Lowell Failed to supply CCA request for Cap1 debt after initial 14 days plus the 30 days extra

[smartx]

Hi,

 

 

I sent LOWELL a request for a CCA for an old debt, original account Capital one. back on 7 January 2015 giving them 12+2 days to respond.

 

 

Received a letter dated 12 January 2015 stating (we are in receipt of your request for a copy of your credit agreement.

.. we will advise you further if it will take longer than the prescribed period.).

 

 

Received a letter dated 22 January 2015 stating ( We have been in touch with Capital One about the copy of your agreement,

they have let us know they are trying to retrieve the agreement from their archive)

 

 

.Received a letter dated 30th January 2015 stating ( We are waiting for your credit agreement).

 

 

Received a letter dated 24th March 2015 stating (we have ordered statements on your account. As we have requested these from Capital One,

it may take some time for them to be returned to us. During this time your account has been placed on hold).

 

Applied for the card November 2007 on-line.

Not sure on default date, and can't remember when last payment was probably end 2008.

 

 

Letter dated 31 July 2014 informs us when the account was assigned to Lowell.

 

 

Also attached letter dated 8 June 2015 paragraph two (we have confirmed with the original creditor that the outstanding balance is correct)?

 

 

The statements attached is a little vague.

 

 

The credit agreement was a rough copy, and difficult to see anything.

 

Many thanks for your time.

Edited June 19, 2015 by dx100uk
50Mb scans reduced to .5Mb

[AndyOrch]

You need to convert your uploads to PDF format///JPEG is too small.

 

Regards

 

Andy

[smartx]

Hi, I think I've done it correct now.

[maroondevo52]

Hi, I think I've done it correct now.

 

You need to remove all identifiers from the documents and re-post them.

 

Thanks.

[SabreSheep]

Moved to DCA forum

[dx100uk]

looks enforceable.

 

 

have all the statements?

 

 

why did you stop paying?

 

 

got all the statements?

 

 

dx

[smartx]

Only statements we have are the ones Lowell sent us which are attached , but don't give much information.

I have no other statements other than those.

Stop paying around the end of 2008 due to not being able to afford repayments, not heard anything from anyone in the last 5 years till Lowell was assigned the debt in July 2014.

 

Thanx

[Guest]

Stop paying around the end of 2008

it might be barred then, or near? if so, cca n/a

they mention nov 09, was there a payment then?

[smartx]

I have nothing on this account only what Lowell have sent, I could have been paying capital one in 2009, but don't have any statements to back this up.

Would Lowell have more statements? would they have enough to go on to take this further. They only provided the three attached statements which do not seem to be original copies.

[dx100uk]

time for an sar to cap1

 

 

might pay you to go onto noddle

and get your CRAfile

that usually tells you last payment

but I don't think its SB'd

 

 

might not be £700 in PENALTIes to reclaim mind

 

 

you need to play this carefully

 

 

sar ASAP.

 

 

dx

[smartx]

Will have a look at noddle and see what that comes up with.

As regards to SAR, could you please explain this as I have no idea what this is

How do I do a SAR request?

[Guest]

click on sar

[smartx]

OK I will get on to this ASAP and see what we can dig up, In the meantime thank you for all your help and I will repost the information as soon as I get it.

[smartx]

One last thing... do I send the SAR to the original creditor (Capital One) or Lowell?

 

Thanx:-D

[Guest]

original creditor, partic as you say may have made a payment to them 09. sar shld show payments.

[smartx]

Thank you

[smartx]

Been sniffing around on Checkmyfile attached, not sure if this will have any effect but letter dated 8 June 2015 states ( current state of account - defaulted), but on the checkmyfile it clearly states Not defaulted.

Still going to SAR Capital One, but was hoping if anyone could shed some light on this.

 

Thanx

[dx100uk]

not all creditors use all cra companies.

 

 

dx

[smartx]

Does this mean Lowell can still pursue this debt even though it's not defaulted?

[dx100uk]

regardless to any of that

defaulted or not

yes they can.

up until statute barring date they can issue court proceedings

 

 

after the debt is statute barred

they cannot issue court proceedings

but they can still[ in E&W] 'ask' for payment

and you can 'ask' them to go away.

 

 

statute barring and any default date or default notice are not directly linked.

 

 

dx

[smartx]

Thank you

[Guest]

seems to rest on when the last payments were.

am guessing that the copy statement they produced post #1 is re feb 08 to nov 09. so, as long as there were no payments after that statement end, then could well be barred?

also guessing that credit report doesnt show a default because the default 6 yr period has expired?

[smartx]

Sent SAR so will hopefully see when last payment was, not really understanding the statements Lowell sent, as not seen statements up to NOV 2009 only what was sent which was up to FEB 2008.

 

Letter dated 8 June 2015 states ( Please be advised that the outstanding balance shown on these statements does not match that of the outstanding balance) which we understand, but where it states ( This is due to the fact that they are only up until 7 Feb 2008 Nov 2009) confused as the statements are from Dec 2007 to Feb 2008 not sure where they get the 2009 from.

 

Is there a letter I can send to Lowell whilst waiting for the SAR because it can take up to 40 days and Lowell are expecting a reply within 30 days from 8 June 2015.

 

Many thanks

[Guest]

Sent SAR so will hopefully see when last payment was, not really understanding the statements Lowell sent, as not seen statements up to NOV 2009 only what was sent which was up to FEB 2008.

 

Letter dated 8 June 2015 states ( Please be advised that the outstanding balance shown on these statements does not match that of the outstanding balance) which we understand, but where it states ( This is due to the fact that they are only up until 7 Feb 2008 Nov 2009) confused as the statements are from Dec 2007 to Feb 2008 not sure where they get the 2009 from.

 

Is there a letter I can send to Lowell whilst waiting for the SAR because it can take up to 40 days and Lowell are expecting a reply within 30 days from 8 June 2015.

 

Many thanks

 

from how i read it the statement is to nov 09. ie no payments since the last they showed up to then? unless you made payments after nov 09?

[dx100uk]

you call the shot and time limits

not some tinpot powerless

dca

 

 

THEY ARE NOT BAILIFFS

 

 

dx