Lowells & Capital One debt - CCA request

[Old Cogger]

Can anyone advise on my default notice? All the remedy stated was I must pay the amount due shown above. This payment must reach your Capital One account within 28 days of the date of this letter.

 

How water tight is this? Should they have given me an actual date dd/mm/yy to have remedy it by and not 28 days from the date of the letter?

I have a copy of the DN previously uploaded.

 

The same situation in the past as the rest of us on many forums do not panick that is what they want you to do as they will haqve paid a bou 8% for this and want 100% from you = get it? if you insist on acknowledging it then pay them,

 

a Default can be rectified it seems, but you keep under your hat if it ever went court as one of your defences subject.

 

Just a re-cap Account date start 22 Dec 2004 The only CCA I received was a short application form and various T&C's from Cap One after my SAR letter was sent to them.

 

 

 

 

Date of Termination 16/4/2010

Various debt collection agents came and went. Then letter from Cap One 21/10/2010 stating account no longer being managed by debt collection agency's and returned to Cap One.

 

 

 

 

 

 

 

 

 

Then most recent letter from Lowell Dated 01/08/2014 received yesterday 06/08/2014 stating they have now bought the debt and want me to pay them.

 

Unsure which way to go or what to send back to them? Any help would be good

 

Thanks

 

 

 

 

 

The same situation in the past as the rest of us on many forums do not panick that is what they want you to do as they will have paid a bout 8% for this and want 100% from you = get it? if you insist on acknowledging it then pay them,

 

a Default can be rectified it seems, but you keep under your hat if it ever went court as one of your defences subject.

 

do as we are doing and awaiting their next childs threatogram

[Nivagey]

Thanks MIKE770,

 

Ok will wit and see, I will post anything I get and share.

 

Thanks

[Old Cogger]

If you are in two minds of paying later they should/might offer large discounts?? but wait and see for now, seems a long paper trail of letters from them is begining to incl Freds (whom most of us got rid of before) Red the next desk at Lowells and so on.

[MUTT1]

Hi All,

 

In the same situation, just wanted to know if anyone has received a NoA from Lowells or Cap 1?

[Nivagey]

Hi mike 770,

 

I have no intention of paying them anything,

 

 

just want to try and avoid a Claim situation.

 

 

They came after me with another account situation and fended them off with a letter similar to the one I was going to send

stating the blurb about its in dispute and the creditor could not supply me with a true copy of the CCA.

That worked and they closed the account file and everything.

 

I see this CCA rules have dramatically change in their favour and they don't need to supply it,

or a signature etc?

 

 

That's why I'm hoping the default notice is in fact faulty. But cant get a straight answer it seems

 

Thanks for your advice and help.

[Old Cogger]

prior to 2006/7 CCA1974 original as per section 127 would have to be produced in an actual case, but new rules are for later CCA1974 s I think you will find.

 

Letters arriving to-day it seems so called from Capital One in Lowells envelopes on sold to them. awaiting mine as post always late here, others have received already to-day.

 

The Cap one disputes still stand, and as you say another bit of ammunition against Lowells.

[Nivagey]

Although my account start with Cap One is 2004, the default notice served was 2010. Is it the account start date has to be before or pre 2007 or default notice issue that has to be pre 2007? before those rules apply regarding the CCA etc?

 

Bit confusing

 

Thanks

[dx100uk]

account

 

dx

[Nivagey]

Thanks for that DX that has made me feel a bit better

[Nivagey]

Yes mate Lowels yesterday Cap one today.

[Old Cogger]

Yes mate Lowels yesterday Cap one today.

 

from Lowells on side LOW11 why they do not put in the same envelope beggers belief since they issue on behalf of Cap I.

[Old Cogger]

next letter LOW101 no doubt, we are here to help? their next begging letter.

[theoldrouge]

Don't forget the FCA guidelines only apply to compliance or otherwise with s78(1) Accounts started prior to 6/4/2007, would in all probability require the production of the original ag,in order to obtain a ccj

[Nivagey]

Thanks theoldrouge thats good news for me

[MUTT1]

Nivagey,

 

Will wait and see what I get in the post, (or not) and intend making my move soon before the court papers arrive. This shower have got no chance.

[Nivagey]

Just a quick update.

 

 

Lowell's response to my "In Dispute with Capital One letter.

 

 

They have written back to me stating

 

 

"your comments with regards to the fact that the account is in dispute with Capital One

as they failed to comply with your Consumer Credit Agreement request.

 

 

We have queried this with Capital One and will advise you of their response upon receipt.

 

 

In the meantime we have requested a copy of the credit agreement in accordance with section 77-79

of the Consumer Credit Act 1974 from Capital One together with statements.

Please be advised that we do not hold copies of any documentation relating to your account"

 

Second letter received 6 days later goes

" We have requested a copy of your credit agreement. Thank you for contacting us about your credit agreement.

We have asked your original lender for a copy.

 

So now awaiting on what they can dig up.

 

 

Hope this is of help.

[dx100uk]

you wait

 

 

dx

[Nivagey]

Update today, Lowell's have sent me a letter letting me know they have contacted Capone and Capone are trying to retrieve the agreement from their archive and as soon as they have they will send it to me.

In the event we cannot obtain a copy of the agreement we will write to you again and inform of this. Once you have seen your credit agreement we will ask you to pay your outstanding balance in full.

[dx100uk]

if they get it

 

 

and IF its enforceable mind!!

[Nivagey]

Update today from Lowells.

 

We are waiting for your credit agreement.

 

I'm afraid we have not received a copy of your credit agreement from Capone yet.

They are still trying to retrieve it from their archives.

We have placed your account on hold until we receive further information.

 

We will be in touch, when we receive it from them we will post it to you straight away.

 

 

We wont write to you again until we have the agreement.

[Old Cogger]

Do not just sit around waiting, if you do have a Beer!

[dx100uk]

and another one bits the dust

 

 

dx

[Nivagey]

pdate today got this letter from Lowells, enclosing the alleged copy of the agreement, Terms and Condition page (6 other A4 sheets included) and another A4 Credit agreement statement. They are now questioning Capone about my dispute and have put the account on hold again until they have further information from them.

 

 

 

Any advice? Should I just wait until they reply to the dispute letter from Capone?

Thanks

Edited September 24, 2014 by Nivagey
wrong pdf files uploaded

[BRIGADIER2JCS]

Ok update today got this letter from Lowells, enclosing the alleged copy of the agreement, Terms and Condition page (6 other A4 sheets included) and another A4 Credit agreement statement. They are now questioning Capone about my dispute and have put the account on hold again until they have further information from them.

 

 

It appears this "document" is supposed to be a " reconstituted agreement which may or may not satisfy the CCA request.

It must have:

 

 

Your name and address at the inception of the account.

The Creditors name and address at inception.

The Ts & Cs at inception and closure of the account.

Any documents mentioned in the Ts & Cs.

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

A current statement of the account (not an historical statement.

Wait for their response.

[Nivagey]

Hi thanks, I have been advised a while back that this was a short application form and not a credit agreement is this correct?, and also the default notice was defective as it was not date specific.

 

Thanks