Lowells/Cap1 2005 - CCA return - fold App Form + V10 T&C's - enforceable?

[dx100uk]

around you last payment /usage

 

 

dx

[DebtUpToMyEyeBalls]

Last Usage was April 2009

Last Payment was March 2009

 

 

I still think another 4 - 5 months before statue barred

[dx100uk]

:thumbup:

 

 

dx

[DebtUpToMyEyeBalls]

So dx....Do I need to send them a letter?...

[dx100uk]

only invites letter tennis

 

 

dx

[DebtUpToMyEyeBalls]

Got a reply to my "Account in Dispute" letter today.

 

 

They seem to think the CCA is valid?

[dx100uk]

they can 'think' all they like!

 

 

dx

[DebtUpToMyEyeBalls]

What will their next step be...more begging letters?

 

 

Should I reply or just ignore them.

 

 

I'm just worried as the amount they are chasing is a big sum, 10k+, and because I own my own home, I don't want them to apply for bankruptcy and chance us losing our family home.

[goodatresearch]

Their letter seems to be admitting that you only signed an application form and the terms and conditions were only supplied with the card? Not very clever of them.

 

 

Got a reply to my "Account in Dispute" letter today.

 

 

They seem to think the CCA is valid?

[Desperate Daniella]

Hi there,

 

 

Have you posted up the Application form? I've looked at the documents on the first page of the thread and there is something missing. The printed alleged agreements are there, but no application form.

 

 

DD

[DebtUpToMyEyeBalls]

Hi Daniella

 

 

Thanks for looking at my thread, all the documents they have sent me regarding the CCA is in Post 135

 

 

Many Thanks

[Desperate Daniella]

Thank you.

 

 

I know some people don't agree with playing letter tennis, but I always do. Lowell have a nasty habit of issuing Statutory Demands to avoid going through the usual County Court process and although these can usually be defended successfully it's all a pain.

 

 

I would write back to them and tell them that in response to your request for a copy of your agreement they have sent you only a copy of a signature box and you require to see the whole document. Refer them to the Waksman Judgment in Carey v HSBC, Paragraph 234 (4) which states that where an agreement has been varied by the creditor a copy of the original agreement must be supplied.

 

 

Also tell them that the alleged agreements they have sent do not bear your signature and there is no connection between either of them and the signature box.

 

 

Then tell them they are obliged by the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 200) to advise you if they hold, or have ever held, a properly executed signed credit agreement for this account, and they are equally obliged to advise you if they hold no such agreement.

 

 

Tell them that if they do find the entire agreement you allegedly signed you will make an appointment to visit their offices to examine it.

 

 

They will then write back and ignore your questions!

 

 

It did take me some time to get them to appreciate my point of view and agree to write off the account, but I got there in the end. Like you, it was quite a large amount of money so it can be done.

 

 

DD

[DebtUpToMyEyeBalls]

Many thanks Daniella

 

 

Please could you point me in the direction of a drafted letter I could send to them with this information contained.

 

 

Many thx again

[Desperate Daniella]

Hi there,

 

 

There isn't a drafted letter as such. This is more or less what I said. Different people receive different things, and the points they have to raise depend on the date the account was opened.

 

 

So basically,

 

 

Dear Sirs,

 

 

I acknowledge receipt of your letter dated....

 

 

I have not received a copy of the signed alleged credit agreement for this account. I have received only a copy of a signature box and some typed up "agreements" which do not bear my signature. There is no connection between the signature box and these two "agreements" and they were not sent to me at the time I made an application to Capital One. I require you to send me a copy of the entire agreement you allege I signed. I would refer you to the Waksman Judgment in etc., as above to end of paragraph.

 

 

You are obliged under the Consumer etc., as above to end of paragraph.

 

 

If you will confirm that you do hold a copy of my original signed credit agreement I will make an appointment to visit your office to inspect it.

 

 

Anything else you want to add.

 

 

Yours faithfully,

 

 

 

 

 

 

 

 

 

 

DD

[DebtUpToMyEyeBalls]

Many thanks Daniella....

 

 

Letter sent today

[DebtUpToMyEyeBalls]

I have received a response to my last letter.

I'm convinced they don't even read any letters they receive, My letter stated that I have not received a copy of the signed alleged credit agreement for this account and I have only received a copy of a signature box and some typed up "agreements" which do not bear my signature.

So guess what they send in response!...The same credit agreement and terms & conditions they originally sent when the CCA was requested!!

The coving letter states “Please find attached copy of your signed agreement and statement”. They have now placed all collections activity on hold for 14 days giving time for me to respond.

[dx100uk]

pers I'd be stopping letter tennis now

 

 

dx

[DebtUpToMyEyeBalls]

I have just checked the statements they have sent me and the last payment to the account was on the 13th March 2009 and the last usage was on 28th April 2009.

 

 

So we are very near being statue barred.

[DebtUpToMyEyeBalls]

Received another "We have not heard from you...We are willing to help.....If I don't contact them the account will be passed collections" letter today.

 

 

Is it worth a response i.e. reminding them they have not fully responded to my request for a viewing of the CCA?

 

 

Also what is the criteria for statue barred?

 

 

Many thx

[dx100uk]

as post 167

 

 

dx