Problems with Lowell/Capital One

[Gixerbeef]

Hi all... i'm currently having problems with Lowell regarding a Capital one account i opened in 2001 , they purchased the debt in 2006 and have been chasing me since , it got to a point last year i got so fed up i gave in to there constant phone calls and threatening letters and set up a DD with them , i know now that was pretty stupid without seeing proof and after coming across this site i have stopped payments and sent a CCA request then the follow up letter, a month or so has passed and they have now sent me what seems to be an Application Form for the credit card?? is this ok?? what do i do next?? thanks in advance

application capital one.pdf

[ims21]

Hi

 

Welcome to CAG.

 

With Cap1 I bet there's a lot of charges on there that you could claim back. Possibly ppi as well.

 

Do you have all of the statements for the account?

 

Claiming these would reduce the debt.

 

Can you tell us what your desired outcome is?

 

Regards

 

ims

[Gixerbeef]

hi... i don't have any statements what so ever i binned everything years ago, could this be statue barred or have i blown that by setting up a dd with them feb last year??

 

And also is the document they sent me an enforsable CCA ??

 

At present my financial situation is bleak so to get these cretins off my back would be a godsend!!

[ims21]

Hi

 

If a debt has not been acknowledged in writing or a payment made onthe account in 6 years (5 in Scotland) it is Stat Barred. By making payments the clock has reset sadly.

 

Lowlife buy these debts from Cap1 for peanuts....Cap1 would have written it off against tax a long time ago and so any money the dca (Lowlife) can get in is profit straight into their pockets.

 

I wouldn't rely on un-en paperwork. The reasons are discussed in another thread in the Debt Collection forum. Take a look here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...

 

What I would do is send a Subject Access Request to Cap 1. This will yield (amongst other things) a transaction history on the account which will reveal all the late payment fees and over limit fees applied to the account. It will also reveal whether ppi was applied to the account. There is a template for SAR in the CAG library, the link to which is at the top of every CAG page. There is a £10 statutory fee which should be paid by postal order.

 

The charges and ppi can be claimed back with interest.

 

The SAR should be sent recorded delivery and they will have 40 calendar days to reply.

 

In the meantime I would ignore Lowell. As this debt is more likely all charges, Lowlife won't go near a court with it.

 

Regards

 

ims

[Gixerbeef]

Thankyou for ya advice its much appreciated I will send an SAR then and see whats been added and then go on from there , i have about 6 debts with them so lots of letters to them me thinks ...lol

[ims21]

Hi

 

Sounds like you might be in a for a windfall then

 

Regards

 

ims

[Bazooka Boo]

If there was a period of 6 years where there was NO payment or acknowledgement before you set up the DD, then it will be SB.

[BRIGADIER2JCS]

That's certainly worth checking.

[Gixerbeef]

If there was a period of 6 years where there was NO payment or acknowledgement before you set up the DD, then it will be SB.

 

 

That is very interesting ... mmmmm .. i will see what the SAR produces as i have had nothing to do with any of my debts for at least 8 yrs !! and i have 8 accounts totaling 15k !! ill health was the main factor behind my debts and i moved house 3 times so they was unable to contact me until i applied for credit jan last year.

 

Thankyou for your help this is going to be an interesting journey ...lol

[Bazooka Boo]

your not currently paying them anything are you?

[Gixerbeef]

i only set up DD with 5 DCA's since feb 2010 but i've cancelled all payments and sent CCA requests , the first to reply was Lowell with the document i posted above, is that an enforsable CCA?? there was no other paperwork just that which looks like an application form??

[ims21]

i only set up DD with 5 DCA's since feb 2010 but i've cancelled all payments and sent CCA requests , the first to reply was Lowell with the document i posted above, is that an enforsable CCA?? there was no other paperwork just that which looks like an application form??

 

Hi

 

See post #4 above and read the link I gave you. I would not be relying on un-en paperwork for the reasons given there.

 

Regards

 

ims