Capital One Debt /Lowell/ Red debt collection services

[247orbital]

Hi everyone this is my first post and it seems after reading through the other threads its best to start my own thread regarding my current situation.

I have today received a letter from Red debt collection regarding a Capitol One Debt for £1500, my original balance on the card was £750.

I have not spoken to Capital One, Lowell or Red Regarding this debt.

I can not remember how long ago this debt goes back but I thnk it is at least 4 years since I had any contact with Capital One.

Todays letter is a "Statutory Demand Processing Unit"

Please could anyone advise which steps I need to take in order to resolve this matter and have the debt removed.

I also have another case with Red regarding an O2 account I had, which I will start another thread in order to hopefully have some help with.

Direction and help would be most appreciated.

[maroondevo52]

Hi, 247orbital.

Do you know if you have any charges to re-claim from the Cap 1 card ?
I would send Cap 1 a Subject Access Request see if there are charges you can claim back, putting the account into Dispute.

1. Data Protection Act, Subject Access Request letter - List of charges

Regards.

Scott.

[247orbital]

Thanks for your response, would this not open me up to the 6 year rule though? Or is that only if I speak to them in person or make an admition of the debt ?

[maroondevo52]

Hi,

"if the creditor has been in regular contact we feel it is fair to collect" (from guidelines of statue barred debt)

Regular contact means two way contact not them sending you the odd letter or you sending them one.

You only reset the clock on statute barred debts by acknowledging a debt. A S.A.R - (Subject Access Request) does not acknowledge a debt in any way. Acknowledgement is only by making part payment on the account or making an offer of payment towards the account.


Regards.

Scott.

[247orbital]

50 views and very little guidence?

I'm really lost as to which forms to send?

Help please.

[ODC]

Send Lowells/Red/Hamptons a CCA request. That way for a quid you will get a copy of your CCA agreement which may or may not be enforcable. They are also obliged as part of this request to send you an up to date statement of the account.

Do not sign the request and send a postal order rather than a cheque. This effectively puts the alleged debt in disput until Lowells come up with a properly executed CCA Agreement

[247orbital]

is this the request that has to be returned in 12 working days or the debt becomes unenforcable ?

should I still send a S.A.R. to Capital One?

[maroondevo52]

Hi,

Send letter N from this link...........

Creditors and DCAs - Letter Templates & Budget Planner

I'll see if I can get some guidance on the Subject Access Request request.

Regards.

Scott.

[ODC]

Personally I wouldnt waste £10 on the Leeds Losers or CAPONE. I would wait to see what the Leeds Losers come up with in regard to your CCA request

[MilkTrayMan]

Originally Posted by ODC

...Do not sign the request and send a postal order rather than a cheque...

I agree, however U can't get to see whether your PO has been cashed or not...
Personally, I got someone NOT financially connected to me, to give me a cheque made out to the DCA.

That way I got to know whether the DCA had cashed 'MY' cheque (...proving receipt of MY £1 CCA 1974 Request...btw), yet denying the DCA a copy of MY signature, which some DCA's have been known to forge onto a Credit Agreement...

Originally Posted by 247orbital

is this the request that has to be returned in 12 working days or the debt becomes unenforcable ?...

After 12 working days from the date of receipt the DCA would be in DEFAULT if a True Copy of the Original Agreement (...as per the CCA 1974) isn't forthcoming.
This legally allows ANY repayments of an 'alleged' Debt to be suspended.

One Calendar Month from this NEW date, if the DCA STILL hasn't supplied it, the 'alleged' Debt becomes UNENFORCEABLE + the DCA comits an Offence, which is liable to a Level 4 Fine.

Originally Posted by 247orbital

...should I still send a S.A.R. to Capital One?

Originally Posted by ODC

Personally I wouldnt waste £10 on the Leeds Losers or CAPONE. I would wait to see what the Leeds Losers come up with in regard to your CCA request

I agree with ODC.
For now, the main thing is to put the brakes on the DCA's ability to 'chase' for the 'alleged' Debt to be repaid.


I would go slightly further though + advise U to double check your Credit Report at the various Credit Reference Agencies.
This will help U see if the DCA has been regularly processing data connected to your 'alleged' Debt.

Here are links to them...
Experian
Equifax
Callcredit

A tip for U...
Experian is the major player here, it also currently offers a FREE TRIAL for a month.
There is nothing to stop U signing up, having a look/printing out your CR + then cancelling before the Trial Period ends, therefore it costing U nothing...


...

[ODC]

One slight snag with contacting a CRA is as many members here have discovered is that it seems to open the floodgates to a whole range of new DCAs chasing debts which you know nothing about, It also seems to increase the junk mail you receive from companies offering loans and other credit.

The fact that the CRAs are having incestuous relationships with the DCAs may be an explanation.