Help with Capital One

[Desperate Daniella]

Did they answer the points about CPUTR or Carey v HSBC? Or have they just ignored all the points you raised?

[iamtiasmom]

no answered points... i'm sending the letter again

[Desperate Daniella]

Did they specify a date to reply? 14 days or whatever?

[iamtiasmom]

No, the letter states:

 

I have further reviewed your account and can confirm that all the points were answered in my previous response.

 

In light of the above,

I believe that the outstanding balance is fully due and owing.

 

 

I have enclosed a copy of these documents for your perusal (nothing enclosed).

I would ask you to contact our Customer contact centre to discuss repayment plan.... yayayaya

 

This letter represents my final response on the matter, if you dispute this contact financial ombudsman....

[Desperate Daniella]

Haha. It may be their final response but it's not going to be yours!

 

 

Don't reply for a few days - couple of weeks - because if you do they think they are calling the shots.

 

 

Write back and say that they did not reply to the points you raised in their previous response and then repeat the bit about HSBC v Carey.

 

 

Then CPUTR etc....... And then say, "It is a simple question and the answer is YES or NO."

 

 

As you suggest I shall of course be reporting this to the Financial Ombudsman if you fail to provide the documents I have requested within seven days. You state in your letter of xx that you were enclosing documents for my perusal but these were not enclosed.

 

 

Then when you have a minute phone up the FOS and report them for demanding money from you without providing a copy of your alleged credit agreement. If FOS ask if you had the money say you did but you think you may have been overcharged and incurred various penalty charges and it is for the reason that you wish to see your original agreement, as of course you have a right to do. They will give you a reference number and send you a form to complete. In my experience Lowell will write to you before you send in your complaint, because they will be notified immediately.

 

 

DD

[iamtiasmom]

Good morning,

 

I wrote to Lowell and reiterated the questions asked. I messaged FOS stating what you mentioned and Lowell have written back to me again saying exactly the same thing suggesting the points were answered previously etc.

 

Thanks

[keith4444]

Ok, i'm basically sending them this is not a legal document letter. Is that correct?

 

Hi,

Does anyone have a copy of the above letter template? I've just looked in the library and can't find one. Am also fighting Lowell on behalf of someone else's Cap1 CC that have received the short application form and seperate T&Cs everyone seems to have been sent.

 

Many thanks in advance for any help

Regards

[Desperate Daniella]

Hi,

 

 

They messed me around for months.

 

 

Write back and say very firmly that they didn't answer your questions, repeat the questions (including the YES or NO bits) and say that if they do not reply within 14 days you will report them to the FOS.

 

 

DD

[iamtiasmom]

I sent the letter to Lowell, they have sent a reply today stating: Your letter has not raised any further points and therefore I feel that my previous letter, dated 19th November, adequately answered all of the concerns you had raised.

 

In light of the above, any further letters will be noted but not responded to.

 

Your account is currently being managed by Fredrickson International. Therefore, please contact them on 0845 313 6613 to discuss an affordable payment proposal.

 

This letter represents my final response on this matter. If you wish to dispute my decision the Financial Ombudsman Service provides a dispute resolution service to assist customers who fel their complaint remains unresolved. You have the right to use this service for up to six months from teh date of the letter dated 19th November 2014.

 

 

 

 

 

 

I have put in a complaint with the FOS. Any idea if i should do anything else in the mean time?

 

 

Thank you

[theoldrouge]

I would ignore completely, and wait and see if they issue a claim,

 

then defend on the basis of improper execution via s61/65/127(3)

 

the fos will not look at enforceability issues

[iamtiasmom]

I've received a letter from Fredrickson International. Asking for money etc giving me details of the solicitor they'll use if I don't pay up......... what next???

[theoldrouge]

you are not going to get anywhere with Lowells,they will just say they have complied with s78

 

the fos wont be of any help, so its deadlocked

 

so wait till you get an lba and argue it out initially with the solicitors

 

and then if they issue, defend on the basis of improper execution

 

really its a case of come to an arrangement to pay,ignore in the hope that they do nothing or defend in the long run

[iamtiasmom]

the date of the original default will be six years old in 13 months. Do I have to be worried? Is the fact that capital one and previous DCA's struggling to enforce this a good sign that I can still fight this??

[iamtiasmom]

I've had missed calls from Fredrickson International today .... sleepless nights are impending

[iamtiasmom]

I've just found this on another thread, do you think i should send it to Fredrickson??

 

I am sending this tomorrow to both addresses that this joke of a company have.. Just wanted to get some input from this forum.

 

--------------------

out of date template removed

Edited February 14, 2015 by dx100uk
dx

[iamtiasmom]

[iamtiasmom]

Any thoughts on whether to send the letter above?

[theoldrouge]

No out of date and just going round in circles imo

 

Do you own a property or employed?

 

This often determines whether they persue a court claim

[iamtiasmom]

I do not, however my new husband owns our home......

[theoldrouge]

Debt in your name so can't obtain charging order

 

If not employed no attachment of earnings

 

makes claim less likely

 

Read up on the 1983 regs and s61/65/127(3)cca1974

[iamtiasmom]

Ok, do you think I should send them the account is in dispute letter which has been sent to previous DCA?

 

I am actually in employment, but have no assets in my name and my outgoings are more than my income atm.... should I include any of this information in a responding letter?

[dx100uk]

why keep inviting letter tennis

when anyone first failed to send you an enforceable agreement

you should have stop writing then.

 

 

you keep writing they'll keep thinking one more letter will mug you.

 

 

until/unless a claimform is issued

I'd be ignoring everything.

 

 

this has been going on +4yrs here already!

 

 

must be SB'd, last payment?

 

 

dx

[iamtiasmom]

What is SB'd? The original date of account default is 12/03/2010

[maroondevo52]

What is SB'd?

 

Statute Barred

[theoldrouge]

this thread explains the s61/65/127(3) basis of defence

 

but as dx says above ignore and see if they issue a claim

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441354-CCA-from-HSBC-credit-card.&p=4693108#post4693108