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Capital One Credit Card Debt - Fredericksons now on the scene!!


bezzy0_0
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hello everyone ,

advice needed really,

credit card company

i have been paying reduced payments below minimum payments requested for a few mths now with agreement with creditors,

low earnings/circumstances changes etc.. none missed ,

 

had agreement to do this they froze interest payments during this time have been repaying mthly from the internet through my bank with no problems right up to now

 

not been getting any statement to pay for mths

 

but got a letter from lowells other day saying they had bought debt and wanted to speak to me ref to paying of debt ,

hope i have done this right,

sending of cca request plus a validate debt letter to lowells,

also wrote to cc company to asertain when they charged off my debt , has could have been paying into there acoount after they disposed of debt for a few mths now,

 

i know i owed them this money anyway but will i be able to get back the payments made to them after they sold on my debts?

 

do i send a sar to my credit card company after i received a reply from lowell?

 

thanks:?:

Edited by bezzy0_0
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Hi and welcome to CAG

 

If you have had no notice from your original creditor that this debt has been sold (who is the OC?) then I would continue paying them until such time you get confirmation from them.

 

Once you get that, continue making the payments you have already agreed to. Lowells can do nothing to you (apart from taking you to court and they would look silly when you are paying)

 

If you have had charges put on your account then a SAR to the OC would be useful

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Also, please try to contain your issue to one thread.

 

thanks

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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As above. When a debt is sold you should receive a goodbye from the original company and a hello from the DCA - this is known as a Notice of Assignment. Until you have this, as far as you are concerned the debt legally still belongs to the original creditor.

 

I suspect Lowells have bought the debt legitimately, so it might be worth writing to them and saying you have received no NOA from the OC. Until you do so, you have no choice but to continue your long standing arrangement with the OC. Once you receive the NOA then you will, of course, transfer this payment across to Lowells. I wouldn't even mention the possibility of any changes in payment or whatever, just assume the same payment will transfer across once everything is in order and let them approach you if they're unhappy with this.

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As above. When a debt is sold you should receive a goodbye from the original company and a hello from the DCA.

 

Tingy is this correct?. As i have never ever received a "Goodbye" letter from an OC regarding debt transferral under an NOA!. As far as i'm concerned it's always the new owner who acknowledges the purchased debt.

 

Regards

 

PB68.

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Same here always the DCA that introduces themselves as the new owner. Have had NOA on OC headed paper, but they were never been sent by the OC, I even sent a copy of one of these back to Barclaycard and asked did they sent it,, they said no, the new owner did, but as this was 1st Credit what do you expect.

 

By the way, I am now the new owner of your outstandig balance, payment must be made within 2 hours of reading this letter.

This assignment is valid if not even read by you.

 

Failure to pay will result in me throwing my toys out of the pram. This will initiate engulfment of your letter box with senile drivel of action that will never take place.

 

Anyone can say they own your debt, but doesn't say they do legallly

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Sincere apologies folks,

 

The goodbye and hello letters may well come together in the same envelope as your NOA, nut nonetheless there should be your NOA "Goodbye" from the OC even if the new DCA actually sends it.

 

Hope this makes sense now. Sorry!

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Hi and welcome to CAG

 

If you have had no notice from your original creditor that this debt has been sold (who is the OC?) then I would continue paying them until such time you get confirmation from them.

 

Once you get that, continue making the payments you have already agreed to. Lowells can do nothing to you (apart from taking you to court and they would look silly when you are paying)

 

If you have had charges put on your account then a SAR to the OC would be useful

 

thanks for reply , appreicated , sent 28th feb caa and query about doa request and prove it letter, to lowells and sar to cap one the original oc , recieved reply today from lowells today 4th march , no mention of prove it , no deed of assignment , and claims noa sent 8th feb and said they will contact cap one for cca and will get back to me shortly hopefully in 12 days time frame, is this standard reply and what should i be doing next ,thinking of asking oc for doa next and since i did not recieve the noa push lowells to provide proof of posting.:???:

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A deed of assignment you will not get, only a Judge can demand sight of this, what you are referring to is a Notice of Assignment (NOA), this should come up in a SAR to the OC.

 

Whenever such a laughable outfit such as Lowlifes make contact, the first response is to ignore them, then if they persist, a No debt Acknowledged letter should be sent putting them to strict proof of the alleged debt.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for reply, is that 'the prove it letter' you refer too? also do i need to ask for £1 postal order back has the dca are not suppling this, it will come from the oc they are asking it from? thanks

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In my opinion, it's pointless sending a 'prove it' letter as you have already sent the CCA request. If it wasn't your debt then a prove it letter would have helped. What you are after is proof that Lowells have the right to be chasing this debt and you have done that with a CCA request.

If they haven't supplied the agreement (or a reconstruction of it) within the 12 working days then you can put the account into dispute.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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In my opinion, it's pointless sending a 'prove it' letter as you have already sent the CCA request. If it wasn't your debt then a prove it letter would have helped. What you are after is proof that Lowells have the right to be chasing this debt and you have done that with a CCA request.

If they haven't supplied the agreement (or a reconstruction of it) within the 12 working days then you can put the account into dispute.

 

thanks silverfox,suspect wont get the cca back in timeframe , will definetly send letter in dispute strightaway , aslo should i not mention yet that i had not received the noa yet which they claimed to sent in feb, keep it back UNTIL after they replied to dispute letter:???:they have to prove of posting -rec/del of that action i believe ,

Edited by bezzy0_0
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  • 1 month later...

Hello everyone , i have in been letter tennis with cap1 couple months now about my cca but more important they have been not responding in any way to my cputr 2008 request letters(no surprise there then) has to do they hold a current enforcible cca , (sorry dont have a scanner)had a reply from head of execuitve response centre which says:

 

i acknowledge that you are directing our attention to the consumer protection regulations 2008(CPUTR).i can confirm that we have in no way misled or decieved you and we are not going to change our postion. is this misdirection tactics?, has i feel i am still justified pursuing them to answer the question put to them corrrectly and in full? they have still in my opinion not answered that they do indeed hold a current enforcible cca.

 

As i mentioned earlier in my previous letter , you now have the option of contacting the financial ombudsman.Although we have provided you with their contact details, it is our understanding the financial ombudsman service may choose to not consider your case has issues regarding the enforcibility of consumer credit agreement would better considered by a court.i must now inform you that any futher contact we recieve from you on this subject will be acknowledged but we will not enter into any further correspodance.

 

well if they wont answer cputr question and will not enter into any further correspondance , where do i go from here with them , still push for proper answer with no replys from them ?:???:

Edited by bezzy0_0
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Do the same back to them, send a final Account in Dispute letter, and add a similar paragraph on the end of it as in theirs! Personally I would send it recorded delivery and make sure you keep their letter, and a copy of the notice of receipt of your letter as posted on the Royal Mail tracking website.

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  • 2 weeks later...

Hi Bezzy,

 

When you say you have been playing letter tennis with them, have you sent an official request for your CCA with the required fee of £1.00 and have they responded?

 

How old is your Cap 1 account?

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Hi Bezzy,

 

When you say you have been playing letter tennis with them, have you sent an official request for your CCA with the required fee of £1.00 and have they responded?

 

How old is your Cap 1 account?

 

hello , thanks for reply, my cap 1 account is around 10 yrs old approx and i stop paying very recently, yes, i sent sent cca request with the £1 fee

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bezzy

have they actually previously made any misleading statements etc?

afaik the cputr doesn't actually require any 'statements', re 'enforceability' for eg, to be made upon request?

legal enforceability of an agreement etc is for the courts to decide. and, the fos *may* not get involved in such legal issues?

an accurate 'reconstitution' would prob satisfy a cca request.

imo

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bezzy

have they actually previously made any misleading statements etc?

afaik the cputr doesn't actually require any 'statements', re 'enforceability' for eg, to be made upon request?

legal enforceability of an agreement etc is for the courts to decide. and, the fos *may* not get involved in such legal issues?

an accurate 'reconstitution' would prob satisfy a cca request.

imo

well not misleading has such,i am quite aware that they have satisfied my cca request with there reconstructred copies, but my question was that they are very reluctant to answer any question put to them direcly to do with cputr 2008 (which makes very suspious off them- why dont they answer) , if they had an enforcible cca would it not be so simple to state that in a reply, esp that i am asking do they currently have properly executed original cca, has my agreements are around 9 to 10 years old.

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..why dont they answer..

 

 

 

because they don't have to!

and also, ordinarily they prob won't because it is for a court to decide upon the enforceability of an agreement in the circumstances. but, if a dca/oc does happen to make a misleading statement etc re enforceability etc then they may be in breach of cputr?

is there any chance that it is statute barred?

any charges/missold ppi involved?

also consider s127 and/or s140 cca

the reconstitution has to be accurate? (see for eg the Kotecha case)

is the default notice compliant?

imo

Edited by Ford
typo
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I agree with Ford.

 

Cap 1 produced 3 different lots of T & C's for mine and none of them tied up with what would have been the original as the interest rate was different, which was confirmed by statements produced when they responded to a SAR.

 

They have been quiet for a very long time now but I guess that is because they owe me more back and I haven't pursued them.

 

If you haven't already, have a read of some thread relating to Cap 1 and you will quickly realise that they will NOT answer a direct question, only issue letter full of gobbledegook!

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I agree with Ford.

 

Cap 1 produced 3 different lots of T & C's for mine and none of them tied up with what would have been the original as the interest rate was different, which was confirmed by statements produced when they responded to a SAR.

 

They have been quiet for a very long time now but I guess that is because they owe me more back and I haven't pursued them.

 

If you haven't already, have a read of some thread relating to Cap 1 and you will quickly realise that they will NOT answer a direct question, only issue letter full of gobbledegook!

thanks for that dotty and ford , appreciated, will go through cap1 threads again more closely, even though been on this great site a little while ,so much input to take in ,and i will purchase a scanner and put up what all they have sent me in there replys in regards to the cca request.

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