Capital One Debt /Lowell/ Red debt collection services

[247orbital]

Hi everyone this is my first post and it seems after reading through the other threads its best to start my own thread regarding my current situation.

 

I have today received a letter from Red debt collection regarding a Capitol One Debt for £1500, my original balance on the card was £750.

 

I have not spoken to Capital One, Lowell or Red Regarding this debt.

 

I can not remember how long ago this debt goes back but I thnk it is at least 4 years since I had any contact with Capital One.

 

Todays letter is a "Statutory Demand Processing Unit"

 

Please could anyone advise which steps I need to take in order to resolve this matter and have the debt removed.

 

I also have another case with Red regarding an O2 account I had, which I will start another thread in order to hopefully have some help with.

 

Direction and help would be most appreciated.

[maroondevo52]

Hi, 247orbital.

 

Do you know if you have any charges to re-claim from the Cap 1 card ?

I would send Cap 1 a SAR see if there are charges you can claim back, putting the account into Dispute.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Regards.

 

Scott.

 

[247orbital]

Thanks for your response, would this not open me up to the 6 year rule though? Or is that only if I speak to them in person or make an admition of the debt ?

[maroondevo52]

Hi,

 

"if the creditor has been in regular contact we feel it is fair to collect" (from guidelines of statue barred debt)

 

Regular contact means two way contact not them sending you the odd letter or you sending them one.

 

You only reset the clock on statute barred debts by acknowledging a debt. A S.A.R - (Subject Access Request) does not acknowledge a debt in any way. Acknowledgement is only by making part payment on the account or making an offer of payment towards the account.

 

 

Regards.

 

Scott.

 

 

 

[247orbital]

50 views and very little guidence?

 

I'm really lost as to which forms to send?

 

Help please.

[ODC]

Send Lowells/Red/Hamptons a CCA request. That way for a quid you will get a copy of your CCA agreement which may or may not be enforcable. They are also obliged as part of this request to send you an up to date statement of the account.

 

Do not sign the request and send a postal order rather than a cheque. This effectively puts the alleged debt in disput until Lowells come up with a properly executed CCA Agreement

[247orbital]

is this the request that has to be returned in 12 working days or the debt becomes unenforcable ?

 

should I still send a S.A.R. to Capital One?

[maroondevo52]

Hi,

 

Send letter N from this link...........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

I'll see if I can get some guidance on the SAR request.

 

Regards.

 

Scott.

[ODC]

Personally I wouldnt waste £10 on the Leeds Losers or CAPONE. I would wait to see what the Leeds Losers come up with in regard to your CCA request

[MilkTrayMan]

...Do not sign the request and send a postal order rather than a cheque...

I agree, however U can't get to see whether your PO has been cashed or not...

Personally, I got someone NOT financially connected to me, to give me a cheque made out to the DCA.

 

That way I got to know whether the DCA had cashed 'MY' cheque (...proving receipt of MY £1 CCA 1974 Request...btw), yet denying the DCA a copy of MY signature, which some DCA's have been known to forge onto a Credit Agreement...

 

 

 

 

 

is this the request that has to be returned in 12 working days or the debt becomes unenforcable ?...

After 12 working days from the date of receipt the DCA would be in DEFAULT if a True Copy of the Original Agreement (...as per the CCA 1974) isn't forthcoming.

This legally allows ANY repayments of an 'alleged' Debt to be suspended.

 

One Calendar Month from this NEW date, if the DCA STILL hasn't supplied it, the 'alleged' Debt becomes UNENFORCEABLE + the DCA comits an Offence, which is liable to a Level 4 Fine.

 

 

 

 

 

...should I still send a S.A.R. to Capital One?

 

Personally I wouldnt waste £10 on the Leeds Losers or CAPONE. I would wait to see what the Leeds Losers come up with in regard to your CCA request

I agree with ODC.

For now, the main thing is to put the brakes on the DCA's ability to 'chase' for the 'alleged' Debt to be repaid.

 

 

I would go slightly further though + advise U to double check your Credit Report at the various Credit Reference Agencies.

This will help U see if the DCA has been regularly processing data connected to your 'alleged' Debt.

 

Here are links to them...

Experian

Equifax

Callcredit

 

A tip for U...

Experian is the major player here, it also currently offers a FREE TRIAL for a month.

There is nothing to stop U signing up, having a look/printing out your CR + then cancelling before the Trial Period ends, therefore it costing U nothing...

 

...

[ODC]

One slight snag with contacting a CRA is as many members here have discovered is that it seems to open the floodgates to a whole range of new DCAs chasing debts which you know nothing about, It also seems to increase the junk mail you receive from companies offering loans and other credit.

 

The fact that the CRAs are having incestuous relationships with the DCAs may be an explanation.

[247orbital]

Could anyone help me out with the Cap One address to send an SAR to please?

[silverfox1961]

Hi

The address I used (and got a reply from) was

Capital One Bank (Europe) Plc

PO Box 5283

Nottingham

NG2 3YG

[rebel11]

hi 24

 

Legal Compliance Specialist Capital One (Europe) plc Trent House Station Street Nottingham NG2 3HX

[silverfox1961]

Rebels is better as it isn't a PO box

[247orbital]

Thank you very much

[247orbital]

Just had some contact from Buchanan Clark & Wells on behalf of Lowells regarding an old Capitol One (alleged debt)

 

They have offered the best part of £1000 discount on the current balance. Most of which it seems are charges. I will SAR Capital One just to see what the exact balance was at the time of default.

 

This (alleged) debt is due to drop of my credit files around June time this year.

 

I'm sure this is SB as its so close to it dropping off my CF.

 

Please don't confuse this with my brothers post regarding Bryan Carter/Lowells.

[247orbital]

Recently applied for a SAR from Capital One, sent the standard SAR letter, along with a copy of a recent bank statement and a copy of a driving license which has a signature. I also supplied security questions such as DOB, mother maiden name etc as the account is very old and no longer have the relevant account number.

 

Received a reply back today stating they had located my account but they cannot process my request as my letter was not signed. I'm under the impression that there is nothing under the act that requires me to sign the letter or anything that specify a signature is required in order to process a SAR.

 

Any help will be much appreciated.

[cymruambyth]

When ever I have had that problem I have either done a completely different signature or got someone to sign on my behalf. This has never been noticed or commented on!

[Jonny_J]

As I understand it, you do need to sign a SAR request, but it's not advisable to sign a CCA request as it can be lifted to forge a CCA. You can always put crosses through the signature so that it can't be lifted.

 

Why did you send a SAR request?

[247orbital]

PPI and charges. Account has been closed for some time and Lowells were chasing but its long past it SB date now. I provided a signature on the driving license I sent a copy of, its the old style not the new credit card type.

 

I'll send them a signature on a anti-tamper strip.

[Jonny_J]

Hi

 

If it's to reclaim charges, there isn't any risk in sending your signature, but I think that it does need to be on the request for a SAR.

 

I'm in the early stages of the process to reclaim charges from Cap 1 myself. I have read quite a lot about it on here and it would appear that they do cough up quite nicely, but normally only once court papers are issued.

[Bazooka Boo]

You don't need to sign a SAR.

 

You don't need to sign anything.

 

Putting crosses through your signature is pointless, I can remove them in minutes.

 

The ONLY reason why it is advisable NOT to sign letters, documents is because there is NO LEGAL requirement to do so, you can sign off by placing an X if you so wish.

 

If this account is already SB, then I strongly doubt, although I could be wrong, that they will entertain your request, besides, anything they do owe you will go back into their coffers against the SB debt you had.

[Jonny_J]

Thanks for that BB. It's always a pleasure to have the benefit of your experience.

[Bazooka Boo]

I do have an ICO document that states quite clearly why signatures are not required, but every time I try and load it up it freezes.