Advice re Lowell / cap I DOUBLE DEFAULTS

[gaz2006]

Had Capital 1 card now sold to Lowell debt collectors . Had copy of agreement but has no limit , no interest rate , no minimum payment no cancellation rights and terms and conditions supplied are for now not when taken out so in my view not enforceable .

Lowell have entered default also on my file is Capital 1 default for same amount around £1500 , penalty charges amount to around £400 with compound interest rather than 8% this is another £600 making a £1000 .

My questions are as follows

Should I go to court against Capital 1 for the charges

Also go to court re illegal default as it includes unfair / penalty charges

Go to court against Lowell re unfair penalty charges and default as well or go to court against both in one case ?

Also in case say to court whole debt is unenforceable ?

Im fed up of letters / thereats from a string of dca and want to put an end to it

Advice please regards Gaz

[PGH7447]

You need to post this in the debt forum, you will get a lot of advice re lowells there

[gaz2006]

Had Capital 1 card now sold to Lowell debt collectors . Had copy of agreement but has no limit , no interest rate , no minimum payment no cancellation rights and terms and conditions supplied are for now not when taken out so in my view not enforceable .

Lowell have entered default also on my file is Capital 1 default for same amount around £1500 , penalty charges amount to around £400 with compound interest rather than 8% this is another £600 making a £1000 .

My questions are as follows

Should I go to court against Capital 1 for the charges

Also go to court re illegal default as it includes unfair / penalty charges

Go to court against Lowell re unfair penalty charges and default as well or go to court against both in one case ?

Also in case say to court whole debt is unenforceable ?

Im fed up of letters / thereats from a string of dca and want to put an end to it

Advice please regards Gaz

[chimp123]

Hi Gaz why do you think its unenforceable, can you post the CCA on here? Going through the same boat myself. I would ask them for all statements with the charges on first! I feel the same myself fed up of the Lowells. Have a look at mine, do you think this is enforceable, I think not and I am going to write to them today. Don't give in to them and ask them for statements of accounts and send them something with regards to the credit agreement being unenforceable, I dont have that type of letter but someone else might?!

[drob]

If Capital One have assigned the debt to Lowell then, Yes Lowell will record a default against you. If this is the case then Capital One should remove their default.

 

I have had similar dealings with Lowell and Monument and in the end Lowell sold the account back to Monument.

 

I would send lowell the following and see what Lowell come up with.

 

 

 

Dear Lowell

 

I Do Not Acknowledge Any Debt to Your Company

 

I must admit I am rather bemused as to why this account has been assigned to you. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

Reasons for Dispute

1. Capital One are in default of my request to supply an executed copy of a credit agreement

2. Account contains charges that are unfair and disproportionate

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would suggest that this account is returned to Capital One for resolution of these defaults and breaches, as Capital One and Lowell Portfolio cannot lawfully pursue any enforcement activities.

 

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I would ask that no further contact be made concerning this matter unless you can provide evidence as to my liability for the alleged debt in question by supplying the relevant documentation that I have previously requested from Capital One.

 

If you are unable to provide evidence as to my liability, I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I now require all further correspondence from your company to be made in writing only and not by telephone. Be advised that any telephone calls from your company will be recorded. If you harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM and you will be liable for a substantial fine.

 

I would also like to inform you that if you intend to pass this account to a Home Collections Department the OFT guidelines state that you are not allowed to cold call and must make an appointment. Please note that I herby inform you that I have no wish to make an appointment and under common law your agent will be committing the offence of trespass.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

Yours Faithfully

 

As for your charges i would S.A.R Capital One and start the process of reclaiming your charges.

[chimp123]

That letter is spot on, I may use it myself!

[Dorabell]

And me please:)

[gaz2006]

hi cant post copy of agreement as at work but will do bit not too good at adding things here ha ha but it does lack interest rate , minimum payment , cancellation rights and limit and I havent had proper terms and conditions hence its unenforceable . Lowell said they bought it off capital one rather than assigned ..regards Gaz

[drob]

Hi gaz2954

 

Just send them the letter i suggested and see what Lowell come up with.

[gaz2006]

will do its a great letter

[birchave0]

your agreement is identicle to mine

 

I haven't paid cap 1 for 2 and a half years as account in dispute over charges, account now passed to Lowells.......

Surely if agreement wwas enforcable I would have been in court by now????

Just a thought......

[gaz2006]

re the charges ive already got statements etc so no need fo SAR shall i just proceed to claim them back ?