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Cap One/Lowells/Hamptons Legal


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Hey all,

 

Just a quick background on this, account was with Capital One, CCA'd them and got the usual rubbish agreement back, so i stopped paying Capital One.

 

The account then got moved on to Lowells, i CCA'd them and after a few months, they supplied the usual rubbish agreement, i told them it was unenforcable and up until such time an enforcable agreement is supplied, i wont be resuming payment.

 

This went on for a while and they then sent me the same agreement again and requested payment, i didnt reply to them as i was telling them what i had already told them before, must of been a 12 month gap mind.

 

Anyway, ive been getting the letters asking to pay or enter a payment plan. I havent replied to any, this week though, i recieved a "Pre Litigation" letter, obviously if they want to start court proceedings then so be it, i believe i'm in the right?

 

I'm just after help on bringing this to a conclusion, its obvious the agreement is a duff, so how do i stop the waste of paper coming from Lowells?

 

This is my agreement (dated 2005) and i use that term loosely ;)

 

CAPOneAgreementPage1.jpg

 

I know Lowells have bought the account, as on my credit file, it shows as Lowells who defaulted me, Capital One don't appear on my file, well they don't with Experian.

 

I suppose getting the default removed would be pushing it?

 

Thanks for any help/info/pointers :)

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I don't think there is any magic letter you can send them. Just ignore and wait for them to arrange for the court papers to be issued.

 

The letter you have received is probably not a letter before action. It is just saying that they will be taking pre litigation action, which means they will have to research your account a bit more to see if the can take this forward. If they can't, at some point you will receive letters/phone calls from a different DCA.

 

The credit agreement in your post cannot be the full copy they would use in court.

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I would be more worried if they sent you a letter from their pre-school department. At least at pre-school they teach them to read and write :-D

 

Just in case you weren't sure, Cap1 would have defaulted you and then the Leeds Losers would have replaced Cap1's name with their own upon sale of the debt

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These pre-litigation letters are nothing more than another threatogram..they do not mean that they are ready to take it too court..they are just meant to frighten you to believe this is so....ignore em..the next one you will have is a letter asking you if you want to pay if they give you a reduction....when you ignore that..they normally go away never to be heard of again

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I can vouch for the advice above, im in exactly the same position, been going on 3 years now....about 3 to go for SB

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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