my 1st cap one card

[bazaar]

Hi Mini

well if theyve been sold this, they should have a form

of assignment, but usually, you need to send off the bemused letter,

start your own thread with this, so we can follow whats going on.

They are just passing this around because they dont have the correct paperwork, but be careful and make sure they dont pull a fast one.

This looks like its going to be the norm now, where DCA's pass the parcel.

Youve got to nail them with the correct papertrail so you can claim for wasted costs

[MARTIN3030]

Have you heard anything further on this ?

[thekat1979]

They provided me with a date of last payment that put it within the six year timeframe.

 

I've since CA'd them and they have not been able to provide a copy of that so as soon as they were in default of that I sent them ANOTHER section 10 letterdue to the lack of CCA, and the timeframe for responding to that expired at the beginning of this week, but still haven't heard anything. I'm guessing a Letter Before Action for them perhaps?

[thekat1979]

Got a letter from Lowell's (dated 9th) saying that after liasing with Cap One, that my CCA is 'no longer available' due to the length of time since my account was opened.

 

They have said that they have closed the file 'at this time' and will stop collection activities unless in the future the CCA becomes availble.

 

They are STILL processing my data though and I have recently sent them a lette - about three weeks ago, telling them AGAIN that they must stop processing my data (sent them a section 10 notice then)...I'll write to them again and tell them they have 7 days to comply, then I'm going to initiate court proceedings.

[MARTIN3030]

Make sure that you serve the notice as per ICO guidance.

 

1.Address it to their data controller/compliance manager

 

2.You must allow reasonable time and give a date you expect them to cease processing. (14 days from reciept of letter I would suggest)

 

3.Give reasons as to why they should cease-if it includes damage distress or harm you should state why.

 

Theres new guidance on the issuing of a s10 notice together with a temp letter in the CAG library.

[havinastella]

Just a quick point, you say Lowells put a default on your credit rating in 2004 but they didn't own the debt until 2007.

 

More ammo to get them to remove it

 

 

Jogs

[thekat1979]

This is more of an update on previous posts, but to summarise:

 

Lowell were showing a default on my credit file that was for Capital One debt that they had no paperwork for at all.

 

After many letters asking them for 'proof' of the debt, they have been unable to provide any documentation, and I have a letter from them stating that they have as such closed the account, returning the balance to zero on their records and that I no longer have to pay them anything.

 

Got another letter from them stating that although they understand that they do not have an enforceable debt, they do believe that the default demonstrates how I conducted my account and therefore they are going to keep the default on my credit file.

 

What can I do about this? Is there a letter stating soething along the lines of 'you have no permission to process my data now remove it'.?

 

Thanks,

[thekat1979]

Just had a quick look on my Experian credit file and the default from Lowell is still there for the amount they said I oriingally owed.

 

They have to remove this, surely?

[cerberusalert]

Try; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[Conniff]

This is in the comments on the BBC watchdog site after their article about Lowells:

 

15. At 8:19pm on 26 Jan 2009, geriatrixbridge wrote:

It's quite likely that the information is held on computer by Lowell's and invoking the Data Protection Act Provisions would also be useful addition to the template viz "What does concern me is the information you have about me and what information you may have transmitted to any other party. This therefore is also a formal request under the Data Protection Act 1998 Chapter 29 part 2 Section 7 for all data you have about me and transmitted to others. I am also invoking Chapter 29 part 2 Section 10 with immediate effect. I also reserve the right to invoke Chapter 29 part 2 subsection 13 for the distress caused particularly if my credit worthiness has been adversely affected. If a fee is required for this information then send me your estimate, if I believe it to be excessive I shall pass the information on to the Data Protection Commissioner for his views on the whole matter".

 

http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

[thekat1979]

Hi, I haven't been here for a while, so please forgive me, I have got myself a bit lost in how things work.

 

I had a credit card with capital one, which had a limit of £400.

 

I got this card about three years ago.

 

In the past year, things have gone a bit awry, and I ended up with a late payment charge, which took me over my limit, and I was never quite able to recover from it.

 

They were hassling me for months over the phone.

 

I explained that I'm not very well and wanted to be written to and would not pass their security questions as I was worried abut talking over the phone.

 

I have a few mental health problems, so did not want to talk over the phone as I get very confused easily.

They kept refusing to write to me, which is what I was asking them to do, and they kep tputting on late payment charges and failed DD charges onto my account.

They went quiet about three months ago.

 

For better or worse, I did nothing about it once they stopped ringing.

 

I couldn't afford the full amount they were asking for, and they would t talk to me in writing .

 

I moved house a few months ago, and hadn't gotten round to telling C1 about it (i did intend to, but had a bad mental health patch due to the stress of the move).

 

I got a phone call about 6 weeks ago (about two weeks after I moved home) from a DCA

- Cabot I think (sorry, I can't remember what I've done with the letter as I am also registered blind and have no chance of finding things once they have gone out of memory ).

 

They demanded I pass their security questions, which I refused, and they said that i had to.

Normal bullying type behaviur.

I hung up on them, and then got a letter a few days later explaining that I could rest assured that they were who they said they were.

 

The thing is, that arrived at my new address, and wasn't forwarded from my old one.

I have NO idea how they have managed to get my new address.

 

I got a letter this morning from them..

.at the moment they are ringing 2-3 times a week even though I have told THEM I only want to communicate in writing.

 

They have said that they have checked my property and that at the moment there is no CCJ registered against me at that address

and that did I know that if I get a CCJ then I will have trouble getting credit, and that unless I pass their security checks they will issue proceedings against me (short and tall of it).

 

the amouunt they say I now owe is well over £600, and that is the amount that i have been defaulted on.

I got a letter about a week ago from Cabot stating that they had been sold the debt and that i should pay them.

I don't know what to do.

I can't afford to pay it.

 

I was JUST keeping things on an even keel with C1 until the late payment charge went on.

 

I have tried to make a start, I have sent Cabot a letter by recorded delivery today with a PO asking for the CCA for the debt.

 

I think that is the right first step. I hope it is.

 

Can anybody help?

 

I shall look for the letter and update this post if/when I do. I may have the DCA wrong, I know it began with a C.

 

I think the general board is the right place as I cannot find a C1 specific forumn, please move me to it if I have just missed it.

 

Thank you

[ims21]

Hi

 

I've moved your thread to the Debt Collection Forum where you will get better advice.

 

Late payment and over limit fees can be claimed back with interest and this will put a dent in the amount you owe.

 

You've done the right thing sending the CCA request.

 

Be useful to know who the DCA is though.

 

ims

[citizenB]

I think you need to write to them under the heading of an OFFICIAL COMPLAINT. You should set out your reasons for not wishing to communicate any other way than by letter.

 

That you never discuss your financial business over the telephone.

 

That keeping communication to writing ensures there are no misunderstandings or disputes over what was or wasnt said.

 

The fact that you have short term memory lapses (which links back to the previous reason)

 

On top of which, it is your legal right to communicate in a manner which is more convenient for you.

 

Your complaint should centre on the way in which you have been treated by the telephone bullies and their departure from OFT guidelines on debt collecting and is a further reason for your wishing to communicate in writing.

 

In respect of this complaint, you should send your letter by Recorded Delivery post.

 

HTH

[thekat1979]

Thank you. I have found the latest letter and scanned it in...it is CapQuest who have it.

[thekat1979]

That image hasn't uploaded as I wanted it to It is 4mb on my computer, it uploads that amount but then goes to 9kb...not sure why

[ims21]

You need to convert it to a PDF and upload the PDF

[thekat1979]

Hoping this works That was MUCH harder work than I thought it would be lol...surely there has to be an eaiser way than downloading a piece of software etc etc lol

Full page photo.pdf

[citizenB]

If you need to post a document again. Follow the instructions by dx100uk, below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

Right, you have sent Cabot a CCA request, enclosing a postal order/cheque for £1.00. Did you send it by recorded delivery post ? If so, have you checked on the Royal Mail website that it has been received.

The letter above is a typical first contact letter. Had you ever received a letter advising that they were the new owners of the account ?

[thekat1979]

Hi, I received the below response today. What do I do now? Thank you

Image (3).pdf

[Jam_Buttie]

That's probably the letter I'll be getting soon from CrapQuest as I too have sent them £1.00 which was sent recorded.

 

So I'd also like to know what to write back to them...

[ims21]

Capquest have a) declined to provide a copy of the agreement and b) told you that they don't own the debt.

 

If it were me I'd forget them, drop them from the loop and deal with Cap1

 

Capquest cannot issue proceedings of any kind as they are not the creditor.

 

Start to look at reclaiming your late payment and/or overlimit fees

 

ims

[thekat1979]

Thank you. Capital one are still sending me e-mails telling me my e-statement is available! Can't log in though as they say my account is disrupted.

[thekat1979]

Would my starting point with Cap1 be to SAR then? I cannot access my account online, and don't know my account details, and have moved address since they last spoke to me about anything so not sure how I will get information from them when I'm not using an address they know, and not knowing any of the account info I'm not sure where to start. CapQuest have my new address info and are merrily sending letter to my new address but I'm in the dark as to how they got my new address.

 

Thank you

[ims21]

Send Cap1 a SAR and give them the addresses you have been living at while the account was running.

 

Do the e-mails from Cap1 not mention an account number or reference?

 

Does the correspondence from Capquest not mention an account number or reference?

 

ims

[thekat1979]

I intend to try and claim back charges for mmy Cap1 CC - it is with - apparently an in house - DCA in CapQuest - or at least CapQuest are claiming they are in-house.

 

Anyway, my issues I need quick answers too are:

 

1. Can I use a cheque written by my partner to pay the £10 fee? I don't want them to have a copy of my signautre

2. (This may have an impact on the answer to 1) I have recently moved house. CapQuest have been writing to me at my new address (I didn't give it to them) but the last contact I had with Cap1 was at my old address. Couple this with the fact that I don't remember my CC number or account number (I destroyed the card a year ago) will this make the SAR a tad more difficult as they may argue that I am not who I say I am and not send me the information.

 

So in essence, I shall be writing to them with a different address to what they have on record, to ask them for all info they hold on me, but without being able to provide them with any more info than my name and DOB. How is it best to approach this?

 

Thanks