Lowell Portfolio - Capital One

[jogtrans]

Hi folks, relatively new here & this is my first post - not sure what direction to take.

 

Got a Cap1 card in 2008 and all went well for a while.

 

Late 2012/early 2013 my work took a downturn & money became very tight.

Got in touch with Cap1 & agreed reduced payments.

 

By mid 2013, I got a job offer,

wrote to Cap1 to tell them the good news and telling them that I was due to start work soon

(I had been keeping them up to date each month when I sent payment).

 

Cap1 responded by issuing a default - net result, job offer withdrawn (it was in the financial industry).

 

One thing led to another, next thing I started getting calls etc from Fredricksons.

 

Sent a CCA letter & advised that all communication must be in writing etc.

Case was bounced back to Cap1 & Fredericksons disappeared never to return.

 

I finally got a letter back from Cap1,

I had applied online & they sent me a print out of the agreement with my name typed in

where the signature should be.

 

They stated that they would not enter into further correspondence regarding copies etc

as they had complied with S78.

 

Everything then went quiet, no contact from anyone,

no indication of who I should pay, when or how much - nothing!!

 

The end of this week,

I have received the opening letter from Lowells Portfolio,

they have bought the debt (£4054) & I should contact them to arrange payment etc.

 

At this stage, my financial position still has not recovered,

I am working but on a zero hours basis and am receiving tax credits & housing benefits,

some of my priority bills are also still a little behind.

 

To date, I have not sent a SAR letter to either Cap1 or Lowell,

I'm not even sure if that is the way to go.

 

Has anyone got any suggestions how I can cut Lowells short before it gets too heavy,

 

I am not afraid of fighting and getting down and dirty if necessary

but I could do with concentrating on work at the moment as I have a chance of a regular full time position.

 

Any suggestions would be appreciated.

[dx100uk]

yep post apr 2007 online applications are ok re recon CCA return.

 

i'd get that SAR moving

 

you could? have PPI and charges?

 

not many I bet wont be £4k

but it might help.

 

if cap1 have sold it mind

it makes me wonder why.

 

dx

[jogtrans]

Thanks for the reply, I know that I definitely did not have PPI so no joy there, but there probably will be some charges.

 

I'll fire the SAR off tomorrow, see where that takes us - I've not had a statement for almost a year & no access to the online facilities since early 2013, might be interesting.

[dx100uk]

yep that's two of cap1's favourite tricks

 

stop online log-in

cancel paper statements.

 

we usually fin they are hiding something.

 

what paperwork have you got ...any?

[jogtrans]

Got most of the statements and pretty much everything else - I'm one of life's hoarders!

 

No statements for the last 12 months (more or less) though.

[dx100uk]

good that's always nice to have some paperwork.

 

the sar comms/account log might throw something up.

 

but at the end of the day

lowells are in what appears to be a strong position

 

the cca was post apr 2007

they'll not be £E4k in reclaiming.

 

so it might be a case of offering a very low monthly payment.

 

trouble with that it will keep resetting the sb clock.

 

the default and thus the account will vanish after 6yrs

 

dx

[jogtrans]

Following on from my earlier post "Lowell Portfolio - Capital One" on 13 July,

 

rather than sending a SAR,

 

I thought that I would chance my arm and send a request for a copy of The Deed of Assignment

- I know what you may say (no right to see it, commercially sensitive etc)

but thought I would give it a go as the first shot.

 

Today I have received a reply from Lowell and it is not at all what I was expecting

- their answer "We also advise that we are unable to request for you a copy of the Deed of Assignment.

We do not hold this document, it is with Capital One instead."

 

I've looked through as many of the posts regarding the DOA as I can find,

where replies are received they appear to have been refusals,

I can not find anything similar to this reply.

 

If they do not have a copy of the DOA, what is their legal position and where do I go from here?

 

Comments welcome, thanks

[renegadeimp]

So lowell are admitting they dont own the debt?

[jogtrans]

No quite the opposite, they state that they purchased the account and are now the legal owners - hence I find their reply strange. Surely if they did purchase tha account they must have some documentation to prove this fact?

[renegadeimp]

Can't be the owner if they have no legal documentation of assignment.

[jogtrans]

That's what I thought, so where do I go now?

[AndyOrch]

Threads merged... please do not start separate threads for the same matter.

 

Regards

 

Andy

[dx100uk]

get that sar to cap1 done before your statements hit the shredder

 

dx

[BRIGADIER2JCS]

Following on from my earlier post "Lowell Portfolio - Capital One" on 13 July,

 

rather than sending a SAR,

 

I thought that I would chance my arm and send a request for a copy of The Deed of Assignment

- I know what you may say (no right to see it, commercially sensitive etc)

but thought I would give it a go as the first shot.

 

Today I have received a reply from Lowell and it is not at all what I was expecting

- their answer "We also advise that we are unable to request for you a copy of the Deed of Assignment.

We do not hold this document, it is with Capital One instead."

 

I've looked through as many of the posts regarding the DOA as I can find,

where replies are received they appear to have been refusals,

I can not find anything similar to this reply.

 

If they do not have a copy of the DOA, what is their legal position and where do I go from here?

 

Comments welcome, thanks

 

 

 

The simple fact is an NOA has been sent and that is all that is needed, personally I can't see Lowell chasing a debt they don't own, despite appearances it is a group that is mighty careful about the legal side of acquisitions.