Lowell/Carter Claimform - Cap1 card 2004 **CLAIM DISCONTINUED**

[FedUp2TheMax]

Dear Caggers

 

Thank you for this awesome site and your words of wisdom.

 

I finally got around to taking the advice in it and requested my credit agreement from Lowell

who have been ringing my house non-stop in the past several months.

 

I had been in a payment plan £5 or £10 a month

(well 2 x £5.00 a month both to Lowell

but assume I was paying this debt with one of those payments,

goodness knows what with the other) with them from the last time they were hounding me,

 

after reading so much advice on here,

 

I made the decision to stop paying blindly and deal with the matter at hand.

 

The letter requesting the credit agreement was signed for on 23rd June.

 

I received a few letters in the interim to say they were trying to get the agreement from Capital One.

 

On 19th July I received the attached (just have to learn how to attach now as this is my first post, major newbie)..

 

. From reading other threads, it would seem that this very likely is not enforceable

but obviously I'm still very worried and stressed about it.

 

Would really appreciate your expert opinions...

 

the main terms and conditions were attached at the back in A4 with no signature on them.

 

Don't recall ever seeing them in the post.

 

Please let me know if you need any further information.

 

Thanks a million,

 

Mrs FedUp xx

Edited July 21, 2014 by FedUp2TheMax
attachment is rubbish, redoing

[FedUp2TheMax]

Wow thank you to whoever did that!!

[dx100uk]

me

 

when did you take this out

 

the date is not too clear.

 

I take it this is not now on your cra file too?

 

have you the statements?

 

dx

[FedUp2TheMax]

I do have them, 2004. I have attached them, they make no sense to me. No it's not on my file. I have no defaults on my file thankfully.Many thanks for your time.

[FedUp2TheMax]

Do the statements help at all dx? Thanks

[Old Cogger]

seen before they will only give proper info back 6 years?? others may verify if correct!

[FedUp2TheMax]

There's 8 years I think (2004 - 2012). Just wondering what my next steps should be? Thanks

[dx100uk]

when did you start paying lowlife via the DMP?

 

you need to send an sar to cap1

 

dx

[The GodMother]

Dear Caggers

 

Thank you for this awesome site and your words of wisdom.

 

I finally got around to taking the advice in it and requested my credit agreement from Lowell

who have been ringing my house non-stop in the past several months.

 

I had been in a payment plan £5 or £10 a month

(well 2 x £5.00 a month both to Lowell

but assume I was paying this debt with one of those payments,

goodness knows what with the other) with them from the last time they were hounding me,

 

after reading so much advice on here,

 

I made the decision to stop paying blindly and deal with the matter at hand.

 

The letter requesting the credit agreement was signed for on 23rd June.

 

I received a few letters in the interim to say they were trying to get the agreement from Capital One.

 

On 19th July I received the attached (just have to learn how to attach now as this is my first post, major newbie)..

 

. From reading other threads, it would seem that this very likely is not enforceable

but obviously I'm still very worried and stressed about it.

 

Would really appreciate your expert opinions...

 

the main terms and conditions were attached at the back in A4 with no signature on them.

 

Don't recall ever seeing them in the post.

 

Please let me know if you need any further information.

 

Thanks a million,

 

Mrs FedUp xx

 

Seen that Short application form form more than once before.

 

 

they use to spam us with them every month.

 

 

Even got a copy of one filled out for both my partner and l.

 

 

His got refused mine did not.

 

 

Its unenforcable and l would tell Lowells once C1 have fully furnished your SAR request,

which may take a LOT of time, then IF the account is enforcable you will discuss with C1 over payments.

[FedUp2TheMax]

I saw on another thread that someone contested the validity of this application form/"credit agreement"

and Lowell wrote back closing the account.

 

Can I not just do that?

 

Or is the SAR request an absolute must?

 

Weirdly the application form is in my Husband's writing but the signature is mine.

 

The Lowell arrangement was a direct debit and I think it has been coming out of my account for about 5 or 6 years.

 

Wish I hadn't been scared into setting up a direct debit and knew about this website sooner

[mikeymack2002]

I know this may seem strange but the dates on the application do not match, 2 different dates

 

The offer expires on 09/04/2004 the application appears to show a different date can you confirm please?

 

Also some of it is printed and some of it is hand written.

 

Also your title is wrong on 2 counts part of which is visible on your uploads

 

The date appears to have been altered in the section under your signature as other figures are visible underneath it

 

Obviously you have covered your signature have you checked whether this is similar to any you may have used on ANY letters to a DCA?

 

Is this a reconstituted agreement by any chance?

 

 

Also there are no amendment's to the T&C's included as there were a few within that time period

[mikeymack2002]

Also have you still got any of the old credit cards to check against.

 

When was your last payment in regards to this debt?

 

 

Also who OWNS this debt please

[FedUp2TheMax]

I don't have any old credit cards, the debt is owned by Lowell and

 

the reason the date looks funny is it is written over DD/MM/YY but I can't explain why the date is so different from the application closing date.

 

I don't believe I have ever signed any letters to these people,

 

it doesn't look reconstituted to me but I'm not really an expert.

 

I understand the copies I scan through aren't amazing so it's hard for you guys to really tell either.

 

I only stopped making payments to Lowell in Feb this year

[mikeymack2002]

Its now time to SAR Cap1 this goes to Cap1 not Lowell a £10.00 fee they will have 40 days to reply with all of the documents then go through them and reclaim any fees and charges check for PPI. Send RD or get proof of postage .

 

 

I always lay the postal order at the bottom of the letter then take a photo of it and the send it RD

 

 

I always then photo the receipts the receipts and the same for the RD receipt I wait till they have signed for it then take a screen shot of it then add it all to a word document and send it to myself via email, this is what I do and has proved to be a Godsend

[FedUp2TheMax]

Ok thank you, I will look into what a SAR is and get started on that. Thanks very much.

[mikeymack2002]

A SAR template is in the library. It gives your creditor a set period of time to produce all documents relating to Cap1 including stamens letters basically everything. ... all this for a £10-00 fee and a wait of 40 days...This will be 40 calendar days Btw hope this helps you understand

[The GodMother]

Just because they are ment to give u it in 40 days does not mean u will get it.

[mikeymack2002]

Just because they are ment to give u it in 40 days does not mean u will get it.

 

 

If they don't, don't pay them simples

[renegadeimp]

If they wont supply it then you take them to court to force them to supply it and claim costs in the process. DCA's are reluctant to give info out, but the OC's will give it if they still have it.

[The GodMother]

I only say it might take a while as l am still waiting for docs several yrs on from my reguest they have not been paid and settled out of court.

 

All statments are missing and the details where they got a phone number that was not mine but a neighbours.

 

Still waiting for C1 years after last payment and settlement spent. Just a heads up tho so ur aware some companys are slow

[BRIGADIER2JCS]

I only say it might take a while as l am still waiting for docs several yrs on from my reguest they have not been paid and settled out of court.

 

All statments are missing and the details where they got a phone number that was not mine but a neighbours.

 

Still waiting for C1 years after last payment and settlement spent. Just a heads up tho so ur aware some companys are slow

 

 

Slow maybe, but to wait "several years" for SAR data is ridiculous as renegadeimp has said keep on to the company concern anf if necessary take court action to obtain the data.

[The GodMother]

I have taken them to court

 

they originaly claimed l was asking for more info but l sent the standard request.

 

About 10 days before the case they partly agreed to my demands as

 

they closed the acount with a zero balance

 

marked my file as settled and

 

l got £200 as other expenses as in postage etc.

 

Blew that on a treat for kids and a nite out for partner and l that we all needed.

 

Other things were also brought

[FedUp2TheMax]

Hi - I didn't do the SAR in the end.

 

 

The agreement they sent me was such a hash,

a short application form with different people's writing on it,

wrong dates etc

that I figured they wouldn't follow up on it.

 

 

I now have a letter of claim from Bryan Carter Solicitors threatening court action unless I pay in full by 12th January.

 

 

Obviously I immediately prepared a SAR letter for Capital One but just wanted to check

- have I left it too late to send?

 

 

I was going to CC in to the letter Lowell and Bryan Carter so they can pause their actions while I wait for SAR reply from Cap1

- is this the right course of action?

 

 

If anyone could advise,

 

 

I would be most appreciative.

 

 

Many thanks.

[dx100uk]

I would not be inviting letter tennis with farter or lowlife.

 

 

scan up the carter letter please

 

 

dx

[FedUp2TheMax]

Thanks dx. I will have to scan when I am back at work on Monday. Speak to you then.