Help Needed Please! Cap1 - CapQuest now lowells

[fkofilee]

Yes.... A Simple CCA Request... Check if they can get it... With it being 3 months from being Stat Barred, Lowell may attempt to take it to court

[monacool]

looks like I am going to have some trouble then

[dx100uk]

DONT EVER RING A NO POWERS DCA

they are not bailiffs!!

 

send them a CCA request.

 

dx

[monacool]

Thanks dx

Can they take me to court?

[dx100uk]

not if they hold no enforceable paperwork!!

 

dx

[monacool]

just had a look through the past files on this debt,

 

previous DC agency failed to supply credit agreement,

 

they sent a photocopy of a fax with bad writing and a box with signature.

 

I did SAR Cap1, they supplied tonnes of confusing docs and computer screenshot prints,

no agreement though, just terms and conditions sheet.

Told me they are not obliged to send it to me.

 

What documents Lowells need to make this debt stand in court?

 

I will send them cca request but do they need to supply notice of assignment too?

 

The default on my credit file was placed in october 2008,

what happens if I start disputing with Lowells,

can they put a new default on my file?

 

any court of action advice highly appreciated

[BRIGADIER2JCS]

just had a look through the past files on this debt, previous DC agency failed to supply credit agreement, they sent a photocopy of a fax with bad writing and a box with signature. I did SAR Cap1, they supplied tonnes of confusing docs and computer screenshot prints, no agreement though, just terms and conditions sheet. Told me they are not obliged to send it to me.

What documents Lowells need to make this debt stand in court?

I will send them cca request but do they need to supply notice of assignment too?

The default on my credit file was placed in october 2008, what happens if I start disputing with Lowells, can they put a new default on my file?

 

any court of action advice highly appreciated

 

 

 

 

For Clarification.

 

 

1. There is no obligation to supply an agreement with a SA request. The CCA 1974(as amended covers that in sect. 77/78.)

2. A CCA request is specific as to what is to be provided:

 

 

A copy of the original agreement, and documents mentioned I that agreement, a current statement of the account (not historic statements). Nothing else can be requested.

 

 

Notices of assignment are not routinely archived, all a creditor or DCA does is record that an NOA was sent on a specific date and can rely on this, the same applies to default notices.

 

 

" generic" copies of what would have been sent may be supplied.

 

 

Lowell will not add a default to CRA files, DCAs/Debt Purchasers have to update the original creditors file entry with their details, the default date MUST remain the same.

[monacool]

Thanks for your clarification,

 

sorry I am a bit under informed about the things they can do to me,

 

they have the skill of reducing me to a trembling, nervous wreck.

 

I read a few threads here and there is a mention of pre 2007 credit card agreements with cap1

being un-enforceable in court,

 

can anybody shine some more light on this please?

Thanks

[BRIGADIER2JCS]

Thanks for your clarification, sorry I am a bit under informed about the things they can do to me, they have the skill of reducing me to a trembling, nervous wreck. I read a few threads here and there is a mention of pre 2007 credit card agreements with cap1 being un-enforceable in court, can anybody shine some more light on this please?

Thanks

DCAs have no legal powers and are not bailiffs, you will see that the letters sent out are full of statements such "we may do this" or "we could do this" virtually never "we Will do that" etc.

 

 

In April 2007 the new additions/changes were made to the Consumer Credit Act 1974, meaning that in your situation the creditor/DCA would have to have the original agreement or a proper legible copy of it to enforce the debt via the courts.

 

 

Such agreements MAY not be compliant and until one actually see such an agreement it is difficult to decide on the viability.

[monacool]

Ah, ok and cheers for that.

 

i understand the next thing for me to do is to send CCA request to lowell

and see what they might produce.

 

Not quite sure what a legible copy constitutes though, a fax or photocopy with my signature?

 

Cap1 claimed they did not have to send me a cca with my name and date of birth and Terms and Conditions sheet

would be sufficient for them to supply instead.

 

Is any document with cap1 logo,

my signature and T&Cs classified as a legible copy?

 

Can they simply paste bits and pieces together and make it stand in court?

 

Have got no clue how the original looked like so they can be as creative as they want.

 

What to look for if I have a suspicion the doc supplied is not the rael deal?

 

If I am asking same questions again and again just shout,

 

I am a on a steep learning curve.

[BRIGADIER2JCS]

Ah, ok and cheers for that. So i understand the next thing for me to do is to send CCA request to lowell and see what they might produce. Not quite sure what a legible copy constitutes though, a fax or photocopy with my signature? Cap1 claimed they did not have to send me a cca with my name and date of birth and Terms and Conditions sheet would be sufficient for them to supply instead. Is any document with cap1 logo, my signature and T&Cs classified as a legible copy? Can they simply paste bits and pieces together and make it stand in court? Have got no clue how the original looked like so they can be as creative as they want. What to look for if I have a suspicion the doc supplied is not the rael deal? If I am asking same questions again and again just shout, I am a on a steep learning curve.

 

 

Capone is referring to a " reconstituted" agreement i.e. The terms and conditions as at the inception of the account and closure of the account, and any documents mentioned in those and any documents mentioned in them.

 

 

Any material changes made to the Ts &Cs during the life of the agreement.

 

 

It must have your name and address at the inception of the account and the creditors name and address at inception.

 

 

A recon agreement may satisfy a CCA request by will be of no use in court.

 

 

Yes get that CCA request off to Lowell with the £1 statutory fee (use a Postal Order, leave the payee blank, but write " for statutory fee only clearly on the order. use signed for post if poss check check delivery date;

Use the template from the CAG library.

 

Lowell have 12+2 working days to comply.

[monacool]

BRIGADIER2JCS, you have been very helpful. Thanks for your guidance, I needed some good advice as I am not too savvy in dealing with DCAs and easily get intimidated by threats. I will take my first step then and see happens . Probably will need more support as I feel they are not going to be easy to deal with.

[BRIGADIER2JCS]

BRIGADIER2JCS, you have been very helpful. Thanks for your guidance, I needed some good advice as I am not too savvy in dealing with DCAs and easily get intimidated by threats. I will take my first step then and see happens . Probably will need more support as I feel they are not going to be easy to deal with.

 

 

That's fine just come back to this thread when you need further help.

[monacool]

Got notice of assignment from lowells today with cap1 logo, looks dodgy. It says .

 

... After 30 days from the date of me receiving this letter lowell is going to start reporting

against my credit file, has anybody got a clue what they mean by this?

 

Shall I check my credit score as I heard some DCAs re-set the date of the default

on cra to the date they purchased the debt, is that legal?

[monacool]

so another 6 years of default on

file from September????

[dx100uk]

no

once a debt is defaulted

it will VANISH totally from the CRa file

on the defaults 6th birthday

no matter WHAT a silly DCA does or says.

 

as long as when their name appears on the file

rather than CAP1 against the debt

the DEFAULT DATE in the TOP SUMMARY LINE

does not change

[watch for the they can be sneaky!!]

 

it don't matter what they do it will still vanish

I,e they cannot change the org default date

 

as for the letters

a debt buyer

can use a 'reconstructed' letter from the OC

to prove their assignment.

 

dx

[BRIGADIER2JCS]

Hi, NOAs can be sent by the original creditor and/or the debt purchaser,

often the debt purchaser will send a one from the OC and one from them in the same envelope so that's not a problem.

 

Lowell as the debt purchaser will update the CRA files with its data but the default date Must remain the same as the OCs entry.

Yes keep an eye on the CRAs for the next month.

 

See above the default date MUST remain the same!

[monacool]

Thanks guys,

I will keep my eye on the credit files.

 

Is Equifax in any way working together with lowell?

 

I mean, do they give them details of people whose defaults nearing statue barred?

 

Strangely enough my default was only entered with equifax, my scores with others are clean.

 

One more question,

 

how quickly do I need to reply with cca request to lowells?

 

Can I stall for a bit or are they going to hit me with ccj if I won't make a contact?

 

Anybody got opinion on that?

 

cheers xxx

[dx100uk]

hit you with a CCJ?

 

they'd have to win in court first!!

 

suggest you read around a bit here.

[BRIGADIER2JCS]

Thanks guys, I will keep my eye on the credit files. Is Equifax in any way working together with lowell? I mean, do they give them details of people whose defaults nearing statue barred? Strangely enough my default was only entered with equifax, my scores with others are clean. One more question, how quickly do I need to reply with cca request to lowells? Can I stall for a bit or are they going to hit me with ccj if I won't make a contact? Anybody got opinion on that? cheers xxx

CCA request tomorrow.

 

 

Companies like Lowell search credit files regularly so it will make no difference, so get it done by signed for post it gives them 12+2 WORKING days to comply.

[monacool]

dx100, I am doing a bit of reading around but the lingo sounds a bit puzzling and unfamiliar,

still I am trying to learn how to deal with DCAs.

 

I always thought one has to pay them the money otherwise they take people to court.

 

Well, thanks to this site I am discovering that actually I have some rights too.

 

Not sure if I have enough rights to get me through, sound and dry but worth trying. haha!

 

Brigadier, letter ready to send tomorrow, I am writing to Ellington House as opposed to to box.

 

Thamks guys for your responses

[dx100uk]

best rule to remember about DCA's is...

 

THEY ARE NOT BAIIFFS

 

and have

NO SUCH LEGAL POWERS.

 

dx

[monacool]

Some update on Lowell - Cap1,

 

 

I sent Lowell cca request,

 

 

then got a letter back telling me they are in the process of obtaining it from the OC,

 

 

the statutory time (12 + 2 ?) have passed since,

 

 

what do I do now?

 

 

Shall I wait for the CCA or send them a letter telling them,

they exceeded time limit?

 

 

Please help,

 

 

thanks guys. x

[dx100uk]

nope they're stuffed until they find it.

 

 

dx

[monacool]

Thanks dx, haha, so no letting them know I noticed they are sloppy with supplying the docs?