Lowell has no credit agreement!?

[morphette]

Hi all,

Lowell have been chasing me for an alleged Captial One debt which had already been round the houses with various DCA before I found this site and when I received Lowells letter I sent them the "Send me the credit agreement" letter. It has taken them since Nov 2009 to finaly reply today with a letter saying that Captial One no longer have my credit agreement and therefore they are unable to send it to me and therefore they are closing the account(I assume this means with Lowell ?) and that I do not owe them any money!!!

 

So in light of this revelation can anyone please tell me what this means now going into the future? Will another DCA try and collect on this and will it mean me sending them the same letter as I did to Lowell originally? Surely if Capital One have admited they can't find the CCA then the account is closed with them too? Is there another way of chasing this ie Captial One taking the Debt collection back inhouse? And without a CCA is it enforeceable anyhow if it ever went to court!???

 

Any news views comments or ideas greatly appreciated. Thank you! xx

[bazaar]

Keep that letter in a gold plated frame for future use should any ****** dca try it on.

Just a copy of that with a short letter, telling them to offski

[Hardupnotfedup]

Cap 1 will probably farm it out to another DCA, the debt is unenforceable in a court but the debt still exists.

Send any new DCA a copy of the letter stating they have no agreement and request that they return it to Cap 1.

If you are of a mind to pay this you could offer A very small F&F of around 5% with the condition that your credit file is marked as satisfied, not Partial settlement.

You are in control of this now

[morphette]

Cap 1 will probably farm it out to another DCA, the debt is unenforceable in a court but the debt still exists.

Send any new DCA a copy of the letter stating they have no agreement and request that they return it to Cap 1.

If you are of a mind to pay this you could offer A very small F&F of around 5% with the condition that your credit file is marked as satisfied, not Partial settlement.

You are in control of this now

 

Never thought I would be in control of this and in a strange way feels good...I feel so much more positive...thanks for the above comments. I doubt they would pass to another DCA as it has been passed to nearly every DCA I have ever read or heard about on this forum and others - Lowells however were the only ones I ever replied to with a CCA request. Just wondering if Capital One will ever send me demand for payment themselves althou I could just remind them that they need a certain CCA!!!

 

Many thanks for your comments really cheered me up!! And I sooo like the "You are in control of this now" - that line makes me feel alive again!!

[morphette]

Keep that letter in a gold plated frame for future use should any ****** dca try it on.

Just a copy of that with a short letter, telling them to offski

 

Hi Bazaar...have hung it pride of place on the office wall...a reminder of one small step for mankind against DCA's...thanks for the reply!! x;)

[morphette]

Well it appears that the above Lowell people are keen to get their money one way or another as their original letter dated 16th July 2010 said that there was no credit agreement and that Captial One could not locate and therefore I owed them no monies.

 

Not heard from them since this date in July.

 

Then today bomb shell.....

 

I have received a letter from Lowell enclosing the original credit agreement with Capital one (copy actually) showing my signiture and their computer generated statements giving me 21 days to pay and showing state of the account as defaulted.

 

Next move??????

 

Can anyone please advise exact wording I need to check against the agreement to see if it is legit or direct me to where I can find such info on the web or on this forum. Thanks in advance.

 

The credit agreement info is not on headed paper and is just 4 pages of info on the agreement itself...must admit looks likes a copy and paste thing on white paper nothing else but does have my details on typed and nowhere have I signed it.

 

 

The other photocopy which does show my signiture looks like the application form where it has all my personal details and salary, banking details I assume that this is legit but have noted that I never ticked the PPI bit on the form.

 

I mention the above because throught their computer generated statements I see that they have charged PPI also if there was ever a late payment fee it is not in line with their credit agreement ie that says £12 and they have in some cases charged £25...

 

My question could I get the PPI and the difference between the £12 and £18 back or taken off the total amount owed to Capital One.

 

What do I do next...am now not a happy bunny...can Lowells do this when they originally said that there was no CCA and that I owed them NO Money but they have now produced and posted the above info/docs???

 

How shortlived my smugness was!!!

 

Anyone who can help on this matter appreciate it in advance.

 

Thanks again

[middenmess]

All late charges are recoverable in full plus CI at the current cash rate they charge you or as per the last statement you received when the account was live plus 8% simple interest on the total.

 

Use this calculator for each charge and tick the box for '12 rests'

 

http://www.egalegal.com/compoundWindow.html

 

PPI should also be reclaimable and more knowledgeable caggers will advise on that.

 

Posting up the ''agreements'' minus personal info will be necessary to receive advise on their legitimacy.

[Craigbadger]

They sent you an agreement, doesnt mean its an enforceable 1, cap 1 dish out some right cack.

You really need to get a scan or photo of the agreement and post it up.

[unclebulgaria67]

So they sent the CCA to you, which may or may not help them. If you post it up on here, with any identifiers/personal info removed, people will be able to comment.

 

Once you receive some pointers to help you, then you can start to correspond with them, to make sure that they understand that if they went to court, you would be challenging them.

[Traceywak]

if lowell bought this debt from capital one then the account will not be coming back to capital one, i know this as i used to work there, the account will be closed and you have got away with paying this back

[middenmess]

if lowell bought this debt from capital one then the account will not be coming back to capital one, i know this as i used to work there, the account will be closed and you have got away with paying this back

 

 

As you worked for Cap1 there must be many other useful snippets of information that you could perhaps share with CAD?

[sam614]

if lowell bought this debt from capital one then the account will not be coming back to capital one, i know this as i used to work there, the account will be closed and you have got away with paying this back

 

 

and where do you work now?

LOWELL BY ANY CHANCE:roll:

[creditcardmug]

I suspect what they have sent is an unenforceable application form, as they did with me and many others on here, stick to your guns

[bazaar]

Have they sent you full account history from start of alleged agreement? If so, you can add up all those charges and PPI, then see what the difference is

[Traceywak]

Sam 614, im actually a full time mother, why the sarcastic comment i am simply stating a fact

[morphette]

Thanks everyone for feedback and replies...I will scan docs I received and hope someone here can tell me if it is enforecable or not...to be honest from reading various other posts on threads on here it would appear that it is not but would rather scan docs and see what replies I get.

 

More annoyed that they sent a letter 16th July 2010 saying that Crapone had no agreement and that therefore Lowells would not contact me again and that I did not owe them anything...and then this arrives which is very very annoying...feel like writing to Lowells and returning everything back to them saying "you said yu wouldn't contact me and your letter says I don't owe you anything so stuff it" But know that's not how they would look at it. The original CCA request was way back in Nov 2009 and it's taken til July 2010 to even send me a response saying that Crap one can't find it!! So techinically they are way over the statutory time limit as I see it but guess if this went to court both the "you don't owe us any monies" letter of July 16th and the 7 months it's taken for them to find the agreement wouldn't count/ mean anything to/ with a judge!!!

 

Thanks again to everyone and to traceywak I apprecaite your comments the most...there really was no need for Sam 614 to respond like that!! Thanks again Traceywak!! xx

[sam614]

Sam 614, im actually a full time mother, why the sarcastic comment i am simply stating a fact

 

 

the sarcastic comment was a question.

 

based on the other posts by yourself.

 

the same question asked by others.

[JonCris]

the sarcastic comment was a question.

 

based on the other posts by yourself.

 

the same question asked by others.

 

Quite & aren't you Tracy the poster who admonishes others for not being morally sound because they 'won't' (in your mind at least) pay their debts

[sam614]

Quite & aren't you Tracy the poster who admonishes others for not being morally sound because they 'won't' (in your mind at least) pay their debts

 

The one and the same.

 

Beyond me why someone joins,jumps into a thread to tell the OP (who by the way has not posted for 4 years ) that they are wrong not to pay.

 

Then straight into another lowell thread,to tell us how good they found that lowell were when she called them after trying "everything not to pay"!!!!!

[middenmess]

The one and the same.

 

Beyond me why someone joins,jumps into a thread to tell the OP (who by the way has not posted for 4 years ) that they are wrong not to pay.

 

Then straight into another lowell thread,to tell us how good they found that lowell were when she called them after trying "everything not to pay"!!!!!

 

Simple explanation really--the poster is a an idiot!

 

From Wikipedia, the free encyclopedia

An idiot, dolt, or dullard is a mentally deficient person, or someone who acts in a self-defeating or significantly counterproductive way.

[citizenB]

Whatever our personal opinions are of another poster, can we please keep them to ourselves. If you have any evidence of wrongdoing by another user.. let admin know. Thanks

[JonCris]

Persons who come to this forum for the sole purpose of castigating other users over their attempts to get their lives in order should be banned & not allowed to spout their nonsense here & please don't quote the usual mantra that "everyone is allowed an opinion" they are but it shouldn't be about whether or not members are trying to to avoid their liabilities. Usually being desperate already they don't need more grief from such trolls

 

AND the member in question admits to having worked for Cap 1, which alone speaks volumes don't you think?

[eagleforms]

I too have at long last received aCapital One "original credit agreement" from Lowell. It is, in fact, a short application frm, which, to my mind is not and original credit agreement. I assume this is unefforcable. The T & C's are also just 4 pages of what look like photocopied standard terms with my name added to the top. It is just a put-up job from what I can see. Should I write to Lowell and tell them to produce the credit agreement as the application form will not do?

[bazaar]

you can try it, but they will just say they have complied and its enforceable,

The trick is waiting to see if they want to try and use that in court. As long as your arguments for sight of the original true agreement are good, they may think twice and discontinue, then you hit em for costs