Lowells /Red Cap1 Credit Card Debt

[norman13]

Hi all

i've been getting letters regularly from Lowell regarding a capital one credit card debt (for approx. £240)

 

 

i've ignored all letters from Lowell

 

 

,i now recieved a letter ,with a somewhat hostile tone from "RED debt collection services" who claim to be

"the debt collection division of Lowell Financial Ltd"

 

It states my "account" is overdue and i should pay now .

(I have never had an account with Lowell or this division of lowell)

 

 

The main bulk of letter is contained in this;

 

"Dear Mr Norman

We specialise in assessing accounts for litigation and will be obtaining a copy of your credit file in order to review your financial circumstances

and the information within it will help us determine the best way to recover what you owe."

 

"If you do not repay what you owe you could risk legal action being taken .

 

We may decide to apply to the county court for a Judgement (CCJ).

 

If we are succesful in obtaining a CCJ and you still do not repay,

depending on the amount you owe and your circumstances ,

we could then apply to secure the debt against your property,

or to deduct the amount directly from your earnings.

 

Alternatively,we may ask a court for a baliff to remove goods from your house to the value of the debt"

 

(They're barking up wrong tree ,i live in rented accomodation i'm unemployed and own nothing to take.)

 

I haven't been able to get the funds together yet to request sars from my original creditors

,so who do i send a cca request to here please?

 

Lowell or do i just respond to this letter direct from Red?

 

Thanks

Norman

 

ps; i have wondered if i should apply for a dro as my situation isn't improving ,but i don't want to waste £90 if all the creditors aren't going agree to it.

[norman13]

Can you send cca requests for credit cards or is it just bank loans ?

Who would i send it to ,lowell or red can anyone tell me please?

thanks

Norman

[norman13]

Isent a cca request to Lowell and received a photocopy of alledged credit agreement ,but no statement of the account.

 

is this suffice as a response to start paying them?

 

 

Or do i send them a failure to comply letter?

 

any advice appreciated

 

Norman

[AllanLyn]

I got letters from them for three years.

.. they never supply full information about anything ...

the next letter you will get is from the in house solicitor

... just ignore that one as well.

 

 

the letters might start from the beginning again or they might send it back and another company will start.

... remember ...

NEVER talk to them on the phone. short answer ..

 

 

... pay them nothing.

[norman13]

thanks AllanLyn

i dont think i can pay them anyway with my situation is not getting any better.

 

It's a bit annoying that a company i've never dealt with before can send threatening letters

or demands without giving a full statement of the alleged account or debt.

[ims21]

Hi Norman

 

Lowell, Red, Hamptons....all the same company.

 

Seems like Lowell have bought your debt from Cap1 so they are in a position to chase you for the money owed.

 

The response to your CCA request should have included a copy of the agreement or a reconstituted true copy, the t&Cs at inception and any changes and a statement of account. That statement only has to be one figure of the amount due.

 

Do you have any statements of account from the days when it was with Cap1?

 

When was the last time you paid anything towards this account or acknowledged it in writing?

 

You mention a DRO....is this not your only debt?

[norman13]

Hi ims21

no i have another thread on here too re wescot natwest.

 

they have,

i think sent pretty much that documentation that you mention.

 

not had a capital one statement for years even though i asked .

 

I paid them 5 a month(more than i could afford) up til about a year ago direct

but even though i asked they wouldn't send ut payment slips to enable me to pay it.

 

They tried referring it to another agency in scotland a year before that

but i refused to deal with them ,

had some guy shouting on phone at me.

 

To me it seems like they wanted to pass it on a

nd that's why they wouldn't send payment slips ,

maybe it was easier for them.

thanks

norman

[ims21]

Ok thanks...I'll check out your other thread in a mo.

 

You may well find that there are unlawful penalty charges on the account which could be claimed back but sadly the only way to get the statements from Cap1 is going to be by way of a SAR.

 

If you can manage to get the £10 together it might well be worth it since a charges reclaim together with the appropriate interest could make a significant dent in the debt and, in some case, wipe it out.

 

In the meantime I would not be worried by what Red have said, their letter is designed to intimidate and frighten you into making contact.

 

Can you remember when this account was taken out please?

[norman13]

thanks ims21

 

yes it was originally taken out in may 07.

 

a lot of it was charges that they kept piling on when i couldn't pay after losing my job.

 

i only had i think a 200 limit but by their bill and guessing how much i think i roughly paid off ,

looks like the start balance must have been around 350

 

Maybe i need to do the sar thing to this and my other debt asap.

 

thanks

Norman

[silverfox1961]

Hi Norman

 

I agree with ims. Getting a SAR from Cap1 is only the start. but once you put a claim for the charges, you should tell the Leeds Losers that and to pace the account on hold until such time the dispute is resolved.

 

As this account was taken out after April 07, they don't need to supply a signed agreement should it get to court.

 

Going back to CAP1, they are notoriously difficult to get charges off them and it is only when court papers arrive on their desk do they think differently.

I only included that to make you aware of Cap1s antics

[norman13]

Hi all

Latest correspondence with Lowells

 

a few days ago i received a letter from them saying they were ordering statements of my account so the account would be on hold for 30 days .

....then yesterday i received a letter with 18page statement telling me

 

"we write in respect to the above debt which as previously notified in writing we have purchased from Capital One

we are now entitled to receive payment of the balance from you and enclose a copy of statement as requested.

 

Neither capital one nor ourselves are aware of any reason for non-payment.

Please kindly make payment of the outstanding debt or contact us within 7 days to agree acceptable payment proposals ,

failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice

yours sincerely

James Crabtree customer service manager"

 

Looking at the statement

the start balance is totally different to what was agreed ,

 

 

their start balance is 30 pound more ,

the limit on the card was 200

so there's at least 150 in charges on there maybe more

...so according to them i've paid around 140 off it all.

 

There's also payment protection insurance of between 1.50 to 2.60 charged each month.

i wasn't told it was variable.

 

how should i proceed with this ,

as they're being threatening ?

 

 

Is there a standard letter to notify them the account is in dispute as i'm not happy with the balance

or the charges (and are the charges now deemed as unfair/illegal or something?)

 

As i said i tried to get statements previously from capital one and got nowhere

 

 

.Funny these clowns can get hold of one.

Any advice appreciated

Norman

[Bazooka Boo]

Are you still waiting for Cr@pone to send you the SAR?

 

If so, tell lowlifes that your not going to be doing anything until they have responded, then you will be reclaiming ALL fees/charges and PPI OFF Lowlifes, seeings as they own it!

[norman13]

thanks ,so i need to send a account in dispute notice then to Lowell as i'm unhappy at the quoted balance?

[fletch70]

Hi

I noticed you mentioned a DRO. The other creditors don't have to agree to this, it is lie a mini bankruptcy and lasts a year after which you will be free of debt. Only available on debts of 15K or less

[norman13]

Thanks Fletch it maybe a route i have to go down. (i thought it was 5k or less?)

 

With regard to this if lowell do own the debt

 

 

can i actually claim ppi and charges back from them?

 

 

Or do i have to do that direct from capital one

and send lowell notice that account is in dispute?

 

I'm a bit confused about it all now anyone with any clear advice please or pointers to a standard letter?

thanks

Norman

[fletch70]

I am not the man for reclaiming , know nothing really about that . I do know that you would have to reclaim from whoever put on the charges so I guess Cap1.

 

If you are on income based benefits with no assets you could offer them £1 a month, if you really think there is no prospect of employment there are other routes you could try. Non of them with any guarentee of sucess though

[Bazooka Boo]

OK, PPI and charges can be reclaimed from the OC, so Cr@pital One, in order to do that then you should submit a SAR with £10 enclosed (PO Stat Fee)

and they have 40 calender days in which to send you everything they have with your name on.

 

In the meantime, TELL Lowlifes that they should pass this mickey mouse account back to the OC as they have been conned, again!, and it is in serious dispute with the OC, failure to do so, WILL result in them being reported to the OFT&TS in order that they can be investigated with a serious complaint that they are fit to hold a licence.

[mikeymack2002]

Or maybe like in my case call them tell the Dca that you will offer a £50-00 f&f due to this account being in dispute for so long, you maybe lucky and get away with it.

 

 

MM

[norman13]

thanks guys

i dont really want topay them without trying to get charges etc. knocked off first .

does this read ok or not ?

 

"Lowell Ref:

 

Dear Sir/Madam

Account In Dispute

 

Thank you for your letter which i received on xx/xx/xx (dated xxst November 2013) the contents of which have been noted. I hereby give notice to yourselves that this account is currently in serious dispute with the original creditor (Capital One) and I would respectfully suggest that you return the account immediately to Capital One while this dispute is resolved.

 

I trust you will acknowledge this notice and cease any further action or collection activity while this dispute is resolved. Failure to do so will result in your company and any representatives of your company being reported to the relevant bodies including and not limited to, Trading Standards, Office of Fair Trading and Financial Ombudsman Service.

 

I hope this will not be necessary and an acceptable solution can eventually be accomplished. I would also appreciate your due diligence in this matter

 

yours faithfully

 

Norman "

[mikeymack2002]

Letter ok , but winding back a bit for a moment.....

 

 

Did you receive you default notice?

Did you get your NOA? notice of assignment?

 

 

has the DCA purchased your debt from crapone?

 

 

or are they acting as agents?

 

 

either way you need to know this.

 

 

MM

[norman13]

thanks mikeymack

not sure now ,

 

 

i moved address so crapital1 may have sent it to former address..

. Lowells claim to have purchased it in their correspondence .

..but also refer to "neither them or cap 1 knowing any reason for my non payment"

[mikeymack2002]

Standard fishing letter had one a while ago have you checked the credit file lately?

 

 

MM

[fletch70]

As far as i know lowell only ever purchase debt.

 

 

Personally i would not raise the points of NOA or DN just yet.

 

 

Last thing you need is for lowell to send it back to crap 1 and them issue a good DN

[mikeymack2002]

No they act on behalf as well

 

 

MM

[fletch70]

Hi

I will have to take your word on that as in my experience Lowell have always bought the debts. It seems that the OP has had his account sold to Lowlife