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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 17th March 2007, 11:25   #1 (permalink)
storm
Classic Account Customer
 
Watch out, there are Claims Touts about!

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Join Date: Mar 2006
Posts: 213
storm Novitiate
Default Captital One Sold Debt Although They Had CCJ

Capital One obtained a CCJ against me in the days when I just rolled over without a fight.

Anyway, we had been making payments in line with the CCJ until all these charges came to light.

We are in the process of making a claim to get the charges back which pretty much wipes out the balance left, however Capital have now sold the debt on to Lowell

Lowell are threatening court action and CCJ's etc, my question is this, can they actually obtain another CCJ for what is in fact the same debt

Of course if and when we get the money back from Capital we will pay it off but Lowell may well act before Capital pay anything back
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Old 17th March 2007, 15:27   #2 (permalink)
lookinforinfo
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Default Re: Captital One Sold Debt Although They Had CCJ

You can only get one CCJ on an account, so not sure what Lowell are up to.
I assume that you have sent an S.A.R - (Subject Access Request) to Cap 1?
If so, write to Lowells pointing out that there is already a CCJ on the account, and as you are contesting the charges levied on the debt which
will virtually eliminate the debt, taking you to Court seems a lost cause.
Hopefully, they will either return the debt, or leave you in peace till the dust
has cleared.
Once you tell them the account is in dispute [though you may need to be at
the lba stage at least] and Lowells continue chasing you, complain to
Trading Standards and show them a copy of the letter you sent to Lowells
advising them of your situation.

Last edited by lookinforinfo; 18th March 2007 at 04:07.
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Old 17th March 2007, 16:03   #3 (permalink)
storm
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Default Re: Captital One Sold Debt Although They Had CCJ

Thanks for that, yes I have actually just had the standard delaying tactic response from Capital after the LBA, but actually sent them an LBA about 2months ago, its just that other issues cropped up so it was put on the backburner somewhat

I'm sure that is why Capital sold it on, but actually woudln't be surprised if Lowell don't know anything about the dispute or there being a CCJ already

After all I'm sure the banks/cc companies have no hesitancy in not being totally honest with collection agencies as well as consumers
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