Lowells / Cap1 can't produce a CCA now they have past over to Red

[just_jue]

Hello everyone,

 

We had some problems in 2002-2003 and ran up a debt with Capital One, with all their charges to debt ran up to just on £1000.

The debt has now been brought by Lowell of Leeds.

On the 26th of April I sent them a CCA request. Got the standard letter dated the 29th saying they are asking C1 for the CCA agreement.

Now the 12 + 2 days have passed what letter do I send now?

 

I also got SAR from C1, the last payment was made July 2004. Checking the charges (late and over limit) and they are approx £600, can I ask that these charges are taken off the debt?

 

Thanks

[cerberusalert]

You should reclaim the charges from Crap1 who will probably pay the refund to Lowlife anyway, although you might be lucky & they'll send you it instead.

 

You said that you CCA'd Lowell & are still waiting for it, did you get a copy with your SAR? If not it would be likely that there isn't one, in which case it might be better to get your refund before you dispute the a/c.

[just_jue]

Hi, I have a SAR in front of me the charges are: (late and over limit) £340

 

Can I also claim the PPI back which works out at £133.30

[cerberusalert]

You can reclaim the PPI if you were self-employed/worked as a contractor/unemployed when it was taken out, or if it was mis-sold.

[just_jue]

I don't think my OH was told about it at the time

[postggj]

when Was The Last Payment You Made To Cap 1

 

Not Charges Applied

[just_jue]

July 04

[just_jue]

Hi, No i got the SAR from Capital One earlier, we think the PPI wasn't mentioned when my OH took out the agreement

[just_jue]

Hi, it is now over the 12+2 days, now what would be the best course of action to take? Claim the fees back or put the account in dispute with Lowell?

 

Thanks

[cerberusalert]

Put the a/c in dispute with Lowells for now.

[just_jue]

Sorry to be a pain, what is the best letter to send?

[cerberusalert]

Send this one; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[just_jue]

Sent the dispute letter yesterday, see what happens now

[just_jue]

Had this letter come through today:

 

http://i718.photobucket.com/albums/ww185/just_jue/Transfernotes.jpg

 

Do I just wait now?

 

Thanks

[sam614]

yep wait for them to get back to you.

she will not doubt try the extra 30 day route,after they get your dispute letter:rolleyes:

SAM:pLOWELL DETESTER

[just_jue]

Hello everyone, had this letter from Lowell today, are they right? or are they wrong as usual.

 

Thanks

 

http://i718.photobucket.com/albums/ww185/just_jue/Lowell-1-6-09.jpg

[sam614]

Hello everyone, had this letter from Lowell today, are they right? or are they wrong as usual.YES:D

 

Thanks

 

http://i718.photobucket.com/albums/ww185/just_jue/Lowell-1-6-09.jpg

 

 

 

ms swallow is aware that she no longer has 30 days

 

cant take it in however many times she is told.

SAM:pLOWELL DETESTER

[just_jue]

Thought so but if it makes her life a little better, let her think that

[ODC]

Obviously the silly Ms Swallow is not paying attention. Send her this

 

 

Dear Ms Swallow

 

Thank you for your rather silly letter. You are in fact mistaken in your misguided response to my CCA request. As a Credit Professional belonging to a company who are members of the CSA I would have thought that you would be au fait with current legislation. You are sadly mistaken in you opinion that you have more than 12 working days to comply with my legal request and I suggest you contact a solicitor for Legal advice (I would not recommend your in house team of Hampton Legal).

 

On this occasion I will put your response down to mere stupidity rather than a deliberate attempt to deceive which as you know would be a clear breach of the Consumer Protection from Unfair Trading Regulations 2008, The CSA Code as well as the OFT Guidelines on the Collection of Debt.

 

Actually I think I will report the matter to the OFT as it would appear the lack of knowledge the Consumer Credit Act would indicate perhaps that the Lowell Group are not fit to hold a Consumer Credit Licence.

 

You cannot pretend that you were not aware of the change in Legislation as it has been pointed out to you numerous times by members of the Consumer Action Group.

 

Infact I dont even know why you bothered sending you silly letter to me when you know as well as I do that Capital One will be unable to produce anything remotely resembling a properly executed CCA Agreement.

 

So why waste my time and yours by pretending otherwise.

 

 

yours etc

[just_jue]

That will put the cats amongst the pigeons

[ODC]

Well its time to nail her blatant porkies

[rentarded]

Even though she is a big fibber you have to admire the name! She would have got some stick for that at school which I'm sure no doubt made a big impression on her career choice (unpopular kids becomes Police officers etc.)

[ODC]

The fact that she shares her name with a rather dubious 'film' star is mere coincidence

[sam614]

could suggest 2 new more fitting bird names for her.

t*t or robin

SAM:pLOWELL DETESTER

[spitfire650]

Ms Swallow (if she even exists) is a moron. Try writing to the compliance director complaining.