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    • Hi, There is quite a lot regarding my current issues, I shall try be as clear and concise as possible. Dec 2008 - unemployed, applied for £250 credit card from Capital One. Jan 2009 - accepted for £1000. Credit card maxed in a matter of days mainly on gambling and drugs. Called after 5 months activation to remind them I was unemployed and the card was unaffordable. Some sort of payment plan arranged which was rarely upheld by myself, sporadic minimal payments. 2010 - credit limit raised to £1600 without my request. Again all spent on gambling and drugs. Vast proportion of spends on statement show gambling sites. Repayments often withdrawals direct from said gambling sites. 2013 - Mother pays off £1400, notes state student, zero income, unaffordable, mother cut up card. Me and my mother ask for account to be closed but this does not show in notes. Called back once to query any PPI. 8 months later promotional material sent to my door advising account has been upgraded, cashback offer, etc. I ticked the box and sent the form back. Requested new 'lost' card. Again spent completely on gambling £1600+. Many payday loans taken out to try pay back. StepChange charity seeked by myself and was paying them back. Had to cancel this repayment plan as I was again unemployed and it was unaffordable. Debt being chased by Apex. Debt returned to Capital One, they send a letter advising it is with them unless notified otherwise. 2016 - Debt sold to Cabot without notification. Apparently Cabot sent a Capital One headed letter through a third party printing company, which was not received. Oct 2016 - Dispute letter sent to Cabot. 2018 - CCJ issued. Call Capital One to request my application form as I was sure I was unemployed and thought I may need evidence for Court. Incorrect documents sent 7 times, speak to manager who suggests sending SAR and raised a complaint for me. Can't believe contents of SAR, various other complaints raised, investigated and rejected by Capital One. Clear written permission to take to Financial Ombudsman. March 2019 - Court, threatened with prison or full in AoE form. Form filled in. £50 a month taken from wages by Morgan Clarke. Disputes raised with Cabot, AoE eventually suspended. Query dispute letter with no response for over 2 years, CCJ is now offered to be removed but they intend to keep the AoE money and offer me minimal compensation. Now major issues with FOS. As some of the complaints relate to over 6 years ago, state they will not investigate, although Capital One have given consent for this, FOs believe this is not consent but a referral. Account balance stands at £1700+ although the value of account minus interest and other (some now illegal) charges, I work out £4.31. No fixed address, they have my mother's where I do stay sometimes, mainly stay at friends, sofa surf, etc. Lots more issues and lots of evidence. Don't know where to turn.  
    • Is there an angle regarding the Consumer Rights Act 2015 ("CRA")? Assuming it might be unfair for Royal Mail to hide behind not entering into a contract for the purpose of limiting their liability.   From 1 October 2015, the CRA covers all aspects of unfair terms in business-to-consumer contracts which had previously been covered by UCTA and the Unfair Terms in Consumer Contracts Regulations 1999.  It deals with implied terms in relation to the quality of goods and services, including digital content, and regulates attempts on the part of a trader to exclude its liability for breach.  The CRA also introduced a "fairness" test.  Any term which causes "a significant imbalance" in the parties' respective positions, to the detriment of the consumer and in a way which is contrary to the requirement of good faith, will be regarded as "unfair".   A term that is "unfair" is not binding on the consumer, and the consumer can treat it as struck out of the contract. The remainder of the contract will stand if it is capable of doing so according to the usual principles of severability.
    • scan or keep everything they have  6yrs. do not move without informing them.    
    • Just an update.. Final Payment was due 19.11.2019. Its now 18 days since then and no letters or mails. Not sure if they have given up or are spending time thinking on other ways to threaten... Thanks for following this and I hope it helps anyone else facing the same issues..   Rgds Tom
    • I did notice it wasn’t from the actual Solictors who sent the pap form
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Tim-S

Co-op Current account/Personal Loan merged upon default.

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Ive decided to nip this is the bud before it spirals out of control.

 

Lowells wrote to me...again today (the usual junk).

 

Ive been looking at similar threads but can't find anything.

 

When my account was defaulted back in 2009,

i had a loan with them,

they plonked the personal loan into the current account and piled it all together, totalling around £4300.

 

The account number Lowells have supplied corresponds to my old current account.

 

I'd like to know how exactly it added up to that much.

 

I have read that i can't send a CCA?

 

I sent off for a SAR a about 6 weeks ago,

i received a response about 2 weeks later that they couldn't find anything within 6 years.

 

They needed account numbers, previous addresses and needed me to sign the SAR,

i have done so and returned it to them today recorded delivery.

 

I'd like to get Lowells dealt with before they even pick up momentum.

 

Thanks :-)

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You can send a CCA to Lowell as there was a Loan involved.

Coop in theory shouldnt have merged the 2 accounts but they have.

 

Raise a complaint with Lowell if you are unhappy as I would imagine they now OWN the debt.

Check your credit file and see what appears on it.


**Fko-Filee**

Receptaculum Ignis

 

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You can send a CCA to Lowell as there was a Loan involved.

Coop in theory shouldnt have merged the 2 accounts but they have.

 

Raise a complaint with Lowell if you are unhappy as I would imagine they now OWN the debt.

Check your credit file and see what appears on it.

Didn't think of that. It says current account on Noddle.

In theory, if it owes that much on a current account would that be overdrawn?

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The letters I received (2 of for 2 different debts with them, both identically worded).

 

We want to help you clear your account.

 

We know it can be hard managing your finances and we are willing to be flexible with you. However we do need to hear from you so that we can set up an arrangement and prevent any further action taking place.

 

This debt is not going to go away and ignoring the problem could make things worse for you. We have said in previous we require payment in full or if you cannot shots to pay it off in one go you can pay monthly.

 

Pay from £1 per day.

 

On so on ....

 

Bearing in mind the last 2 identical letters I received were from them 3 months ago saying they were escalating the accounts to their legal department (Hamptons).

 

 

I'm currently defending another account they via Bryan Carter, not sure if they know this? (Claim has been issued and I've refused their consent).

 

I've not bothered to contact any creditors in 3 years or more.

 

Do I issue them with CCA's just to shoot them down at range?

 

I racked up a lot of debt back in 2007 and lost track of anything. I want proof of what is what.

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Point out the merging of the accounts to Ms Sara de Tute Director of legal and compliance at the Lowell Group.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Point out the merging of the accounts to Ms Sara de Tute Director of legal and compliance at the Lowell Group.

I don't have any proof of this. I just vaguely remember this happening I think.

The account numbers are the same as my old current account, I know this because I still have my very first debit card.

 

I did consider sending the "prove it letter".

Wanted to seek advice off you guys before proceeding.

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Yes send the prove it letter, remember to refer to "the alleged debt" and do not acknowledge any liability, send to Ms de Tute.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes send the prove it letter, remember to refer to "the alleged debt" and do not acknowledge any liability, send to Ms de Tute.

I'll get that typed up later :-)

 

Regarding the other identical letter I received for an old credit card, would that call for a CCA or prove it?

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If you know what they are begging for, and it is a CC (pre2007) then you could send them a CCA request, using whatever reference/account number they have quoted.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It's much easier to collect against a current account debt than a personal loan, so I suspect that is why they decided to do that. Maybe the personal loan is unenforceable ...

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The merging of two entirely separate accounts, which fall under totally different parts of the CCA, and will have different T&C's is a definite no non.

The FCA would take a very dim view of this, and if they were ever dumb enough to con a judge into attempting to enforce this, then he wouldn't be too pleased either when it is pointed out to him.

 

I would just be demanding the CCA under whatever ref/account number they have quoted, and see how far they get with that.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The prove it letter went out today altered to suit me. Went 2nd class recorded.

Let's see where it goes.

My second SAR is in progress so I'll see where that ends up.

I'll be requesting the CCA I think once she replies.

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The prove it letter went out today altered to suit me. Went 2nd class recorded.

Let's see where it goes.

My second SAR is in progress so I'll see where that ends up.

I'll be requesting the CCA I think once she replies.

I think it's got lost?

 

Item ABCD1234 was posted at "your local store" on 15/04/14 and is being progressed through our network for delivery.

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I think it's got lost?

 

Item ABCD1234 was posted at "your local store" on 15/04/14 and is being progressed through our network for delivery.

A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.

 

In my experience, it's a euphemism for, "we think that we have lost it, but it could be that we delivered it, but couldn't be @rsed to get a signature, after all, you're only a customer, in truth we don't know, and don't care"

 

I have a pile of slips here, that have brought the same result

 

Sam


All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.

I took the address from this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?400441-Unknown-default-from-Three

 

Address:

 

Private & Confidential

For The Personal Attention of

Ms Sarah de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Suppose its had 6 working days.

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Another possible alternative:

 

What would happen if the loan was paid using the current account, leaving the current account overdrawn and the loan paid?

 

I'm going to give the letter til the end of the week, if no response of signs of delivery i'm just fire off a CCA request.

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This happened to me with a HSBC account.

 

I did a SAR but it wasn't particularly illuminating.

 

I can only assume that they used their right to set off the balance of the loan to the current account (effectively they paid the loan off).

 

I have yet to see case law or a good explanation of why this is a no-no (although I have seen a lot of opinions from some very well experienced and qualified people). I have been trying to find this information in a format that could be used in a defence to a claim.

 

In my case, the sum demanded from the DCA contained the whole of the balance of an account covered by the relevant sections of the CCA , so I requested a copy of the agreement and the notice of assignment so that I could confirm the sum demanded and their legal right to do so. They failed on both counts.

 

I disputed the "account". Unsurprisingly, they have not been able to resolve my dispute.

 

Another possible alternative:

 

What would happen if the loan was paid using the current account, leaving the current account overdrawn and the loan paid?

 

I'm going to give the letter til the end of the week, if no response of signs of delivery i'm just fire off a CCA request.

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I have yet to see case law or a good explanation of why this is a no-no (although I have seen a lot of opinions from some very well experienced and qualified people). I have been trying to find this information in a format that could be used in a defence to a claim.

 

So have I !

 

Pretty much it can be argued that, a Loan has it's own T&C's with it's own interest rate, whereas an Overdraft, will have a completely different set of T&C's and interest rate.

 

So to amalgamate them both together without your knowledge would leave you at a serious disadvantage, and this would be deemed unfair practices using BCOBS, or if a credit card has been lumped in with an overdraft it would be questionable under COBS.

 

Plus it goes without saying that if they have fabricated a new acco8unt number, then any request for the CCA using that Acct number will be impossible to provide, not only that you will be able to show that you a) didn't sign the agreement, b) Knew nothing of it until they merged two separate account and gave it a new Acct number.

 

The reason that there is no case Law regarding this, is simply because they have been caught out prior to issuing legal proceedings and their legal teams have advised that they should indeed separate the accounts and chase individually, this is especially important when they have merged accounts to bring the total balance above £750. (The BR threshold)

 

That's my opinion on it, well how I see it, hopefully I'm not too far from the truth?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well the account number in question relates to the old current account.

 

I'm awaiting the second shot at the SAR, and the first response from the SAR is that because so much time had passed, nothing was available.

 

Do i send a repeat "prove it" to Ms De Tute as i don't think the first will arrive, or just send a CCA request?

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CCA request.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No I would wait, let sleeping dogs lie.

 

The longer they take to respond simply shows just how 'urgent' and 'important' these issues really are.

 

Letter tennis is tedious and expensive.

 

As for SAR's 40 Calender days in which to comply, or it gets escalated to the ICO for investigation.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No I would wait, let sleeping dogs lie.

 

The longer they take to respond simply shows just how 'urgent' and 'important' these issues really are.

 

Letter tennis is tedious and expensive.

 

As for SAR's 40 Calender days in which to comply, or it gets escalated to the ICO for investigation.

*IF* the letter has actually been received. I want at least one letter on their desk.

At least if i send a CCA it has a countdown timer with it?

 

Opinion?

 

SAR #2 has been 14 days.

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So did get a response from the "prove it letter" today, and i send the CCA letter yesterday :lol:

 

Pretty generic letter, not even from MS De Tute, pffffft.

 

Thank you for taking the time to contact us recently.

 

I confirm that your complaint has now been passed to the customer relations department who will carry out a thorough investigation. We will investigate this as quickly as possible as we can but we may need to contact you for further information or to provide you with an update. (Oh really, you bought the "debt", and you hassle me, and yet you need me to provide you with info. You guys need to get things in order before you start these things)

 

If we can contact you by telephone, we will be able to discuss your concerns directly with you and hopefully agree a resolution with you verbally (yeah and thats as good as the paper its written on). This is the quickest and easiest way for us to resolve this for you.

 

I would like to assure you that the account will be place on hold, and we will stop all collections activity whilst dealing with your complaint.

 

We enclose a copy of our internal complaints procedure for your information. Please take your time to read this, as it explains fully the steps we will follow in responding to your complaint.

 

In the meantime, if you have any queries please do not hesitate to contact my team by calling the free.....yes free! telephone number which brings you directly through to the customer relations department.

 

Questions:

 

Will receiving the CCA letter this week affect this response?

 

And i have another "proof letter" winging its way to just Lowells P.O Box this week, i assume that i'll just get a repeat response of this?

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Tim... who is the complaints advisor here who is dealing with it?

Id give them a little chance here, I actually think Lowell's CR is reasonable for what Lowell are.

 

But also i agree that it should be kept in writing :), But like i said they did wonders for me :)


**Fko-Filee**

Receptaculum Ignis

 

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