Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

[Joanna C]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

There are differing decisions on the default notice limitation argument depending on the court .

We have also been successful against PRA Group in several cases on the limitation point with MBNA agreements where the terms & conditions stated they could terminate immediately but paradoxically we had a Circuit Judge in Blackpool in a PRA case say that the Glass v Swansea city council case wasn't applicable - though we were still successful on the appeal itself as agreement was irredeemable unenforceable under s. 127 (3) CCA 1974 etc.

As always with a CCA defence it is best not to rely on just one defence point.

[Joanna C]

Re: Please help CCA letter reply from Cohencramer on behalf of Lowell Portfolio 1 Ltd

Hi again

The reason why now i would not send anything reminding them about the S78 request is that someone might pull the paperwork from the file and actually 'do' something such as issue a claim.

Looking at the dates of the two DN's, I suspect they might be one, an actual DN and another a statement of default

I think though that you could legitimately argue that if the DN sent in mid May was the trigger the account is now SB.

Even so, and from reading a post from Diana M recently many people make a mistake about just when the last payment was or last acknowledgment was - it is conceivable that by sending a follow up letter you could have reset the SB clock although once SB it can not become un SB'd

I really would sit tight at this point as far as they are concerned.

If you feel you need to be doing something then a SAR to the original creditor which would tell you exactly when the last payment to them was and the dates of default notices - that might settle your mind

I know , if it was me I would just sit tight and save a tenner - if anything crops up you would still have time to do that

I agree with Warwick65 that'll may be better not to chase the creditor over the s 78 CCA 1974 request.

The 2 default notice entries are interesting but as Warwick65 says it could simply be that you paid the arrears on the first one - though in that case I would have thought the 2nd default notice would have been a couple of months later - not the following month.

Best way to find that put would be to send the SAR request.