Lowell Financial/Lowell Portfolio/Capital One

[ims21]

Since my post yesterday, I have now had a reply from Cap1 with the usual stuff saying about how they consider their charges being lawful, the OFT guidelines being adhered to and making me a ridiculous offer of some 2% of the total claim. They offer less than £200 against a claim of over £4,500.

 

So I have prepared the lba, amended to reject their offer, giving them 14 days to cough up. If nothing happend than on day 15 I will be off to the court to issue against them.

 

I have reproduced my lba below......are there any errors or adjustments I should make before this goes off please?

 

Thanks

 

ims

 

SENT BY ROYAL MAIL RECORDED DELIVERY

LETTER BEFORE ACTION

Dear Sirs,

 

CREDIT CARD ACCOUNT NUMBER: XXXXXXXXXXXX

Thank you for your letter of 11 April 2011, the contents of which have been noted.

 

I am of the opinion that your comments regarding the OFT and your view that your sums are lawful does not, in fact, make them lawful.

 

I also reject the offer made in your letter of 11 April 2011.

 

I still consider that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £xxxx plus £xxxx which you have charged me in interest for the sums which you have taken. Total £xxxx. The updated Schedule of Claim is attached.

 

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

[dx100uk]

yep

 

dx

[ims21]

Hi

 

Have now sent lba as above giving 14 days. Will wait and see what comes back. If nothing satisfactory, filing of claim with court will happen on the 15th day.

 

ims

[ims21]

lba signed for by them today according to track & trace. Clock now ticking. N1 form downloaded and ready for completion.

 

ims

[clio2010]

subbing

[ims21]

Now had a letter from Red Debt Collectors (who are of course Lowell in another coat) with the usual stuff saying "Might", "May", "Could" etc. I propose to ignore especially since the lba has been sent to Cap1. Is this the right course?

 

I am still confused on the point where the Cap1 debt has been sold to Lowell. How does this impact on Lowell/red trying to collect a debt which they have bought if I am making a claim against the original bank? Any advice would be appreciated.

 

Thanks

[dx100uk]

well it nulls any debt so blows them right out the water

 

dx

[ims21]

Thanks dx

 

Cap1 deadline for complying with the lba is the end of this week (I allowed a few more days for the bank hols) so if no response or refund by Friday, the papers go to court one week today.

 

Will keep the forum posted

 

ims

[Delboy01]

Good one keep us posted.

Edited May 4, 2011 by Delboy01

[Delboy01]

..

Edited May 4, 2011 by Delboy01

[ims21]

Hi All....Just an update

 

14 calendar days from my LBA to Cap1 expired on 3/5/11. I have given them a few more days to allow for the string of bank hols which came around at the end of April. (After all, I am a reasonable kind of guy!). As of this morning...Nothing from them.

 

My LBA stated that if they hadn't paid within 14 days I would start court proceedings without further notice so I guess I am free now to trot down to the court with my claim (including CI and Stat Int to date of settlement and costs) and get this underway without making further contact with Cap1. Is this correct?

 

Thanks

 

ims

[kate999]

subbing -

tried to claim back charges with them but just got same reply as you but didn't take it any further, think I will start it up again!

Good luck!

KX

[dx100uk]

yep file for court

they'll soon cough!

 

dx

[ims21]

Right

 

Just finishing off my POC and N1 and just before I wrap it up for delivery to court tomorrow there is just one more question.

 

If I include the 8% to date as part of the figures on the N1, it takes the claim over £5k. Is it ok just to put in the POC a phrase to the effect that "The Claimant also claims S69 interest at 8% on each charge from the date the charge was applied to the date of judgement, the amount of which cannot be determined until the date of judgement"

 

Then I can just take a schedule of workings for the 8% to court with me if it gets that far.

 

Thanks

 

ims

Edited May 12, 2011 by ims21

[ims21]

bump

[Phargon2011]

Sorry but how do I start my own thread? I'm new just registered and I can't see any button/ Link to start new threads ???

It's the same matter lowell/ cap-one don't wanna complicate the OP's thread

[ims21]

Sorry but how do I start my own thread? I'm new just registered and I can't see any button/ Link to start new threads ???

It's the same matter lowell/ cap-one don't wanna complicate the OP's thread

 

At the top left or bottom left of the Cap1 forum page just hit the button marked "+ Post New Thread"

[ims21]

So, another update

 

Letter received frm Cap1 with an increased offer but still only about 25% of what I am suing for. This letter was their response to my lba. They have included the paragraph about final decision etc. Their letter says their offer is for all charges and interest thereon going back 6 years.

 

Well I'm sorry Mr Cap1, that is not good enough so lets see how you feel when the court papers drop on your desk.

 

I'm not going to bother to write to them again so see you in court Mr Cap1

 

ims

[Still_surviving]

Sounds like your case is progressing the same way as mine, albeit a few weeks behind....

 

Theyve filed a defence against my claim, but do not appear to have filed an Allocation Questionnaire - am awaiting the next step from my local court (albeit via the Regional Business Centre 70 odd miles away)

[ims21]

Sounds like your case is progressing the same way as mine, albeit a few weeks behind....

 

Theyve filed a defence against my claim, but do not appear to have filed an Allocation Questionnaire - am awaiting the next step from my local court (albeit via the Regional Business Centre 70 odd miles away)

 

 

If they follow their normal practice it sounds like they will cough up to you very soon

 

Good luck with yours and thanks for supporting this thread

 

ims

[bezzy0_0]

Sounds like your case is progressing the same way as mine, albeit a few weeks behind....

 

Theyve filed a defence against my claim, but do not appear to have filed an Allocation Questionnaire - am awaiting the next step from my local court (albeit via the Regional Business Centre 70 odd miles away)

 

watching with great interest, including ims21, in same boat, but not yet started claim due to others to deal with, about too though, keep us posted and updated , guys, great stuff.

[ims21]

Hi again

 

Been going through my papers on Cap1 to see what other shenanigens they have been up to with my account.

 

I have checked my default notice against post 2282 in the following thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices/page115

 

My default notice contains all of the errors mentioned which makes it invalid.

 

Is this enough on its own to have the default removed from my CRA?

 

Does it impact on actions being taken by Lowell/Red (whatever they want to call themselves) given that they bought he debt from Cap1?

 

Does it impact in any way (postive or negative) in the claim for charges which is about to be served in court against Cap1?

 

Thanks in advance for any advice or opinions

 

ims

 

ps Good luck to bezzy and SS with their claims. I am watching these with interest too.

[dx100uk]

short ans is no

 

many of the things mentioned in that thread haVE BEEN over taken by the likes of rankines etc

 

and ofcourse thanks to all the reclaim co's too,

we used to have a chance before, now we've totally been squashed on most CCA/DN errors.

 

dx

[ims21]

Thanks dx

 

Can't have it all I guess

 

ims

[ims21]

Hi again

 

Just a quickie....

 

Do I need a copy of the t&cs for the Capital One Credit Card to put in my poc or court bundles?

 

If so, are there standard ones anywhere on the site or should I get them from Cap1 via CCA?

 

I have all of my statements......unusual for me to keep stuff going back that far!

 

Thanks

 

ims