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Hi, URGENT!!! help required with capital one please


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Hi all, i have a defualt with capital one thats three years old now for 575.00, but it isnt registered on my credit file as capital one its under the name lowelll portfolio.

My first question is who do i approach with my letters for removal, cap one or lowell who i have had no contact with and not responded to their letters as yet because its not them i owe the money too.

second, can lowell legally put a default on me if i have never owed them money or made any arrangements/signed anything with them.

third, should i try incorporating the charges that put me over my limit and getting the default removed as one claim if not what and how.

also i tried getting it removed two years ago but to no avail but did send a postal order with this first letter,

 

 

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 account.

Further to this I have no recollection of ever receiving such a notice, 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 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 832345.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

But the £1.00 postal order was taken of the outstanding balance with lowell and shows as that on my credit file which i never gave them permission to do.

 

I also sent another three letters after this which are below and at the end gave up after a ****ty letter saying it was their final contact on this subject they dont have to provide the original document and wont be removing.

 

letter 2.

 

 

Thank you very much for your letter dated 06-04-2006.

You however tell me information that I already know. I am fully aware that BCW are dealing with the outstanding balance of this account.

I have seen my Credit References and the notice of 'Default' on my credit file.

It is the 'Default' notice that Capital One itself issued that I am very concerned about because I have no recollection of ever receiving such a notice.

The three questions in the original letter dated 17-03-2006 specifically relate to this point and I request that you substantiate this information. Could you therefore answer in full the questions contained in the 17-03-2006 letter of which I enclose a copy, I also enclosed a £1 postal order in payment of the statutory fee, PO Serial Number 1587 832345.

It is your duty to comply with my requests under the law.

letter 3.

I wrote to you on the 17 March 2006 and the 10 April 2006 asking for some relevant information. I enclose copies of the two letters which were both sent via recorded delivery.

You wrote back to me on the 6
th
April 2006 without answering any of the questions put to you in the original letter.

As 28 days has now passed from the date of the 2nd letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

letter 4.

 

Thank you very much for your letter dated 25
th
May 2006.

I enclosed a £1 postal order in payment of the statutory fee, PO Serial Number 1587 832345. Which i am concerned that this has been paid to BCW for some reason without my consent and i will be taking this matter further unless the whole matter can be resolved.

Aside from this as i never received the original default notice and as you cannot provide me with a signed true and certified copy of the original default notice and as you have now exceeded the statutory time for the data provision requested could you please remove the data in its entirety as unsubstantiated.

I will on receipt of your letter stating the default notice will be removed from my credit file settle any outstanding monies with immediate effect as a sign of goodwill and full and final settlement of this matter.

If you do not feel that you are in a position to do this I will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

any help or guidance would be very much appreciated because after reading though many cap one vs posts i havnt found anyone with the exact situation.

 

BCW had the debt then it has been passed to lowell.

 

thanks in advance for all your help.

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Hi and welcome to CAG :)

 

It seems like cap1 have sold your debt to lowell's. Is the debt for a credit card ? if so are there any added late payment charges on the account that can be reclaimed ? If so you may wish to reclaim these charges :)

 

If you can answer these questions it will give a fuller picture from which to advise

 

 

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What you can do is send a SAR to Cap1 and a CCA request to lowells :)

 

The SAR will get you your statements and the CCA will see if lowells have the correct documentation to enforce the debt .. if they dont then you are in a stronger position to get the default removed :)

 

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I will have your thread moved to the dca forum where you will get all the help you need with this.:)

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Thread moved. :)

 

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Moved to a forum where it will get the best advice :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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  • 1 month later...

hi all,

I have a debt with cap 1 from 2005 for 575.00 which is 200 credit limit and rest is charges, after a whilre it was passed to lowell who have a registered default against me.

 

state of play :

 

sent cap 1 SAR on 04/03/08 (forgot to insert a cheque for £10.00 DOH) sent me a letter back saying couldnt provide info if i dont pay and 40 day period wont start until they do receive it lol, resent on 23-03-08 with cheque lol, not yet had it back.

 

sent CCA to lowell on 04-03-08 (as they have the default registered) but forgot to insert cheque for £1.00 DOH) luckily had three leters back and they thanked me for my £1.00 in the first (one nil to me) but said they have requested it from cap 1 and will endevour to get it me within the 12 day limit, letter 2 they said they understand my patience doesnt look likely they will get it to me in 12 day limit as they are awaiting it from cap 1and had the cheek to say they would let me know if they required more time, letter 3 they say cap 1 are looking for it in archive still.

 

so i sent them a letter on 28-03-08, please tell me what you think am i doing correct thing ect...

 

also how do i upload the letter???

 

Thanks.

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Ok, i have CCa'd lowell portfolio on the 04-03-08 and SAR'd cap one too. Lowell has had their 12+30 days and i had three letters from them in this time informing me that they were awaiting cap 1 who were obtaining it from archive, however nothing has appeared.

 

Doea this mean they have now commited a criminal offence now and cant enforce the debt, and if so how do i now go about removal of the default.

 

Still not received SAR from cap 1.

 

Please help guys i need this default removed asap.

 

Thanks.

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Errr... Debt4get, Capital One are very much still in existence... I pass their offices every day on my way to and from work! :D

 

I am very surprised that Lowell defaulted you because usually Cap 1 issue the default before passing the debt out. As far as I remember, Cap1 dont actually have copies on file of the default letters, it just flags up on the system. It can be reversed in certain circumstances but only after I think its 14 days after issue.

Cap1 will probably fob you off and tell you to go through Lowell for the SAR... i dont think they're going to be able to enforce the debt and unfortunately I very much doubt they will be able to produce a copy of the default letter.

There is a link somewhere about the default thing but Im sorry I dont know any more about it. Hope that helps!

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getting the default removed will be difficult as you acknowledge in your letter it is your debt, all you can really do is take comfort in the fact that they cannot now legally enforce the debt, you have to remember you still owe the money, that isnt written off just because lowells has defaulted on the time, if I was you I would just let it go but up to you

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i certainly have no intentions of dropping this matter withthem until they remove the default on my file, and if you think its fair to charge nearly £400.00 of charges on a £200.00 limit card without any overspending allowed and default me for £575.00 because the charges took me overlimit then i think you are wrong, and i think they are in the wrong.

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It seems way too easy for these companies to play with our lives like this and screw our complete finacial situation and future with there charges without us even having a fair case answered.

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i certainly have no intentions of dropping this matter withthem until they remove the default on my file, and if you think its fair to charge nearly £400.00 of charges on a £200.00 limit card without any overspending allowed and default me for £575.00 because the charges took me overlimit then i think you are wrong, and i think they are in the wrong.

 

Re your £400 charges - once you get your statements back and can see when and why they charged you, you can then claim these charges back. Cap One tend to wait until you file at court before refunding, so you could also include make it a requirement of them settling to remove the default from your file. Wait till you get to this stage and someone will be along to help you.

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Hiya

 

I will ask someone to come and a have look for you.

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