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After some advice please!!


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Just pasted this from the DCA forum as i'm after some extra advice and also think its relevant to this forum...

 

Hi everyone, brand new to this and after some advice if poss...to cut a long story short, back in 2001/2 I had a Cap1 credit card, which through separating with my ex and selling the house etc got kind of forgotten, and I heard nothing about it for years..out of the blue, I got a threatening letter from Lowell portfolio in Dec 2005 demanding nearly £500, (the credit limit on the card was £200, so couldn't possibly have owed that much) but nevertheless I instantly paid them by debit card, and thought that was the end of it..

Then I got the online creditexpert service last month, and discovered that they had applied a default, with a 2002 date on it, having conducted an unrecorded enquiry search on my file in 2006, (strangely AFTER I paid them).

I honestly forgot about this card with the house / kids stuff going on and instantly paid for it when they contacted me, (£500), and they THEN put a default on my file. Now this is due to come off supposedly in 2008 anyway, but I feel that they just did it to screw me over, as it wasnt there until I paid them, then they put it on..so I sent off a letter (CCA request) having viewed lots of your very helpful threads on here asking them to substantiate the data, requesting the cca,default notice etc.

They have since replied to me saying that they confirm to be in receipt of my £1, and that they will endeavour to respond within the prescribed 12 days but that it is dependant on them requesting the data from Cap1 and thus may take longer (don't think this is true is it?) and also asking for a copy of my credit report to help their investigations...should I send it?

I'm a bit worried about giving them a copy of my report!

I'm very grateful and thanks in advance for any help you may be able to give me..I'm just going to try and scan in my letter to them and their reply if its any help so you guys can see it....

Thanks again,

Python

 

 

 

 

 

 

 

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OK, this was my letter to them...

 

Lowell Portfolio I xxxxxxxxx

Enterprise House xxxxxxxxxxxx

1 Apex View xxxxxxxxxxxxx

Leeds xxxxxxxxxxx

LS11 9BH xxxxxxxxxx

 

20/09/2007

 

Your Reference xxxxxxxxx

 

Dear Sir / Madam,

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name, at my previous address of xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxx

I moved from this address in 2002, and sent change of address details to all lenders with whom I had accounts.

 

You sent me a letter to my more recent previous address of xxxxxxxxxxxxxxxxxxx, stating that I owed you £493.74 for a debt that you had purchased from Capital One, which I immediately paid, in full by debit card.

 

My query specifically and only relates to the Default registered with the Credit Reference Agencies.

I have never received any documentation relating to this, and I therefore require you to substantiate this data at your earliest convenience.

 

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. Your obligation also extends to providing a statement of account. - I enclose a £1 postal order in payment of the statutory fee.

 

2. You Must supply me with a true and certified, signed copy of the original Default Notice, as per Sections 87 & 88 of the Consumer Credit Act 1974 and the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993.

 

3. You must supply me with any Deed of Assignment if the alleged debt was sold on.

 

I request that this data is provided to me at my current address of xxxxxxxxxxxxxxxxxxx within the next 12 working days.

 

If you are unable to provide this data then I must insist that the default be removed from my files as unsubstantiated.

 

Yours faithfully

 

xxxxxxxxxxxxxxxxxxxxx

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and this one from ODC...

As it is a Cap One debt I will be very surprised if Lowells can come up with an Executed Copy of your CCA request. The best they will come up with is a poor photocopy of you application form which will not contain all the prescribed terms. If this proves to be the case the debt would have been unenforceable in Court.

 

Whilst I do not advocate this as a means of Debt Avoidance I do feel that you may have paid our friends in Leeds a lot more than you needed to and they still defaulted you.

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