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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Desperate Daniella

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Everything posted by Desperate Daniella

  1. Desperate Daniella
    Hi, A number of people have received this letter in the last day or so (and I expect there are others who've received it too). When they offer huge discounts it means they know they don't have a leg to stand on. Are you coming up to statute barred? When did you make the last payment? DD
  2. Desperate Daniella
    Hi Beachy, Isn't this statute barred by now? I know this thread started over six years ago. When did you make the last payment? Generally when they are offering big discounts it's because they know they haven't got a leg to stand on. Anyway if it's not SB I can give you some ideas for your letter. DD
  3. Desperate Daniella
    Well I think you should be okay here. I'd write back next week and tell them that it is statute barred and refer them to the last payment date rather than the default date and that'll give them some running around to do. Then when you get the next letter you can tell them it's statute barred and to *** off. In any case I can't see them getting anywhere at this stage if they tried to take any action. They do know of course that these CapOne accounts are not CCA compliant. They won't want to waste money on you. They prefer people who don't fight back!
  4. Desperate Daniella
    So they've just typed your name above a printed credit agreement?
  5. Desperate Daniella
    Hi, There is an incredibly long thread on this issue. It went on for weeks and weeks and most people felt it was six years from when they defaulted you, but some of these companies don't default for several weeks or even months after a missed payment. My head was spinning and some people got quite cross. I always thought that it was the date of the last payment or the date you last acknowledged the debt in writing or by making a payment, but others think it is the date of the first missed payment which would be a month later because this is when most of the companies would have a cause of action. Stepchange says it's six years from the date of the last payment. NDL says it's six years from the cause of action which may mean one or two missed payments, depending on the credit agreement. Apparently some credit agreements actually say when they will have a cause of action, but none of mine do. I've never been able to find a case where a judge has ruled on this. How long over the six years are you from the last actual payment? DD
  6. Desperate Daniella
    If the default from Lowell went on almost five years ago then clearly there were no payments made for some time to Capital One before they sold it on. (I'm assuming there are no CapOne defaults showing anywhere?) What exactly have the letters been saying? Are they actually threatening anything yet?
  7. Desperate Daniella
    Haha. It may be their final response but it's not going to be yours! Don't reply for a few days - couple of weeks - because if you do they think they are calling the shots. Write back and say that they did not reply to the points you raised in their previous response and then repeat the bit about HSBC v Carey. Then CPUTR etc....... And then say, "It is a simple question and the answer is YES or NO." As you suggest I shall of course be reporting this to the Financial Ombudsman if you fail to provide the documents I have requested within seven days. You state in your letter of xx that you were enclosing documents for my perusal but these were not enclosed. Then when you have a minute phone up the FOS and report them for demanding money from you without providing a copy of your alleged credit agreement. If FOS ask if you had the money say you did but you think you may have been overcharged and incurred various penalty charges and it is for the reason that you wish to see your original agreement, as of course you have a right to do. They will give you a reference number and send you a form to complete. In my experience Lowell will write to you before you send in your complaint, because they will be notified immediately. DD
  8. Desperate Daniella
    Did they specify a date to reply? 14 days or whatever?
  9. Desperate Daniella
    Did they answer the points about CPUTR or Carey v HSBC? Or have they just ignored all the points you raised?
  10. Desperate Daniella
    Hi there, Write to Lowell and tell them they are well aware that they have not sent a copy of your alleged credit agreement. Tell them you wish to see a copy of the whole alleged agreement and not just the parts they have cut and pasted. Refer them to the Waksman Judgement in Carey v HSBC, Paragraph 234 (4) which that states that where an agreement has been varied by the creditor under a unilateral power of variation a copy of the original agreement must be supplied. Then refer them to the Consumer Protection from Unfair Trading Regulations 2008 and tell them they are obliged to let you know if they hold, or have ever held, a properly regulated credit agreement for this alleged account. They are equally obliged to inform you if they have no such agreement. Finally tell them that you will wish to personally inspect any credit agreement they may produce! DD
  11. Desperate Daniella
    I think you are right. It's ludicrous that the banks/card companies don't even know what's being sent out in the name. I take Mike's point about insurance companies, but this is a little different.
  12. Desperate Daniella
    You are absolutely right. They are just churned out with very little cost to the councils. I've had a couple of these in the past and I've challenged the "court costs" and never had to pay them. I do expect it depends on individual councils though; some may not back down.
  13. Desperate Daniella
    Hmm. I think, as I said, when I clear some more of my financial issues I'll start writing to people about this. If you wrote to the bank itself and asked for a copy of the Notice of Assignment they would never be able to produce it because they didn't actually issue it! What a farce. DD
  14. Desperate Daniella
    Hi Mike, Who exactly allows this? Has there ever been any ruling anywhere that this is okay? In a normal, small to medium sized company the Directors/management wouldn't want a third party sending out letters on their headed paper and if a bank wants to assign an account they should do so in each individual case, not just hand over some headed paper to the DCA bullyboys and allow them to write what they like. Half the time if you ask one of these companies to send you a copy of the Notice of Assignment they can't, and will say they have already sent it. The reason they can't/won't is because they just churn them out and don't even keep a copy of what they have sent. They are very reluctant to send a second one because they don't have a note of the date they sent the first one! They can create a new one, of course, but they are worried you'll then have two with totally different dates! I did actually mention this use of another organization's headed paper to the FOS some years ago and they didn't think too highly of it, but I wonder if there ever has been a final ruling from anyone about this? DD
  15. Desperate Daniella
    It's absolutely appalling but many of the banks, particularly Capital One and Barclays actually allow the DCAs to send out letters on their headed paper. When I get through my particular situations I'm going to raise this issue with the FOS. This is so wrong.
  16. Desperate Daniella
    Great result. Well done for taking them on. DD
  17. Desperate Daniella
    Trout, That is brilliant news. Well done! What's really good is that Lowell have to pay over £2k in costs. Might make them think twice next time before going for someone who is obviously going to be fighting all the way. I'm very glad they were told that issuing a Statutory Demand is not the way to try and enforce an unenforceable agreement. DDxx
  18. Desperate Daniella
    Hi Ryan, Yes, send the letter and see what they say. 2001 Capital One application forms, which is what this is, do not comply with the CCA 1974. Did the assignment letters from CapOne and Lowell arrive in the same envelope? They usually do because Lowell just type up the CapOne too. CapOne really shouldn't be giving their stationery out to all and sundry but they do. You may have to play a bit of letter tennis, or you can ignore them and see what they decide to do. Personally I prefer letter tennis and after I sent them some fairly strong letters they decided to write off my account. If you fight back they'll look for easier targets - those poor people who haven't found CAG. DD DD
  19. Desperate Daniella
    Hi Gazza, I agree. You should ignore them. DD
  20. Desperate Daniella
    Hi Gazza, Do you have a copy of the Default Notice anywhere? The latest thinking seems to be that you have to add the time offered to remedy the "non-payment" to the date of the DN before it's SB, but I don't think anyone has yet been taken to court over this and had to defend it. Discount offers are good news, as I'm sure you know. I had a card which must be SB by now and last year I got about four letters offering me increasingly "attractive" discounts. Then I got statements telling me to deal directly with the DCA appointed to deal with my account - but there was no DCA!!!! Hang in there. DDxx
  21. Desperate Daniella
    No threats! I'd give it a couple of weeks and then write and say they haven't answered your query, and reiterate what you have already said. I had to do this for months before they threw in the towel. My letters got just stronger and made it clear I wanted answers to my questions and would not be side-tracked. Lowell are well aware that Capital One do not have enforceable credit agreements from the late 1990s/early 2000s. However not everyone they are chasing knows about CAG or how to deal with them so they'll make money on some of the accounts. Bearing in mind they probably only paid 10p in the £ for them it's still going to be a nice little earner. DD
  22. Desperate Daniella
    Hi Gaz, Forgive me for not reading through the whole thread but I thought you stopped paying in or before September 2008. Isn't it Statute Barred by now? DD
  23. Desperate Daniella
    Sorry if this has already been stated but it was the Trustee in Wendy's bankruptcy who said she had applied for a refund of the PPI from CapOne on Wendy's behalf. I do not believe for one moment that she would make any kind of effort at all. If the PPI had been reclaimed then Wendy would not have owed the money which took her over the threshold for bankruptcy. The Trustee had a vested interest in not getting a refund. Wendy has written to Capital One herself about this and they have ignored her letters.
  24. Desperate Daniella
    We also know, Brig, that what they said was the "credit agreement" which has no names or signatures cannot have been the one sent in 1999! In six years here I've never seen a Capital One, properly regulated, agreement. I can't remember if you were on Sunflower's thread when loads of us all chased Ellie Renshaw at the same time asking to visit the CapOne offices in Nottingham to view our agreements. Suffice it say, Ellie ran for the hills. She wouldn't even take phone calls from any of us. I think they are well aware that they didn't issue the correct agreements and so what they did issue - if anything apart from the application forms - will never see the light of day. DD
  25. Desperate Daniella
    Of course they would like to resolve it amicably! Capital One have sent a copy of an application form, not a properly regulated credit agreement, and they are well aware of that. I personally would ignore this one until they write again, but if you prefer we can send a letter back in a couple of weeks. As you have already worked out, RED are just their "threatening" department. DD

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