Sue V Capital One.....or Lowell Finance?!

[dollies01]

I had a capital one card in 2001, I dont think its been in action since 2002
I had heard nothing until about six weeks ago when I had a letter from Capt one saying they had defaulted the debt and passed it onto Lowell Financial.
Two days later I had a letter from Lowell Financial saying that I owed £577
On the 10th August I sent Lowell Financial a CCA letter
Today (12th September) I have recieved a copy of my "short application form 5188"
There is NO statement of account, or anything else except for a covering letter..........this isnt right is it?

[garethmiller]

Ring Lowell and say you dispute the amount and that you require evidence of the amount you owe due to the long period of account inactivity. They have to give a months grace to you which should buy you some time. Also put in a request to Capital One for statements (i take it your planning a claim). Its Capital One you make any claim against.

[dollies01]

In the cca letter it states

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

A statement of account, surely would be the same as statements from Capital One?

[garethmiller]

I imagine so, sorry I missed the CCA letter bit. Teach me to read things properly. You need to write a letter to Capital One's Executive Office and dispute the amount you owe. Ask them to provide evidence e.g. statements. Also ring and write to Lowell and say the account is in dispute so they are off your back for a month. When you get the statements dispute the amount again if you have charges that you can reclaim and send off a pre-lim letter etc etc.

[dollies01]

Sorry, I think maybe I'm not being very clear in what I'm saying

My points is

Lowell finance have failed to supply all the documents required to complete a cca?

or have they?

Im sure a mod will be along to set me straight soon!

[garethmiller]

I see what your saying but my post was based on your need to sort out your debt recovery problem first? you don't want court action against you after all.

Your agreement was with Capital One and not the debt company, thats just who the debt has been sold onto. So shouldn't your CCA letter have gone to Cap One?. I may be wrong lets hope someone can help.

[dollies01]

Another letter from Lowell finance came this morning.
No mention of the cca request
Just saying that despite prevous attempts they still have not reached a resolution to the outstanding balance..

They wont be either, until they fulfil this obligation!

[juicy3675]

It doesnt sound right to me, its at least not everything that you asked them for..

Lowells are a vile bunch of scumbags...I wouldnt trust them.

Go here... DEBT HELP UK FORUM - Login

for help with your query, they helped me with a case with Lowell and in fact it was the guys at the Debt Help forum that led me to this place.

They're all really nice and they'll be able to tell you what Lowell need to provide you with

[dollies01]

And yet another letter recieved today!
They are sending an agent to collect payment (yea right!)

I rang but they wouldnt take my call as I refused to give them my telephone number, so I emailed the following instead:
I have rung your offices this morning, but was told my phone call could not be continued, as I refused to give my telephone number.

I was ringing to remind you that despite the fact that the above mentioned account is in dispute, you are still harrassing me for payment,
this is unlawful.
You have failed to respond sufficiently to my cca request, as merely sending a signed copy of an application form, does not prove any debt.
I will not enter into any discussion with you regarding this matter, until such times as both you and capital one provide details for the cca request and subject access data, respectively.

I trust this clarifys my position.

[tamadus]

Originally Posted by dollies01

And yet another letter recieved today!
They are sending an agent to collect payment (yea right!)

I rang but they wouldnt take my call as I refused to give them my telephone number, so I emailed the following instead:
I have rung your offices this morning, but was told my phone call could not be continued, as I refused to give my telephone number.

I was ringing to remind you that despite the fact that the above mentioned account is in dispute, you are still harrassing me for payment,
this is unlawful.
You have failed to respond sufficiently to my cca request, as merely sending a signed copy of an application form, does not prove any debt.
I will not enter into any discussion with you regarding this matter, until such times as both you and capital one provide details for the cca request and subject access data, respectively.

I trust this clarifys my position.

Ok dollies I just found this thread,

Your CCA request should provide a copy of the signed and executed credit agreement, a statement of account ( which may just be a balance statement) and any other document mentioned in the agreement. After 12 working days Lowell are in default and after a further 30 calendar days the commit an offence and the debt is unenforceable until a court enforces it, which is unlikely without the proper paperwork. They are NOT entitled to enforce the debt while they are in default.

if anyone calls at your house get their name and ideally take a photo of them ( your mobile is good) The account is in dispute and a home visit is clearly harasement. a photo will be good evidence in court.

You have made your CCA request to Lowells and they are obliged to provide that information whether they are the original creditor or not.

They stopped the phone call because it meant they couldn't get your number so they couldn't make harassing phone calls to you.

From my calculations they are no longer able to enforce the debt without a court order, so write to them and tell them that their allowed time to reply under the CCA has now expired and that any attempts to enforce it will result in litigation. The application form is not a credit agreement. The agreement has to stipulate that it is a credit agreement regulated under the CCA 1974 and must also tell you that you have a cooling off period.

[tamadus]

I forgot to include in the last post that the DCA is required to supply the information whether they are the original creditor or not under section 189 of the CCA.

[dollies01]

statements arrived this morning, along with a letter of apology (kinda) from Lowell for harrassing me!

Total for unlawful charges is £ 366

amount outstanding on accout £577

If my claim goes to court there will be about £80 left for me to pay

much better ! lol

[tamadus]

Originally Posted by dollies01

statements arrived this morning, along with a letter of apology (kinda) from Lowell for harrassing me!

Total for unlawful charges is £ 366

amount outstanding on accout £577

If my claim goes to court there will be about £80 left for me to pay

much better ! lol

I think by the time you add up the interest since 2002 Dollies their will be even less than £80 left to pay

I assume as they have sold this onto Lowell then a default notice has also been issued. I would include removal of that in your claim as well as its obvious the default amount is going to be less than the amount they owe you.

[j0hnd0e]

hi there people well iam new to the forum well how i found this site is i had a capital one card when at college in 2003 i had no statements or nothing from capital one then about 3-4 weeks i got a debt leter from lowell financial 575£ so i made a few payments then today i got a letter saying the are offering me 50% of my debt i have never herd of this can anyone explain
thanks

[tamadus]

Originally Posted by j0hnd0e

hi there people well iam new to the forum well how i found this site is i had a capital one card when at college in 2003 i had no statements or nothing from capital one then about 3-4 weeks i got a debt leter from lowell financial 575£ so i made a few payments then today i got a letter saying the are offering me 50% of my debt i have never herd of this can anyone explain
thanks

Firstly John start a new thread of your own so you don't hijack this thread, plus it makes it easier for us to keep track of your case and advise you better.

Yes I have seen this tactic beforefrom Capital ! and MBNA.

Basically they are saying that if you send them a certain percentage of the debt then they will cancel the balance. be warned though that this does not mean the debt is written off, it will be marked as settled but with an amount outstanding.

It looking like MBNA and Cap 1 are trying anything at the moment to reduce the amounts outstanding to them.

[tamadus]

Any update lately Dollies ?