Lowell bought Cap1 debt - CCA Request Acceptable or Not?

[sasher01]

Received this and would just like somebody to cast their eye over it and tell me if it complies with my request or not and if so, does this now mean I now have no option other than paying up? Details have been blocked out.

TIA.

[citizenB]

Could you please convert your image to pdf format and repost, it isn't very easy to see at the present.

[sasher01]

Hopefully this is ok.

[dx100uk]

that's an application form...

 

 

where are the sheets of the T&C's they sent you?

 

 

dx

[sasher01]

That's all I got with a letter:

 

 

Thank you for your recent request; we attach a copy of your credit agreement with Capital One.

We consider that this copy agreement complies with the requirements of sections 77-79 of the Consumer Credit Act. 1974 and the FCA's Consumer Credit rules relating to the provision of copy credit agreements.

 

 

Then goes onto the usual we're entitled to receive payment of the outstanding balance etc etc.

[dx100uk]

who a dca or cap1

 

 

tell us the full story.

 

 

that's not even near enforceable even if they supply the correct T&C's

lots of like cap1 threads in this forum

 

 

have a read

 

 

dx

[sasher01]

DCA is Lowells and it's six months away from becoming Statute Barred. Many other DCA's have had their hands on this and then given up when I asked for the CCA.

 

 

As it appears to be a tryon on their part, how do or should I answer them to put them back in their box? I know this mob are pretty quick to get Court Summons sent out.

[catquest]

Tell them it does not comply with s78 as it does not include the documents referred to in the application form

 

 

( namely the terms and conditions that you were supposed to have read )

[dx100uk]

I'd advise you don't tip them off

 

 

dx

[sasher01]

So I just ignore it then?

[dx100uk]

what the credit files default date

and your last payment date?

 

 

dx

[sasher01]

According to Noddle, default date was July 2009. They only show from Aug '14 so not sure but I'd say my last payment was before July 2009.

[dx100uk]

yep not sb'd then

 

 

let it run.

 

 

hat letter have you had in the past, discounts etc etc

[sasher01]

Letters in the past have been the usual Court threats, discounts etc. I suppose now they've sent what they say is a copy of the CCA, if I let it run would they not get Court papers sent? Is it not advisable to respond to their letter at all?

[dx100uk]

so you've def had discount letters

 

 

can you scan them up please?

 

 

no do not respond

will make no diff to if/if not they goto court

 

 

dx

[sasher01]

Sorry, I've had no discount letters from Lowells, I think it was Moorcroft or one of the others who sent them. I don't have them now. This went very quiet for about two / three years before Lowells emerged with it.

 

 

Thanks for the advice, I won't respond to them. I suppose if they throw Court papers at me I just submit a defence stating they haven't complied with my CCA request etc?

[sasher01]

I managed to find some old paperwork and the last payment I made to C1 was on 01//02/2009. Does it therefore become statute barred on 1st Feb this year or when it was logged as defaulted?

 

 

Let's say that Lowell's know that SB is fast approaching and they get their rectum inspector Bryan Farter to shift his slimy backside and rush out some Court papers within the next fortnight. Can I still defend this on the grounds of being SB even though the lovely people sent out papers before this deadline?

[Old Cogger]

next payment due date usually 1 month later to be on the safe side?