Capital One "Agreement" - Valid? Help Please!

[Halibutt]

Thanks Teaboy and thanks DX

[Halibutt]

Oh, and I STILL haven't received a copy of Lowell's complaints procedures/info/leaflets, despite having requested them in writing three times and verbally twice.

 

I'm getting to the stage where I wouldn't mind them trying to take me to court - I have absolutely nothing to lose, but now have a mountain of ammunition against them for poor/deceptive practices, harassment, non-compliance, etc.

 

I'll update as and when

[BRIGADIER2JCS]

Hi H

I had a similar situation with MH on behalf of a third part Trading Standards took very strong line

about non provision of complaints procedures.

Might be worth trying on Lowlife.

[Halibutt]

Thanks Brigadier. I've kept all written evidence of requests for complaints procedures - including proof of posting & receipt/signed for. I'll bear that in mind!

[teaboy2]

Any recent developments Hali?

[Halibutt]

I have have been playing letter ping-pong with Lowell Portfolio for over a year. They've harassed my family by phone, auto-dialler, letter, threats of doorstepping (is that like "teabagging"?) etc.

 

Thanks to CAG, I was able to politely but firmly state my position and clearly set out my argument against them and show that I now know my rights.

 

Until a couple of months ago, I was still getting a couple of letters a week, so, after reading through various threads here and taking the kind advice of many Admins and friends here, I decided to compose my own letter. Haven't heard from Lowlifes for two months now:

 

Lowell Financial

PO Box 511

Bradley Stoke

Bristol

BS34 9BH

By Royal Mail Recorded Delivery

Dear Sir/Madam

 

Re: Reference Number 123456789– Account In Serious Dispute

 

Thank you for your letter, dated xxth xxxxxxxxxx 2011 in which you asked me to contact you regarding repayment proposals.

Unfortunately, I am currently not sure which part of your company I should be responding to, as I have recently discovered that “Red Debt Collection” and “Hamptons Legal” are actually both parts of your company. You had previously led me to believe that the aforementioned were separate entities. I would assert that this is at best, misleading and at worst, deliberate deception on your part.

"Red Debt Collection" have told me in writing that they will not enter into any correspondence, "Hamptons Legal" have been making threats of court action and in your last letter you simply request contact to arrange a repayment plan.

As I explained in a previous letter, now that I am in receipt of the Subject Access Request, sent by Capital One, I am now in a position to inform you that Capital One have been unable to confirm that they hold an executable original copy of a signed, dated, Consumer Credit Agreement for the above account.

I trust you will be good enough to pass this information on to whichever part of your company you feel is most relevant.

May I also point out that your company has failed, despite four written requests, to furnish me with a copy of your complaints procedures. This is in clear breach of OFT and FOS guidelines. I would be obliged if you would now forward to me a full copy of your company’s complaints procedures.

Yours faithfully

Halibutt

 

 

It still makes me giggle like a Japanese schoolgirl when I see Lowell's P.O. Box postcode starts with "BS"

[Halibutt]

Oh, and even after that, absolutely no sign of a response to my requests for their complaints procedures. Even if a judge found that I should pay them anything, I think he/she would take a pretty dim view of their behaviour - which is the reason I started all this in the first place...

 

I also told them in the letter before the above that I would charge them for any and all further correspondence. Just waiting for the next letter from them. My reply will be accompanied by an invoice...

Edited August 11, 2011 by Halibutt

[dx100uk]

not having a valid cca does not resolve you from paying a debt where a clear financial link existed.

 

you need to becareful here.

 

so how much are they after and how much are cap1 charges/ppi?

 

pers i'd send nothing

 

dx

[Halibutt]

I've never had any intention of avoidance DX and am happily paying another DCA who have treated me with due fairness and consideration - and I KNOW that if challenged, that DCA wouldn't be able to provide a valid CCA either. But I owe the money, so I'll pay...

 

My problem with Lowell is simply their behaviour. So now, I want them to prove that they have a legal right to collect. If they'd behaved reasonably, I'd be paying them. However, I'm fed up with bullies. It's people like them who pile stress onto those in genuine financial difficulty, often affecting both mental and physical health.

 

I was told that even though I'm on benefits, I MUST pay them £32 a month.

I've been threatened with all sorts if I don't comply.

 

It's simple - if they were polite and considerate of my circumstances and their phone operatives hadn't been downright rude to me, making ridiculous threats, then we could have possibly come to a mutually beneficial agreement.

 

Oh, and they say I owe just over £1,000. No PPI. If there was PPI, I'd reclaim that to offset a CCJ after the event - I have nothing, they can take nothing. A CCJ wouldn't make a jot of difference to me unfortunately

Edited August 11, 2011 by Halibutt

[dx100uk]

pers if you are on benefits i'd only be paying them £1PCM.

 

esp as no CCA exists or appears to exist.

 

i find it hard cap1 did not levy charges

 

have you got all the old statements

 

and have you looked at your CRA file to see what the stauts of this debt is?

 

something smells here.

 

dx

[Halibutt]

Well, it's been a while since I started letter ping-pong with Lowell/Red/Hamptons, but they finally seem to have decided that I actually had the law on my side, thanks to CAG Team, Members and advice/encouragement.

 

Here's the letter I received:

 

 

Now, they're even misleading in the above - "Contacted credit reference agencies, etc." - well that would do no good as the default was well over 6 years ago and wouldn't appear anyway.

 

I also realise that they may well have passed it on to Robbers Way or similar, but I think I can happily deal with them...

 

Anyway, balance as far as Lowell is concerned is now £0:00 as opposed to £1,400. As a few people said to me, Lowell "bought a lemon."

 

If anyone would like to know about my correspondence with Lowell, arguments put forward, etc. I'm happy to answer, but in this thread rather than vie personal message (as per site rules).

 

Thanks all for your considerable help, advice and friendship.

 

H. x

[Halibutt]

Well, it's been a while since I started letter ping-pong with Lowell/Red/Hamptons, but they finally seem to have decided that I actually had the law on my side, thanks to CAG Team, Members and advice/encouragement.

 

Here's the letter I received:

 

 

Now, they're even misleading in the above - "Contacted credit reference agencies, etc." - well that would do no good as the default was well over 6 years ago and wouldn't appear anyway.

 

I also realise that they may well have passed it on to Robbers Way, Fredericksons, or similar, but I think I can happily deal with them...

 

Anyway, balance as far as Lowell is concerned is now £0:00 as opposed to £1,400. As a few people said to me, Lowell "bought a lemon."

 

This wasn't debt avoidance, might I add - this was standing up to really nasty bullies and turning the legal precedents they quoted right back at them, though with rather more accuracy/reference/precedence.

 

If anyone would like to know about my correspondence with Lowell, arguments put forward, etc. I'm happy to answer, but in this thread rather than via personal message (as per site rules).

 

Thanks all for your considerable help, advice and friendship.

 

H. x

Edited October 28, 2012 by Halibutt

[unclebulgaria67]

It has taken two years for a reply ?

[dx100uk]

good result.

 

dx

[BRIGADIER2JCS]

A good result indeed, just be aware of the phrase '' NO FURTHER ACTION WILL BE TAKEN BY US'' Lowell are notorious for selling on ''lemons'' so keep all correspondence safe!!!

[Halibutt]

There's been a few letters in between, a SAR and me threatening legal action and putting in formal complaints, plus a four page letter, detailing their failings and (as I see them) semi-legal/misleading statements, etc. But the whole thing has taken a couple of years from start to finish!

[intend]

Congrats Halibutt -lets hope this is the end of it.

[Bandit127]

For the record (and with regard to post #1), the OFT have issued guidance on CCA requests that specify what they expect to be supplied against the requirement for a "Statement of Account".

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

See S.3

 

IMO any creditor chasing an account should be able to supply a full statement, including all sums payable under the original agreement, and all credits, debits and charges from inception. I think the ordinary man in the street would think a "Statement of Account" was this too. However, the OFT stop well short of this. Sadly - but perhaps not unpredictably.