First Debt - Lowell - Capital One Credit Card

[mhartley]

I was told to create a thread for each of my debt to see the best cause of action, so here is the details for the first one:

 

Creditor - Capital One

Type of debt - Credit Card

DCA - Lowell + many other names they go under

Current balance on credit file - £300

Default balance on credit file - £340

Default date on credit file - 12/09/2008

 

I get a call from them every couple of days on both my mobile and home number which is used for business. Letters every so often and text messages.

 

Any idea on the best course of action for this?

 

Thanks.

[unclebulgaria67]

I was told to create a thread for each of my debt to see the best cause of action, so here is the details for the first one:

 

Creditor - Capital One

Type of debt - Credit Card

DCA - Lowell + many other names they go under

Current balance on credit file - £300

Default balance on credit file - £340

Default date on credit file - 12/09/2008

 

I get a call from them every couple of days on both my mobile and home number which is used for business. Letters every so often and text messages.

 

Any idea on the best course of action for this?

 

Thanks.

 

So if no payments since sometime in 2008, the debt will be statute barred in 2014. Might be worth sending a CCA req if not done so already.

[Desperate Daniella]

Hi mhartley,

 

Firstly, when did you take the credit card out?

 

I'm assuming you haven't asked them for a copy of the agreement yet?

 

With regard to the calls you can tell them that they must only contact you by telephone and that you will report them for harassment if they continue to do so.

 

I assume as you use the home phone for business you wouldn't be happy for the calls always to go to an answerphone where you could screen them first?

 

You can just delete the texts.

 

DD

[mhartley]

So if no payments since sometime in 2008, the debt will be statute barred in 2014. Might be worth sending a CCA req if not done so already.

 

I may have made a payment, I really don't know when, it's a long time ago.

 

CCA letter definitely the right thing to send? Is there a template at all? New to all of this

 

Thanks.

 

Hi mhartley,

 

Firstly, when did you take the credit card out?

 

I'm assuming you haven't asked them for a copy of the agreement yet?

 

With regard to the calls you can tell them that they must only contact you by telephone and that you will report them for harassment if they continue to do so.

 

I assume as you use the home phone for business you wouldn't be happy for the calls always to go to an answerphone where you could screen them first?

 

You can just delete the texts.

 

DD

 

Back in 2007 I think. It really is a long time ago to remember sadly. Call don't bother me much, as they are mainly recorded but can be a bit annoying.

[unclebulgaria67]

Yes you send this letter linked to, with a £1 postal order as the statutory fee due. Send to the DCA currently dealing and get proof of posting slip from the post office.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

[Desperate Daniella]

There will be a template letter in the Library section. Click on the link at the top of the page.

 

That's the first thing to do, and then see what they send.

[mhartley]

Ok, so it says to delete a part of it, i'm guessing that is the immediate paragraph so my letter looks like this:

 

Dear Sir/Madam

 

Re:− Reference Number XXXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Look right?

[unclebulgaria67]

Yes

[mhartley]

Printed, and will be sending today via RMRD.

[dx100uk]

no just proof of posting 2nd class

 

dx

[mhartley]

Too late, already sent but will remember for next time

[mikeymack2002]

It is always best to send in your letters each time by RM RD so if it goes to court or further action you have a paper trail, also they can not say they didn't receive it it's worth it in the long run, Don't pay a DCA always the OC why line their pockets?

[citizenB]

It is always best to send in your letters each time by RM RD so if it goes to court or further action you have a paper trail, also they can not say they didn't receive it it's worth it in the long run, Don't pay a DCA always the OC why line their pockets?

 

 

Courts will accept proof of posting by way of the Free proof of posting receipts that can be obtained from the Post office .

[Desperate Daniella]

And it saves you some pennies!

 

Mikeymack is absolutely right. Pay the original creditor and not the DCA, regardless of whether or not they tell you they are "now handling your account". OC's will not be sending the money back.

[mhartley]

No response as of yet, what is the time limit for a CCA? If they don't respond, what is the next course of action?

 

Thanks.

[dx100uk]

12+2 working days

 

if they fail

post this off to them

stop paying

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

dx

[mhartley]

Thanks DX.

 

Am i allowed to request the default be removed from my credit file?

[mikeymack2002]

If you clear the arrears before the end of the time then they will take it off

[dx100uk]

well not really

 

if you cant wait till 6yrs from the defaulted date

when the account will vanish...

 

you'll have to sar cap1 and get all the statements

 

if you can PROVE that the default was SOLELY due to THEIR penalty charges

 

and you reclaim them

 

you might stand a chance on getting it removed early.

 

dx

[BRIGADIER2JCS]

dx is correct 'A default must be remedied with in the time scale set out in the original default notice', usually 14 days.

Paying the arrears after this time WILL NOT remove the default, it will remain on file for the 6 year period.

 

Failure to comply with the CCA Request means only that a judgement cannot be enforced in court, the debt remains payable and reporting on credit files can continue.

[mikeymack2002]

I guess I was lucky then Vanquis removed mine when asked

[BRIGADIER2JCS]

I guess I was lucky then Vanquis removed mine when asked

 

A creditor can remove an entry if it decides an entry is wrong.

[mhartley]

Letter back (not recorded) stating that they have requested a copy of my credit agreement and have asked the original lender for a copy and will reply as soon as they can. It says they will do their best to send me the information within 12 working days but this depends on when the original lender can send it.

 

Does this sound about right?

 

Thanks. .

[BRIGADIER2JCS]

Standard response.

[dx100uk]

std crap

 

does NOT change YOUR 12+2 deadline

 

once gone

send them the failure to comply letter stop payments.

 

dx