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Bo's Mates -v- Capital One


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Well, I knew I'd arrive on the Bank Forums at some point:o

 

I discovered quite by accident the other week, that friends had been getting extreme telephone harassment from Lowell Financial over an old Capital One card.

 

Unfortunately, they did not realise that the debt was about two months away from being Statute Barred and made a payment by card over the 'phone:-(

 

As they are both now unemployed, I would like to help them by reclaiming the charges on the Cap One card. I know that the charges will far outweigh the total amount originally outstanding and will be sending an S.A.R - (Subject Access Request) to Cap One and the following dispute letter to Clownells (courtesy of Curlyben;)) :-

 

 

ACCOUNT IN DISPUTE

 

 

Dear Sir/Madam

 

 

Your ref: xxxxx

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

 

 

I am disputing the total value of these debts with **BANK** due to

unlawful and unreasonable charges. As such, therefore, I consider this

account to be in dispute and no further action or payment shall be made

until this matter is resolved as per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Take further note, that continued telephone calls after the receipt of

this request not to call, may constitute a criminal offence under Section

127 of the Communications Act 2003.

 

Communicate in writing and ONLY in writing, your telephone calls will

NOT be answered.

 

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

 

I hope that you will enter into a sincere dialogue with me about this

matter and I am writing this letter to you on the assumption that you

would prefer to do this than merely respond with standard letters and

leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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Hi Bo, if it is of any use Lowells failed to find a CCA for my Capital One card. Failed at the first hurdle - heard nothing for about 8 months:p

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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About time you did some real work rather than annoying DCA's ;)

 

Cheeky :p

 

Hi Bo, if it is of any use Lowells failed to find a CCA for my Capital One card. Failed at the first hurdle - heard nothing for about 8 months:p

 

Hi GL - did think about going down the CCA route but tbh, I would rather help mates and get the charges back as they could really do with the money:)

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well they have got a good friend and if you need any help

you know where we all are good luck bo

 

 

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Luck with Cap1, ROFLMAO ;)

 

Worked for me CB:o

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Just popping in to see how your doing with this one. Glad to see you have come over to this side...(at last :D )

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Thank you for popping in SSL:) Yep, I knew I would get here eventually;) This is a real learning curve for me because I'm helping friends so hopefully, I should be able to gain good info and knowledge from the nice peeps who have been there and hopefully, it will stand me in good stead for claiming charges back for myself and my OH:o

 

Yes, I definitely need to get onto HIS Bank Charges gggrrrrrrr - look out Yorkshire Bank - you're next :p

 

Bo:)

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  • 1 month later...

Update:-

 

My friends have received a letter further to the CB special letter in my first post:- (my comments in purple!)

 

We refer to your recent correspondence regarding the above matter. So you got it then?

 

We understand that you believe this account to be made up of unfair interest and charges with Capital One.

 

We have investigated this matter with our client and they advise that you should contact their specialist department with regards to this matter at the following address:- I have already done this, as you well know!

 

FAO

ERC Department

Capital One Bank

P O Box 5282

Nottingham

NG2 3YH

 

There's no way I would have sent the S.A.R - (Subject Access Request) to a P O Box address!

 

Just for info, I sent the S.A.R - (Subject Access Request) to Trent House, Station Street, Nottingham, NG2 3HX

 

 

We will hold your account for thirty days to allow you time to contact them and to advise us of their response. That's nice of them, innit?

 

We trust this information clarifies the situation and look forward to hearing from you.

Note: nothing to say that they will do as they're told and only correspond in writing :rolleyes:

 

So basically one of their usual standard template letters!

 

However, surprise, surprise, not one single 'phone call from them at all. So they can actually read then!

 

So onto the S.A.R - (Subject Access Request) from Cap One. Well, phew that took some trawling through (er, I didn't see a CCA agreement in there anywhere either) :o

 

But after adding all charges, I have to admit that they are less than the amount that Lowells are asking for by about £70, so there is little point in reclaiming I'm afraid.

 

Oh well, I have gone into "default mode" now. I'll wait for the next standard template letter from Lowells and hit them with a CCA request :grin:

 

So go on Goldlady, say "I told you so Bo" :lol:

 

Shame though, I was really enjoying that :(

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Bo have you added interest to the charges?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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If the account is quite recent they might actually have a valid CCA. I thought they told you it was an old debt?

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Oh Bo I see what you mean - sorry been a tough week doing tax returns. What a bummer that your friends made payments. Still definitely worth sending them a CCA request :eek:. I can't remember when my Cap One card was issued but I would be VERY surprised if they come up with a CCA. I haven't had any reply from Lowells since they wrote in June last year saying they had asked Cap One for the agreement. Go on, spend that £1, send the CCA request. You know it makes sense pmsl. But no cheques signed by your friends - just incase they do a Blue Peter on them.:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Oh Bo I see what you mean - sorry been a tough week doing tax returns. What a bummer that your friends made payments. Still definitely worth sending them a CCA request :eek:. I can't remember when my Cap One card was issued but I would be VERY surprised if they come up with a CCA. I haven't had any reply from Lowells since they wrote in June last year saying they had asked Cap One for the agreement. Go on, spend that £1, send the CCA request. You know it makes sense pmsl. But no cheques signed by your friends - just incase they do a Blue Peter on them.:D

 

I'll just wait until the next threatogram from Lowells and then smack a CCA on them :grin:

 

Yep, friends know on the cheque front, told 'em to send a PO ;)

 

Sorry for late response, I was admiring your sig - very nice :cool:

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Finally got round to the signature after some kind person reminded me:D

 

I am sure you will succeed on the CCA. Seems that Lowells have been intimidating many peeps on statute barred stuff in the last month or two and there are major battles going on.

 

What really worries me is the peeps who haven't got mates like you or me or who haven't got internet access. How much money have these creeps extorted from statute barred debts - and indeed from the wrong person entirely? There are moves to get them closed down:cool:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Yes, they really do have a very bad reputation. Fortunately (or unfortunately!), they're not on my portfolio - yet :D

 

My friends had no idea what Statute Barred meant until I explained it to them so I dread to think of how many other peeps aren't aware of the laws relating to SB debts.

 

Hopefully, the relevant bodies will get involved and Lowells will be history - we live in hope.

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