Paperwork from lowells just an old CCa return which was sent to you when?

 

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

Ok, I Received it in august 2020, so when I send the form does any further action regarding the County court claim get put on hold until they can provide the additional documentation? 

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what county court claim?

 

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

Posted (edited)

A county court claim that will be raised if they don’t hear back within 30 days, which could result in a CCJ, if it’s not paid. That’s what the letter of claim is for isn’t it ? 

I am asking if further action regarding the letter of claim will be postponed until they can provide the documentation you are saying I should request 
 

meaning the 30 days will mean nothing until the can provide this. 
 

is that the case.

Edited by Badger91
Grammatical error
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they won't have  to comply with the list of other documents if they wish to request northants bulk raise a speculative court claim. no.

 

I dispute this debt because.. the debt purchaser has yet to provide all of the required documentation.

 

box I tick

 

I require you to supply the following..

 

A copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

All Transactions.

Any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

Details of all contractual interest added by whom and on what date.

List of ALL Payments made toward the Agreement

 

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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ops missed a bit

 

but ofcourse they WILL have to disclose to the court at least the Notice Of assignment and more fatally a valid Default notice should they raise the claim and should it progress through till the disclosures (witness statement) stage . for about £400 they might not bother , lowells if they have any paperwork issues typically did continue the claim once they HAVE to disclose enforceable documents..

 

plenty of

lowell claimform

threads here already 

get upto speed

use our enhanced google search box for the above.

CAG is self help too......

 

 

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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  • dx100uk changed the title to lowell PAPLOC now Claimform - Old Cap1 Debt notice still applicable?

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