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carter letter - old cap1 debt - help please!


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Hi, I have just received a 'statement of your account' letter from lowells regarding an old capital one card.

 

Now I normally file these things in the bin but this one has the following line at the top of the letter:

 

'' This notice is being given to you as required by the consumer credit act 1974 because you fell behind with your payments under this agreement with the original creditor''

 

Statement date '16/7/2010'

 

Closing balance 1108.63!

 

 

Now this account WAS with bryan carter and earlier this year I sent a CCA request and they sent me a load of old account statements back (not a signed agreement), so I just left it at that and forgot to follow through with the other steps.

 

Now lowells have sent me this stuff which looks rather offical, should I be worried?

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It's just a standard Notice which they have to send by law, otherwise they cannot enforce the agreement.

You can safely ignore. :)

 

Thanks.

 

The only other thing with the letter was an office of fair trading information sheet.

 

The bryan carter issue was never resolved. I sent a CCA request letter, they replied with a load of garbage (statements etc, no signed agreement), I forgot to follow it up and I have heard nothing from them since then.

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i have recently recived exactly the same communication from them relating to a statute barred account. I have been pondering on whether to ignore it or send teh statute barred letter...

 

Send the SB letter, so ole Bryan knows youre onto him,

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  • 3 years later...

The last few months I have been getting letters from Lowell,

 

first threatening me then offering me a 'great deal' % discount on the alleged debt.

 

Then came letters from from Red debt collection and now finally from Hamptons legal.

 

Normally I file them and ignore, but for some reason this latest Hampton's one is bugging me.

 

They claim the alleged debt is for a Capital One account and is approx £1200.

The default goes back to around July 2008. By my calculations it will be SB in under 9 months.

 

Can I safely ignore it like all the other threat-o-grams or will they go for some last ditch CCJ effort?

 

I'm pretty sure I CCA'd this alleged debt when it was with another DCA a few years back and they never produced any documentation

- however I didn't follow it up with the in dispute letters or anything.

 

I could really do without the stress at the moment and I would appreciate any advice. Thanks.

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Hamptons illegal, this is still lowlifes just using another fake name in order to exploit the debtors lack of knowledge/

 

File it under ignore, if C1 wanted their grubby money, then they would have done something about it a heck of alot sooner.

 

The only time you need respond to them is if they send you a summons, then the response is you will defend this.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well Red and Hamptons are just adjacent desks in the large cess pit of the Lowell group, it makes them feel important to have these different trading styles.

 

Have you made a CCA request yet? if not it would be a good idea to do so now.

 

What is the amount being chased?

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Lowells are issuing stat demands so you might want to consider your options.

 

 

If they do issue a stat demand or court claim, you will need to be prepared.

 

On what grounds would you defend/apply for set aside (SD)

 

One such weapon is non compliance of an s78 (CCA request) so send a request as already advised.

 

How has it come to this point - is there an unresolved dispute over charges, PPI, request for a repayment plan ?

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Well Red and Hamptons are just adjacent desks in the large cess pit of the Lowell group, it makes them feel important to have these different trading styles.

 

Have you made a CCA request yet? if not it would be a good idea to do so now.

 

What is the amount being chased?

 

As per original post - I made a CCA about this alleged debt when it was with another DCA but never got any documentaton back - completely forgot to chase it up.

 

Amount claimed is about £1200.

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Lowells are issuing stat demands so you might want to consider your options.

 

If they do issue a stat demand or court claim, you will need to be prepared.

 

On what grounds would you defend/apply for set aside (SD)

 

One such weapon is non compliance of an s78 (CCA request) so send a request as already advised.

 

How has it come to this point - is there an unresolved dispute over charges, PPI, request for a repayment plan ?

 

What grounds do I need to set aside?

 

I guess I have to send a CCA to be on the safe side...... but I've had no communication with this company previously so my concern is they are on a fishing trip and if I reply then I'm giving them a 'bite', so to speak?

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BUT, does not become immediately SB residential qualification needed.

 

I'm sure dx 100 will be able to clarify the requirements!

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I was kidding but oh well :) Thought people needed a laugh... Right back to business

CCA straight away because i think that would be best to establish whether it would be enforceable in the court of law

 

We could do with some help from you.

 

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I was kidding but oh well :) Thought people needed a laugh... Right back to business

CCA straight away because i think that would be best to establish whether it would be enforceable in the court of law

Yes they do,

 

As I CCA this account with a previous DCA back in 2010 and never received a reply - is it technically in dispute already or do I have to do it again as it is a new debt collector? I still have a copy of the letter I sent and proof of postage.

 

I recall they sent me some copies of statements from cap1 but no credit agreement at all.

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As I CCA this account with a previous DCA back in 2010 and never received a reply - is it technically in dispute already or do I have to do it again as it is a new debt collector? I still have a copy of the letter I sent and proof of postage.

 

I recall they sent me some copies of statements from cap1 but no credit agreement at all.

 

No need to request further then...bide your time and wait until they attempt any litigation.

 

Regards

 

Andy

We could do with some help from you.

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three thread merged for history of advise

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...

Well I have received another threat from these idiots this week (see latest attached PDF). I have triple checked my paperwork and I definitely sent them a CCA back in 2010 which they never replied to properly.

 

So now I am just waiting for them to 'do' something which is making me a bit anxious to be honest.

 

Does anyone know how likely they are to move from threat-o-grams to action? debt is just over 1k.

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