I need help with credit card debt

[thompa23]

Hi this is my first time on the forum, I am having problems with Lowell who are trying to recover £889 debt on a capitol one card, This debt goes back 6 years and most of the charges is for late payments etc which amounts to £514.00 which leaves the bebt at £375, Is this legal / lawful , Do I have to pay ?

Thanks

thompa23

[havinastella]

Hi and welcome to CAG.

 

I have moved your thread to the correct forum.

[Bazooka Boo]

This is going to feel sooooo good sending lowlifes packing.

 

When did you take out the cr@p one card?

Have you a statement showing exactly what charges have been applied to this account?

 

Did cr@pone inform you they were passing this onto Lowlifes, and did Lowlifes send you a letter saying they were going to 'try' and force you to pay?

 

Check your credit file and see exactly whats on their.

 

What was the last letter lowlifes sent you?

[thompa23]

Hi , And thanks for your swift reply, Can`t really remember when I took out the card think it was about 2003 ( my life was a bit of a mess back then )Yes I have a statement of sorts which Lowell requested & got from Capitol One, I also requested a statement from them but have not received one, They sent me a reply saying it would take approx 4 weeks which was about 7 weeks ago, I don`t recall them informing me they were passing it on to Lowell, Lowell said they would initiate court proceedings or send a debt collector to discuss payments, My credit file status for the debt shows D, And the record date 05/09/2011, Last contact from them was 22/05/2012 via E- Mail Saying they would except £ 40 per month, I am / was happy to pay this to clear the £375 but told them I am not paying any of the charges.They also offered me a " substantial discount " If I paid a one of payment of £705.27. Thanks

[ims21]

When was the last time you made a payment to the account or acknowledged it in writing?

[thompa23]

Hi , The last payment was on 06/03/2007, Last contact via E- Mail 22/05/2012 , Also I have recieved a reply today from Capitol One asking for £10.00 for a copy of my statement.

Thanks

[Dotty50]

Did you actually confirm in your email to them that you were happy to pay the £375.00?

 

£10.00 is the statutory fee for a SAR not for just one statement, don't get paying them anything for a statement!

[thompa23]

Hi Dotty50, What I actually told them was I would happilly pay what I owe, But was not prepared to pay any of the charges, At that time I did not know what the charges were, Obviously I know now and have told them I am only going to pay £375, I`m still waiting for a response from them.

Thanks.

[Lilythepink]

If its any help, I did a partial settlement in 2005 with Capital One themselves, not the debt collectors and it was marked on my cra, but it has since disappeared. But I noticed Lowells have done a recent credit search, which I thought nobody was allowed to do unless they had your permission. They can whistle for anything else....

[thompa23]

Hi, I did not give them permission to do a credit check.

[Dotty50]

The reason I asked, like ims21 in post 5 is that if you haven't acknowledged the debt in writing, you are close to it being statute barred, after which time they could not pursue you for the debt.

 

If I were you I would just wait for them to get back in touch and see what they say next.

 

If you want to try and get a short settlement agreed, be very wary of their tactics, they may agree, you pay it and then they will pass the remaining debt on to another DCA to chase you!

 

Which is what may be about to happen to Lilythepink in the previous post! I am pretty sure I have read on here that Lowells specialise in buying debts that are close to being statute barred and of course once they have any written acknowledgement from you, the clock re-starts.

[Lilythepink]

OMG, I hope they don't come after me. I can't take any more of this....... that was years ago, and I settled with them in 2005

THey can't default twice on an agreement, I still have all the paperwork......

[Dotty50]

OMG, I hope they don't come after me. I can't take any more of this....... that was years ago, and I settled with them in 2005

THey can't default twice on an agreement, I still have all the paperwork......

 

Sorry, I really didn't mean to worry you, but they do have a nasty habit of coming back!

 

Did you get written confirmation that they accepted your payment as full and final settlement and wouldn't sell the shortfall on?

 

But if you paid it in 2005, it will be or close to being statute barred.

[Lilythepink]

Welll they can't get blood out of a stone.....

[Bazooka Boo]

I would happily pay what I owe, But was not prepared to pay any of the charges

 

OK, if you want to pay anyone anything, then you ONLY pay the OC (cr@pone) DO NOT pay Lowlifes anything, it will only go into their pockets.

 

If cr@pone won't refund the charges then pay what you owe and stop paying.

 

Pay via standing order only.

[thompa23]

Hi & Thanks, But what would be the probable out come of that ?

[Bazooka Boo]

Hi & Thanks, But what would be the probable out come of that ?

 

Outcome of what?

Paying the OC and not the DCA?

 

The outcome of that would be you pay what you owe directly to the company who lent you the money.

[tertiary alcohol]

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