Cap 1 agreement - enforcable??? Or not??

[birchave0]

Right quick up date on this, I sar Cap 1 in Feb 07, sent some statements that was about it, after a couple of months they sent a copy "agreement"

 

 

this arrived with no terms and conditions. I placed the account in dispute, then calculated my charges and asked for them back. They refused, I refused to pay and kept the account in dispute.

 

During the last 2 and a half years this has been sent to everyone and their granny, I write, inform them account in dispute, they return to Cap 1, we start again

 

Now nothing for months, then a letter from "Lowells" who seem to think that by producing the above "agreement" again, together with a set of terms and conditions (from 2006 card supplied 2003) that they can now make me pay in full. they claim they know of no reason why the account has been disputed??? and they want hard cash or else. Court, charging order, the full works.

 

I sent this letter yesterday;

 

Xxxxxxxx

 

Andrew Bartle

Lowell Finance

PO Box 172

Leeds

LS11 9Ws

 

11-8-2009

 

Dear Sir

 

ACCOUNT IN DISPUTE

 

Re Capital One Account number xxxxxxxxxxxxxxxxx

 

Thank you for your letter of 3-8-09 inviting me to contact you and make a payment against the above account.

 

Sadly I feel you and your company are not in a position to make such a request.

 

In February of 2007 I made two requests to Capital One Bank.

 

The first was a full subject access request under section 78 of the Data Protection Act 1998.

The second was a request under the Consumer Credit Act of 1974.

They were sent recorded delivery and contained the required fees.

 

To Date Capital One has failed to comply with my requests.

All I have received are copy statements and a short version application form.

A set of terms and conditions which are not relevant to the said application form.

 

Sadly this is not what I expected or requested.

 

Despite numerous letters and phone calls I have still not received this information.

 

They have also refused to refund the unlawful default charges placed against the account, plus the interest they have incurred.

 

At this time Capital One are in default and the account remains in dispute.

 

Whilst they remain in default they are barred under legislation from attempting to enforce any alleged agreement.

 

I am sure you will be aware; enforcement under a contract includes request/demands for payment, and /or performing any alleged term or condition of said agreement.

 

If you feel this is not true could you please supply me with a true copy of the authority, deed or notice of assignment allowing you to take action in regard to this account. Failure to provide this will be a breach of the OFT guidelines on debt collection.

 

 

With regard to the above account I now instruct you to remove my telephone contact details from your system. Should you need to contact me I advise that you do so in writing.

 

As I act under instruction from Trading Standards I would like to make you aware of your breach of the guidelines given by the Office of Fair Trading regarding debt collection.

 

Yours sincerely

 

 

 

 

xxxxxxxxx

 

I'm not an expert on the old CCA thing so if someone can check out the above would be most grateful

[supasnooper]

I can't spot any reference to the Interest rate nor to any credit limit.

 

Have a look at these links which may help you decide on the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

 

Consumer Credit Agreements

[spamheed]

I would say it's not enforceable, virtually none of the prescribed terms,

 

No figures on credit, no cancellation terms, no repayment schedule, no interest figures

 

and so on and so forth

[birchave0]

have now received a letter from Red Debt Collection Services (appartently Lowells in disguise )

 

 

13-8-09

 

Informing me that they have been appointed the agent to collect for Lowells, blah. blah...

 

As you have failed to settle your outstanding balance or enter into a repayment plan our client has now instructed us to consider either;

1. using the services of a "Licenced home visit agent" to attend your home during a period to be notified to you to discuss your account or

 

2. start legal proceedings with a view to gaining a county court judgement which if awarded by the court we would then apply to enforce this by either way of application for a charging order against your property or the use of bailiffs who may remove goods from your premises should the debt remain unpaid.

 

Before a decision is made as to the most suitable form of action regarding your outstanding debt, we would like to give you the oppurtunity of contacting us and agreeing repayment.

 

if we do not hear from you by 18-8-09 and you persist with non payment our client will have no alternitive than to use other methods as described above, both could see the balance increase as any costs incurred may be added to your account by the court.

 

The debt is not going to go away and ignoring this problem could potentially make your situation worse and we therefore strongly recommend you contact us now;

 

so I rang them, I tell them account in dispute and has been since 2007, they say Cap 1 know of no dispute, what about the charges???? They don't know anything about the charges, can I provide letters from Cap 1 to prove I complained, I tell them to get them from Cap 1 themselves.

 

I then get a bit narked and ask if they intend using the "credit agreement" they sent when we go to court, silence.....

I then inform them it doen't comply with CCA 1974, no terms and conditions, its unenforcable. he says just in your opinion, I say we'll let the court decide, I also inform him I will counter claim against against them for the unlawful charges on the account.

 

He then decides to end the call, I thank him very much and say goodbye

 

Now I sent the above letter last week, maybe they crossed in the post? But as their letter is dated 13-8-09 and I only recieved it yesterday 19-8-09, I'm already out of their timescale. i wonder if I'll get a home visit, I do hope so, i'll set the dogs on them

 

I think now is the time to lodge my complaint to the OFT and the FOS.

I'm rather concerned that they think just by going to court they can automatically involve bailiffs, surely they can only be used for breach of a CCJ????

[cerberusalert]

surely they can only be used for breach of a CCJ????

True, but as usual the Lowell Group et al talk through their derrieres.

[birchave0]

ok so if I'm going to report this lot to FOS and OFT what info will I put in my complaint??? Sorry to sound so dim but I've only ever complained to the FOS regarding PPI so a bit out of my depth here

 

Anyone got a template letter I can use and adapt to suit?

 

thanks

[birchave0]

bump......