Capital one, defaults and Lowell

[vicakers]

Hello,

 

I would just like to know your opinions on this 'CCA' Capital One have sent me. I have arranged a token payment every month until I gain employment. Would just be useful to know just in case!

 

[Red1983]

HI there,

There are a lot of people on here dealing with Crap One,

this is not an enforceable agreement,

however it does satisfy the request for a CCA agreement under the CCA 1974 S78-79,

but im sure there will be plenty of people along soon to help and give you the full advice that you need.

 

Oh, and Elli is a figment of Crap Ones imagination! LOL

 

I will try and find some links for you and post them up, but like I said,

 

Im sure someone with a lot more knowledge than me will be along soon.

 

Red

xxxx

[vicakers]

I have now come to the end of my token payment agreement with Cap One. They are now asking me for a huge lump which I cannot afford. Does anyone have any advice on how to proceed. Even with the agreement they have been logging failure to pay records on my credit report....Thanks!

[kstaplet]

hi there,

any idea when the account is from? I haven't seen a single enforcable agreement posted on here from cap1 up till about '05 (although i could be wrong) - i requested a CCA from these clowns in Dec 08 and received a sparse looking Application Form, and have not paid them a penny on the alleged debt since then, its now with CSL who will shortly be seen off....

If you push them, they will send something that may look like a CCA (to them) - but this is the dros i had from them at first as well (see here)

[vicakers]

The account is from November 2004. Do you think I should just ignore them now? Kind of worried they will register defaults on my account..

[debt4get]

they will register defaults anyway if you pay or not... the cca supplied although it does satisfy request is not enforceable..personally Id pay em sod all

[vicakers]

Ok debt4get thanks for the advice. I will let you know if there are any developments.

[vicakers]

So it seems my request for 'CCA' was satisfied, but it is not enforceable? Can I use this as leverage to negotiate monthly payments that suit me and not them (they are demanding £450)? If so which letter should I send them?

[debt4get]

you pay them what you can afford if its a £1 a week so be it

[vicakers]

CapOne have ignored my letter telling them that they have failed to provide my CCA. They have also ignored my letter offering to pay £5 (or whatever I can afford) a month. Instead they have sold the debt to Frederickson International. Do you have any advice on my next step? Frederickson are nasty pieces of work....

Thanks

[debt4get]

send bemused letter to fredricksons, I am assuming of course you have heard from them...this is a typical ploy by crapone

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[vicakers]

Thanks for the template letter. I sent that off and received this...

 

 

Interestingly you will note that this is different to the CCA they 'provided' me back in April (see first post above). So am I right in thinking that either I have two CCA or they lied?!?!?

 

Whilst I was waiting for the above I was hit with the following default notices. I remember reading somewhere that these defaults were dodgy as they specify '28 days' instead of an actual date?:

.

 

I would really appreciate any thoughts!!!

Best,

V

[vicakers]

I would appreciate anyones thoughts on this situation! thanks

[willtheywontthey]

capital One will defaul you - your credit record will go up the creek. This is only a problem if you a. care and b. need to borrow money in next 6 years or c. get a settee, mobile phone etc etc. It will cause problems and they know this - they hope for this.

 

Had the same more than a year ago. Got now 2 separate ccas. Silly sods. I have SARd them twice and will keep saring them for fun every now and then.

 

They have passed the account to 2 DCAs so far and both returned back to them. It helps if you can remind DCA that your account is in dispute, you have ongoing complaint with FOS (eg phone calls, charges, etc) or complaint with ICO (non compliance with SAR) - this shows DCA that you do not tolerate being messed about. It helps me also that I can quote FOS finding about Capital One's refusal to cease phoning me as being 'unreasonable'

 

Capital One do not give up. They are determined but their CCAs are like used toilet paper. Don't worry about it is first lesson of day. Since I've stopped payments I hardly get one letter every 2 months. When I used to pay albeit short of min. reqd or late I'd get about 5 letters a week and several calls a day. Since FOS 'finding' no calls whatsoever but I also credit truecall with blocking the DCAs Capital One send my way.

[vicakers]

Hi

 

I was chased by capital one back in 2008 for a credit card debt that I was struggling to pay as I was unemployed.

 

After they defaulted me they stopped chasing and there was no acknowledgement of the debt until last week

(about 5 and a half years later) when

 

I received a letter from lowells saying the debt had been sold to them.

 

Grateful if you could advise on how I should proceed.

 

I will try to check my credit report as I am worried that Lowell will add/renew the default

which I am hoping will expire in the next few months on its 6 year anniversary.

 

Many thanks Vic

[BRIGADIER2JCS]

Hi,Vic

Lowell cannot add a "new default" it can only update the original creditors entry the default date Must remain the same.

 

 

Send Lowell a CCA request to see if any agreement exists, use the template from the CAG library, use a £1 postal order for the statutory fee, mark it "for statutory fee only" leave the payee blank.

 

 

All default entries on CRA files are removed after 6 years paid or not, Lowell cannot extend or alter the default date.

 

 

Brig.

[Old Cogger]

lowells would add their name not date, but check your file as I found now O.H has:- Evolution Banking Limited as owner strange things happening also on my near default drop off in October has disappeared completly , anybody else know what is going on?

 

Evolution bank are not debt buyers??? but bank accounts for bad credit???

[dx100uk]

urm..that address is just a drop mail hole for many dodgy businesses.

 

I suspect they are a brokers that like say MMF are buying up accounts to increase their portfolio

 

dx

[Old Cogger]

urm..that address is just a drop mail hole for many dodgy businesses.

 

I suspect they are a brokers that like say MMF are buying up accounts to increase their portfolio

 

dx

 

o.k. we will see soon no doubt?