Lowell Financial & Cap1 debt - Reply Letter Urgent Help Needed

[chimp123]

Hi all, in a nut shell received a letter from lowell financial saying I owe them xxxx amount of money for a balance outstanding on a cap one card. Around 4 to 5 years ago I think. Anyway sent them the CCA request form around 3 weeks ago. They have sent me a letter since saying that they are retrieving the info from cap one from the archive, once the agreement is retrieved they want me to pay outstanding balance? I don't agree with all the debt prob about 2 3rds but I haven't admitted that to them. Because it's over 14 days to get the cca agreement do i still have to pay? Or if they retrieve am I pretty much doomed and have to pay it? Any suggestions would be grately appriciated thanks in advance

[luce72]

Hi sgormley1, I am going through almost the same. Just recieved a 'account on hold' letter from Cap 1.

Please let me know how you get on.

Sorry i cant help, i have posted for advice on similar stuff.

Good luck!

Luce

[chimp123]

Will do, yeah I received the account on hold thing first. Have you had any reply? Can anyone help out there thanks

[silverfox1961]

Hi,

Before you send an account in dispute letter, make sure that you are past the 12+2 WORKING days not just 14 days.

 

Once the leeds losers are in default of your request you may (if you wish) send them the A/C in dispute letter. I like this one:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172071-letter-co-solicitors.html#post1856406

 

It doesn't matter how long it takes them to find an agreement but if they do and it's enforceable, they can then start bugging you for it.

 

Don't forget the golden rules when dealing with the lowlifes

 

Don't speak to them on the phone

everything in writing

send everything recorded delivery

DON'T SPEAK TO THEM ON THE PHONE

 

 

fox

[luce72]

I am talking about this on another thread-'Cap 1 and 28 day letter'. Maybe some of the advice on there would help.

I am now advised to send an 'in dispute' letter.

Don't know if thats any use

Luce

[cerberusalert]

You can send a SAR http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to CapitalOne to determine what unfair charges you can reclaim thus reducing the amount allegedly owed.

[chimp123]

Thanks all, so in a nut shell if they find the cca request I will pretty much have to pay or I could hold out and hope it doesnt go to court then next year it would be statue barred?

[silverfox1961]

Thanks all, so in a nut shell if they find the cca request I will pretty much have to pay or I could hold out and hope it doesnt go to court then next year it would be statue barred?

 

 

They may come up with an agreement but the question after that is, "is it a valid agreement?" Lots of early agreements aren't worth the toilet paper they're printed on. The longer it takes for them to get the agreement, the better for you. Lowells are one of the easier ones to see off. They are constantly buying cr@p debts and trying to bully poor gullible joe public into paying. The next letter you may receive could be," we are still looking but WOW pay us this lower amount and we'll close the case".

 

Have a look at other lowells threads to see what has happened with them. You will start to notice how similar they are to yours.

 

fox

[chimp123]

default date was 21/03/2005! Would i have to wait until 21/03/2010?

[cerberusalert]

They have to provide an 'enforceable' CCA first, also if you send the SAR to Crap1 it could provide other information such as an improperly executed default notice, but that can be done later if they manage to provide an enforceable CCA.

[chimp123]

hi what do you mean by enforceable cca? Sorry to be so dim. Thanks

[westendwendy]

To be enforceable in court the agreement has to contain a lot of information and in many cases this information is either missing or incorrectly stated.

 

Have a read of this thread it will give you more information about enforceability:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

Don't worry if it reads like Greek,there are a lot of members who understand the rules very well and will advise you when,and if,you receive anything back from Lowells.

[chimp123]

Received a letter today from Lowell about my cca request saying they are trying to get this from there client (its been 28days since i requested it) capital one r still retrieving the info. They won't send me anything more until they find the agreement once found they require payment in full. Is there any letters I should send to get them off my back eg account in dispute etc? SHould I sit tight thanks

[silverfox1961]

Received a letter today from Lowell about my cca request saying they are trying to get this from there client (its been 28days since i requested it) capital one r still retrieving the info. They won't send me anything more until they find the agreement once found they require payment in full. Is there any letters I should send to get them off my back eg account in dispute etc? SHould I sit tight thanks

 

 

You've answered your own question

 

Standard rubbish from the leeds losers. Nothing you can do but sit tight. Hopefully it will get to a state that they will throw in the towel.

 

fox

[chimp123]

Thanks Silver fox, that's one ticked off my list for now. Great help on here! Spot on

[luce72]

This is what i am expecting from cap 1 myself. From what i read, cap 1 have 12 plus 2 days to reply in full to your original cca request even though they say 'account on hold for 28 days'. I am NOT an expert on this stuff by any means-'Cerberuseralert' has been brilliant for advice......

 

Good luck

Luce x

[chimp123]

What's happening with you'res Luce? Any progress

[luce72]

The advice i have been given is to send a 'bemused' letter which i believe is a letter to say to Cap one that their time is up (even though they have said to me my account is on hold for 28 days while they look into 'it') I am ashamed to say that i have not sent the bemused letter because i kind of feel out of my depth but you have renewed my spark and am typing said letter now! I will let you know.

What have the muppets said to you recently?

[chimp123]

type away, never give in and be strong. They have said to me that they are still awaiting the CCA and will not contact me again until they receive it which will hopefully be never!

[Villa4ever]

have recently been through the same process but have today rec'd a letter confirming that they are unable to find the original credit agreement and are therefore closing my account. Keep fighting do not contact them. If you have done a CCA it is up to them to provide the original agreement until they have they cannot enforce the debt.

[volvo]

Well done Villa.

 

They arent called the LEEDS LOSERS for nothing.

 

Well Done

 

VOLVO

[chimp123]

Hi all,i have 2day recieved photocopy of a signed cca from lowell,demanding the money.how do i find out if its enforceable or not?can u please help with my next steps against them thanks

[cerberusalert]

If you scan it remove personal details & post it up we'll have a look for you.

[chimp123]

Thanks for that,i wil upload tonight when i get home from work.

[chimp123]

hi guys and girls please see attachments and let me know what you think and any letter I can send them. I think this is unenforceable? Thanks