Lowell Group Chasing for Capital One

[Willowy]

Hi everyone, I need your help people.

 

I have Lowell Group chasing me for a credit card account I had with Capital One as a student.

They have stated that an amount of £329 is outstanding which dates back to 2004,I cant rightly remember if I paid this off as its been so long.

 

Thanks to this amazing site ,I found that I could send a Status barred letter which I did by recorded delivery 2 weeks ago.

 

I have now received a letter from them stating that its not "status barred" on the basis that I made a payment of £164.51 towards the account in June 2006 ( again I cannot remember making this payment).

 

What do I do now, am I allowed to ask for proof of this payment? They are citing the Limitation Act 1980 to recover the payment. Pls help!

[maroondevo52]

Hello and Welcome,

 

I'd send a Subject Access Request to Cap 1, this will let you know the score regarding payments made on the account also charges applied to it which can be reclaimed.

 

I've moved this thread to the Debt Collectors Forum.

 

Regards.

 

Scott.

[247orbital]

I'd write back to Lowells and inform them that they need to prove the payment was from you and not one of the many "phantom" payments they seem to make up.

 

An SAR to Cap 1 will cost you £10 but is well worth it, there may also be fees and charges which could be reclaimed.

 

I would also recommend a check of the dreaded CRA just to make sure Lowells haven't trampled all over your credit file.

[Willowy]

Thanks guys for the prompt answers,I will now send another letter to Lowell to provide proof of payment as suggested, will this stop them from actively chasing me and taking any action until they have responsed to my query?

 

Also do I make them aware that I have requested a SARS from Cap 1?

 

This also probably will come across a bit stupid but where do I get the template for SAR pls?

[silverfox1961]

Hi,

You want to be knowing-When-Where and by what means this 'alleged' payment was made and absolute proof of such.

 

Lowells have been known to say "An attempted payment was made on XX/XX/XX" This means nothing

 

SAR templates HERE Section 2

[Willowy]

Thank you very much,I will be sending the 2 letters by recorded delivery tomorrow and I will update as soon as I receive any correspondence from them. Thanks once again.

[Willowy]

Hi all,Just to update on this issue...I have been away on holiday and just got back to a letter from Cap1 regarding my request for subject access. They said they are unable to locate any account relating to me at all and want all addresses I have lived at for the last 6 years. I havent sent this information yet, however a couple of days after the letter from Cap1, Lowell wrote to me to advice that they received a letter from CAP1 stating they have checked their record and can confirm that a payment was received by standing order for the amount of £164.51 paid from a Natwest account ( they gave sort code and account ending nubmber, I cant even remember if I held any Natwest account).My question is Cap1 have not provided me the information I requested for under Subject Access and are still waiting for me to reply with details of my previous address, which I will send off today, wil I be able to hold off Lowell till I get requested info from Cap1?Pls help

[Revenant]

Hi Willowy

 

Hope you had a good holiday

 

If they cannot prove who you are/where you live(d) etc it's NOT up to you to send further details

 

I'd be very tempted to write back and tell them that as they have no record of any account held by you they should go away and call off Lowell and leave you alone until such time they have they proof and that by the way your SAR request still stands

 

regards

 

R

[Willowy]

Thanks for taking the time to reply ROk so I am not legally oblidged to send them CAP1 the details of my previous addresses?I have drafted a letter to send to Lowell below: pls advise if this is ok?*********************************************************************************Account no: I received your letter stating that a payment was made on the account stated above on the 21st June 2011 via standing order from a NatWest account.Again I will reiterate to you I do not acknowledge ANY debt to your company. I have requested a Subject Access from the Capital One and till date I haven’t received the requested information, in addition, you still haven’t provided me with the information requested below.If both Capital One and Lowell Group cannot provide the necessary documentation as requested below and continue to ignore and/or disregard claims that debts have been settled or are disputed and continuing to make unjustified demands for payment and thus causing me physical/psychological harassment, then I will report your actions to the necessary regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP.As a reminder, I require you to supply the following documentation before I will correspond further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account.. 2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.Should you refuse to comply, you must within 21 days of the initial request to stop processing my details or provide me with a detailed breakdown of your reasoning behind continuing to process my data.It is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Yours Faithfully,

[Revenant]

I've just had another read of todays update at Post 7

 

Cap1 and Lowell are contradicting themselves so I wouldn't bother with such a detailed reply

 

Just put the matter in dispute and state the basic facts as they have been presented to you . .

 

You do not acknowledge the alleged debt

You dispute the alleged payment and demand absolute proof

As Cap1 have admitted in writing that they have no record of any account with your name you find Lowells claims to be bordering on deceptive/harassing

Your SAR request still needs to be fulfilled

Leave me alone until they have proper proof

Complaints are going in the post accordingly

 

No need for any great legalese just yet, this will let them know that you won't be pushed around and make them do a bit more work

 

R

 

ps . . Lowell are none too bright as a couple of weeks ago they set BCW on to me for a Stat Barred debt but never bothered to tell BCW

Edited June 9, 2011 by Revenant

[Willowy]

Thanks again R, I will amend the letter then and make it basic, see what they come up with next....thank you soooo much.

[Revenant]

Thanks again R, I will amend the letter then and make it basic, see what they come up with next....thank you soooo much.

 

You're welcome Willowy

 

The important thing is you're starting to take control and they won't like that

 

Save your ammo for later

 

R

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.