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Blossomandebony

cap1 car - I've been terminated - twice! now sold to lowells

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An old Cap One account of mine has been sold to Lowells, who are making the usual noises about court action. So I've been looking at old documents to prepare myself. And I've found out that Cap One have terminated the account twice - can this be right?

 

In December 2007 they sent a 'Notice of default' followed by a termination letter 25 days later. The balance at termination was, we'll say, £XXX. Five months down the line, in May 2008, they terminate the account again, (this time with no default notice), and the balance I owe is now £XXX + £600 !!!

 

Now, I've read lots of threads which cite that it is not lawful to terminate an account twice, and that the closing balance cannot be raised willy - nilly, but I'm wondering if anyone knows which act, (and which relevant section), prohibits this sort of action?

 

Obviously, I'm hoping they've shot themselves - and Lowells - in the foot. . .

 

Cheers, BAE :-)

Edited by Blossomandebony

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Have you asked them foe a copy of the original agreement, which they usually cant produce and therefor unenforceble; see other threads on this.

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Hi, Ray,

 

They have supplied a CCA, which appears to be valid, though it's a very poor quality. That is why I'm looking at other angles, such as the default notice and the charges they have levied.

 

BAE :-)

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Hi, Ray,

 

They have supplied a CCA, which appears to be valid, though it's a very poor quality. That is why I'm looking at other angles, such as the default notice and the charges they have levied.

 

BAE :-)

 

Can you post a copy of the Default Notice?

 

H


I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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Hi, Helio,

 

The default notice isn't the issue as much as the fact they have terminated the account twice. I've read on here that this is not right and their actions may prevent them from claiming anything except the arrears on the account, but I want to find out the regs etc involved. I.e. where does it actually state, in law, that a company cannot terminate an account twice?

 

Anyone any idea, or is what they've done okay?

 

BAE :)

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It's not so much a matter of law as a matter of logic. A contract can be terminated a maximum of once. Which is precisely the same number of times that a man can be murdered. Once the contract is 'over', that's it. A contract which has been terminated is incapable of any further termination. There just ain't nothing left to terminate.

 

As for the amount owing under the agreement at the date of termination, that will be depend upon whether the default notice was in prescribed form and what provision there was in the agreement for the addition of recovery charges etc. If it's £600.00 flat, that smells heavily of a penalty charge which the court would be likely to rule as irrecoverable.

 

On the matter of 'arrears' only, if I read you right, I think the legislation you are looking for is Consumer Credit Act 1974 section 87(1). If you were thinking of something else, let me know.

 

x20

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Thanks, Surfaceagent, for the succinct explanation!

 

The replies are pretty much on the lines I am thinking. The second 'termination' letter is nonsense, basically, and can be ignored bar the fact it may be used in court to show the incompetence of Cap One. . . or . . . mmm, a thought just occured. When they sent the second 'termination' letter, they did not send any default notice. So the only DN was the one from 6 months previous, which stated a much lower settlement figure. Would this be a big mistake by Cap One? (Because the only DN they sent does not match with the settlement figure.)

 

Anyway, I'm not too concerned that the CCA is genuine, or if the DN proves to be okay, because I've checked the charges on the account and they just about cover the balance on the account! This means that I've got a ready made defence on unlawful charges, and the fact that the charges on the account are included in the DN settlement figure, thus making it invalid anyway. Please correct me if I'm wrong on this, anyone.

 

I'll check out the regs too.

 

BAE :)

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