Capital One/ Red DCA/ Lowells/ Hamptons..... where do I start?

[hunni2006]

Hi all,

 

I would appreciate a little (or lot) of advice.

 

I took out a capital one credit card in feb 2005, I got into difficulty with it and by mid 2007 had stopped paying altogether. I basically ignored all letters and stuck my head in the sand.

 

Having stumbled across the CAG forums a few weeks ago, I have now gathered all the cr*p together, and decided to get my head out of the sand, and do something about things.... ( thanks to the CAG:-)) The only trouble is... I'm not sure where to start!

So this is what I've got.

 

 

• I have a few old statements from Capital One, including one dated dec 07 with a note on the statement saying 'account seriously overdue' 'avoid further action' etc...
  

 

• Original acceptance letter from Cap One, (had to sign terms to receive card) with 'small print' on the back.
  
• original letter that had card attached, this has terms on it where the card was stuck.
  
• a leaflet headed copy of agreement. I presume this came with the card but can't be certain, no date or signatures on it.
  
• A letter confirming my cancellation of the PPI feb 2006, (need to look into that one, as I had a heart attack in April 05, I'm sure I would have claimed had I known I had insurance!)
  

I have posted copies of the letters and agreements below.

 

Pictures by hunni2006_photos - Photobucket

 

Ok, so that's the early stuff....

[hunni2006]

Posting this in bits, cos I did it all in one go earlier, spent several hours, and then instead of posting, I lost the lot!:mad:

[lilly white]

welcome to cag

 

if it was me i would sar cap 1 get all info and see what you have it cost ten pounds.

 

RECLAIM PPI AND CHARGES,HOWEVER IT DEPENDS ON THE SUMS AND WHERE YOU ARE AT.

 

 

REGARDS LILLY

[lilly white]

Send Cca Request To The Dca

 

 

Regards Lilly

[hunni2006]

Right, so after december the letters start.

 

 

• 01/02/08 CapQuest Debt recovery ltd - (Our clients Cap One)- Take note, pay in 7days or CC claim may be issued.
  
• 17/02/08 H L Legal Solicitors - (appointed by Capquest on behalf of Cap One) - Take note unless paid in full/ proposal by 29/02/08 Court proceedings without further notice etc.
  
• 01/03/08 CapQuest Debt recovery ltd - (Our clients Cap One)-Apparent we need to start litigation... contact by 14/02/08 and they'll settle for a lower figure.
  
• 15/03/08 CapQuest Debt recovery ltd - (Our clients Cap One)-our intention to pass to solicitors who may start legal action on/around 21/03/08... goes into great detail about enforcement & bailiffs...
  

 

All of these letters were completely ignored, and I didn't hear a thing then until April this year.

[hunni2006]

• 08/04/09 Hamptons Legal -(our client Lowell Portfolio)- first I've heard of them! - Account passed to this office for attention.. pay now or legal proceedings may be commenced, Also threatening to claim s69 interest if they do.
  
• 20/04/09 Hamptons Legal -(our client Lowell Portfolio)- failed to respond therefore requesting credit file from experian, threats of possible proceedings leading to loss of my house even!
  
• 30/04/09 Hamptons Legal -(our client Lowell Portfolio)- Failed to respond... another threat of court along with a list of costs & interest that would be added etc.
  
• 19/05/09 Red Debt Collection Services ( our client Capital One/ Lowell - not sure:confused: see link below) says authorised to recover outstanding debt for Lowells, who purchased debt from Cap One on 19/12/08 (news to me).... call & make an offer.
  
• Red DCA may 09 picture by hunni2006_photos - Photobucket
  

 

• 19/05/09 Red Debt Collection Services ( our client Capital One- NO MENTION of Lowel whatsoever:confused:) - Now intend to advise client (which one??) to issue CC claim.... goes on to describe in detail the nasty consequences of enforcement even Bankruptcy.. ( no pay us by such a date schedule)
  

So thats pretty much what I've got.

As with the others, these letters have been totally ignored, and I have had no contact with any of the parties involved, but that is about to change....( hunni2006 rolls up sleeves!) :grin:

[the_shadow]

Ok.. you say you took it out in feb2005..

 

Did you apply for it online or by leaflet/application?

 

As already suggested I would SAR crap1 to get as much info out of them as possible, you are looking specifically for the default notice/termination letter/statements/CCA agreement/Manual intervention log and anything else they may want to chuck in As also mentioned any unfair charges can be reclaimed back with interest to help knock down the outstanding balance.

 

It'll cost £10 and will take up to 40 days unfortunately.

 

Next I'd send a CCA, they will probably have it and it might be compliant with the act but it doesnt hurt to try.. for the sake of the £1 postal order you only have to wait 12+2 days for a response, I would send this to whoever has enquired about the debt last..so Red at the moment, they will moan and say its not there problem but unfortunatley for them they are duty bound by the CCA act to pass it back to the owner of the debt be that crapital one of Lowells.

 

S.

[mr.ton]

• 08/04/09 Hamptons Legal -(our client Lowell Portfolio)- first I've heard of them! - Account passed to this office for attention.. pay now or legal proceedings may be commenced, Also threatening to claim s69 interest if they do.
  
• 20/04/09 Hamptons Legal -(our client Lowell Portfolio)- failed to respond therefore requesting credit file from experian, threats of possible proceedings leading to loss of my house even!
  
• 30/04/09 Hamptons Legal -(our client Lowell Portfolio)- Failed to respond... another threat of court along with a list of costs & interest that would be added etc.
  
• 19/05/09 Red Debt Collection Services ( our client Capital One/ Lowell - not sure:confused: see link below) says authorised to recover outstanding debt for Lowells, who purchased debt from Cap One on 19/12/08 (news to me).... call & make an offer.
  
• Red DCA may 09 picture by hunni2006_photos - Photobucket
  

• 19/05/09 Red Debt Collection Services ( our client Capital One- NO MENTION of Lowel whatsoever:confused:) - Now intend to advise client (which one??) to issue CC claim.... goes on to describe in detail the nasty consequences of enforcement even Bankruptcy.. ( no pay us by such a date schedule)
  

 

The muppets are so bogged down in their own incompetence that they are actually advising each other in the same office

[sam614]

[quote=hunni2006;222729

 

• 20/04/09 Hamptons Legal -(our client Lowell Portfolio)- failed to respond therefore requesting credit file from experian, threats of possible proceedings leading to loss of my house even!
   
  does this letter say
  "we are requesting a copy of your credit file to help us to decide which best form of litigation action to take?
   
  these are the letters that west yorkshire trading standards are interested in at the moment
   
  they are well aware what action they can or cant take.
  and wont get any clues from your file:rolleyes:
  just another ploy for you to pay up,if you think they can mess up your credit file further.
   
  would urge you to call 01133848848 and report them
  get them another slap and fine.:grin:
   
  SAM:pLOWELL DETESTER
  

[creditcardmug]

Cap1 DO NOT have valid consumer credit agreements from this date...end of...anything they send you will be total rubbish, which will not stand up in court, but they will NEVER admit it , no matter what you say!

[hunni2006]

Right, this is where I get lost.... which is the best way to go? where do I start???

 

I've read through loads of threads on here,

 

Here's what I was thinking ( and I am not sure about any of it)

 

1. I could send a subject access request for ALL of the data inc agreements, terminations, default notices, etc, with a view to claiming the charges back, but would I send that to Capital One or Lowells? Or both? And would I by doing that be acknowledging the debt, and therefore stop me from doing (3) below?
   
2. Or would it be better to try to get that information using CPR 31.14 as they are threatening legal action, and again... who to?
   
3. Then of course there's the CCA request with a veiw to the agreement being unenforceable, ( which I don't know if it is... not quite been able to get my head round that one yet, so any comments on that would be helpful!) presumably that would go to Cap One?
   

that's it for now....

would be grateful for any help:)

[creditcardmug]

If you want to do the SAR, it must go to the original creditor, don't sign it just type your name, and enclose £10 PO.

 

You cant use CPR 31.14 yet, as there's no legal action, i think you can use CPR 31.16, if you really wanted to but i don't think its worth it at this stage.

 

If you haven't already CCAd, then you should right know...do not sign!!!!

[hunni2006]

Thanks everyone for your super fast responses... telepathy working...lol you've answered lots of my questions whilst I was typing them!

 

Ok.. you say you took it out in feb2005..

 

Did you apply for it online or by leaflet/application?

 

As already suggested I would SAR crap1 to get as much info out of them as possible, you are looking specifically for the default notice/termination letter/statements/CCA agreement/Manual intervention log and anything else they may want to chuck in As also mentioned any unfair charges can be reclaimed back with interest to help knock down the outstanding balance.

 

It'll cost £10 and will take up to 40 days unfortunately.

 

Next I'd send a CCA, they will probably have it and it might be compliant with the act but it doesnt hurt to try.. for the sake of the £1 postal order you only have to wait 12+2 days for a response, I would send this to whoever has enquired about the debt last..so Red at the moment, they will moan and say its not there problem but unfortunatley for them they are duty bound by the CCA act to pass it back to the owner of the debt be that crapital one of Lowells.

 

S.

 

I applied online, but definitely had to sign & return something (see acceptance letter front page on the link further up.)

 

does this letter say

"we are requesting a copy of your credit file to help us to decide which best form of litigation action to take? -pretty much!

 

these are the letters that west yorkshire trading standards are interested in at the moment

 

Would calling TS complicate matters?

[creditcardmug]

Involving TS is good for you, bad for them...go for it!

[the main man]

[quote=hunni2006;222729

• 20/04/09 Hamptons Legal -(our client Lowell Portfolio)- failed to respond therefore requesting credit file from experian, threats of possible proceedings leading to loss of my house even!
   
  does this letter say
  "we are requesting a copy of your credit file to help us to decide which best form of litigation action to take?
   
  these are the letters that west yorkshire trading standards are interested in at the moment
   
  they are well aware what action they can or cant take.
  and wont get any clues from your file:rolleyes:
  just another ploy for you to pay up,if you think they can mess up your credit file further.
   
  would urge you to call 01133848848 and report them
  get them another slap and fine.:grin:
   
  SAM:pLOWELL DETESTER
  

 

I received a similarly worded letter from Hamptons against an alleged Capital 1 'agreement' however they chose to issue a Statutory Demand instead.

 

I will be contacting Leeds TS to make them aware of their recent antics against me.

 

I will also be seeing Lowell in court very soon

[creditcardmug]

 

I received a similarly worded letter from Hamptons against an alleged Capital 1 'agreement' however they chose to issue a Statutory Demand instead.

 

I will be contacting Leeds TS to make them aware of their recent antics against me.

 

I will also be seeing Lowell in court very soon

 

Please ensure you claim your costs against them when you win, for their vexatious action

[the_shadow]

 

I applied online, but definitely had to sign & return something (see acceptance letter front page on the link further up.)

 

Ok, electronic signatures were deemed acceptable after Dec 2004, so they could provide you with just a tickbox on a sheet of paper alongside the prescribed terms but we'll have to wait and see what they send back.

 

S.

[hunni2006]

Ok, electronic signatures were deemed acceptable after Dec 2004, so they could provide you with just a tickbox on a sheet of paper alongside the prescribed terms but we'll have to wait and see what they send back.

 

S.

Had a feeling that was the case...

 

creditcardmug Re: Capital One/ Red DCA/ Lowells/ Hamptons..... where do I start?

Cap1 DO NOT have valid consumer credit agreements from this date...end of...anything they send you will be total rubbish, which will not stand up in court, but they will NEVER admit it , no matter what you say!

any opinions on the agreement leaflet I posted up?

 

creditcardmug Re: Capital One/ Red DCA/ Lowells/ Hamptons..... where do I start?

If you want to do the SAR, it must go to the original creditor, don't sign it just type your name, and enclose £10 PO.

 

You cant use CPR 31.14 yet, as there's no legal action, i think you can use CPR 31.16, ( lol... didn't even know there was a 31.16.... getting my wires crossed reading all these threads!)if you really wanted to but i don't think its worth it at this stage.

 

If you haven't already CCAd, then you should right know...do not sign!!!!

Will send off SAR & CCA tomorrow.... both to capital one?

 

Thanks for all the help:)

[sam614]

Had a feeling that was the case...

 

any opinions on the agreement leaflet I posted up?

 

creditcardmug Re: Capital One/ Red DCA/ Lowells/ Hamptons..... where do I start?

Will send off SAR & CCA tomorrow.... both to capital one?

 

Thanks for all the help:)

 

CCA TO LOW LIFES

SAR TO CRAPITAL ONE

 

SAM:pLOWELL DETESTER

[hunni2006]

CCA TO LOW LIFES

Subject Access Request TO CRAPITAL ONE

 

Thanks

[sam614]

Thanks

 

you are welcome.

 

they will yet again see a cca request,and know they haven't got a hope in hell.

 

give them another loss:lol:

 

SAM:pLOWELL DETESTER

[hunni2006]

Have posted the CCa request off to Red DCA as I actually have NO correspondence from Lowells whatsoever.... not even an address.

Subject access request going to Cap One.

[sam614]

same as,just different monkey,different desk.

SAM:pLOWELL DETESTER

[hunni2006]

Quick question... do ALL dca's come out of the woodwork when a summons is issued against you?????

[hunni2006]

Quick update & more questions...

 

Received a letter from RED this morning, dated 21/6/9. ... sunday?

in summary it says the following....

Have now referred account to client for authorisation of legal action, and expect to hear from them within the next 10 days.

contact now to pay or agree monthly installment or else blah blah...

then this paragraph....

 

We do not intend to correspond with you further regarding this matter, unless you enter into an agreement with us for re-payment of the debt. Any further correspondence may then be from the court if legal action is commenced against you, or from a licensed field agent who may call at your property during a period to be notified to you to either collect the outstanding debt or assess your means with a view to continuing with any permitted action to recover the debt.

There is NO mention of the CCA request that I sent them, (delivered 19/06/09)

 

so what do I do now?

SA request has gone off to cap one, but I still have a long way off the 40 days on that one....

do I ring them and say wheres my CCA request?

or should I just wait and see what they do next?

 

any advice would be appreciated:)