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PPI -Lowells is the new owner old Cap One card - who is liable to pay this back

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Hi there I am trying to find out if Lowells did buy the debt are they liable to pay the PPI or is it the Cap One as the Original creditor who is liable to pay this back. I have read it somewhere it is the original creditor who has the right to PPI. Any advice would be greatly appreciated.

 

I have a Cap One card with a small balance which would be SBd in a few months. Lowells claimed that they bought the debt but I had a dispute with Cap One for a long while. I have some PPI on that card which I want to claim.

 

Lowell had put a Default Note in my CRA and the account is in their name although I had a dispute with the original creditor.

 

Are they allowed to do this? I am going to send them a letter so would be grateful if anyone has had similar experience and has got a letter so I can send Lowell's a similar letter.

 

Many thanks

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always the original creditor for PPI

 

 

a dca cant default your file only update it

 

 

the OC would have defaulted it upon or before sale and a dca cannot record a different date.


please don't hit Quote...just type we know what we said earlier..

 

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Oh ok thanks. So I can claim the PPI from the OC.

 

 

So the Lowells may have updated the CR file with their name after they bought the debt.

 

One more PPI to go and I am done on that PPI. Cap One is only a small amount, but still I would claim as they charge so much on late fees etc.

Thanks again DX.

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OK I am onto Capital One now.

 

I found a letter from Cap1 last year that they have passed on the debt to Lowells. I had a dispute with Cap1, and I told them that I never received any DNs or assignment notes. Last year I moved house so I could not deal with all this and left till I settled in the new place. So I am now onto every card that I had and trying to reclaim all the PPI etc.

 

Question - I have learnt from here that OC cannot sell account with the PPI onto Lowells whilst the account is in dispute. Is this true? I will need to check all the paper work to see if they have full rights to do this. Also they cannot offset the outstanding balance against the debt can they?

 

I have drafted a letter to Cap1 explaining that whilst the account in dispute they had sold the debt to Lowells which is not inline with the financial guidelines. Will post it here before I send off. Would appreciate it if someone can have a look and let me know ok to send off.

 

Many thanks

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Well I drafted a letter with the help of a template or a letter that I found on this site.

 

I am making a complaint to the FoS as Capital One has sold my account whilst it was in dispute and put a DN after I had agreed to pay every month and did pay through DD. I stopped paying when I found out that Lowells bought it. I have PPI on it and it is a small amount.

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forget it

 

 

shouldnr do it but it happens all the time and TBH always has..


please don't hit Quote...just type we know what we said earlier..

 

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But I can claim the PPI from the Lowells can't I?

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you ask this several times

 

 

ppi is always reclaimed from the OC


please don't hit Quote...just type we know what we said earlier..

 

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lowells etc buy all rights and responsibilities of an account it seems, but when it comes to PPI it seems not all responsibilities include PPI - double dutch this country is due to wimps making regulation in favour of companies and tread down the real populus says it all, and people stand back and allow themselves to be trodd on!


:mad2::-x:jaw::sad:

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Thanks. I know how you feel.

 

I think I will send the letter to both of them and see who would give me the refund.

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Today I had a letter from Capital One as I wrote to them firstly giving them my new address and telling them that PPI need to be paid by them and not Lowells.

 

So have given a telephone no in PPI department.

 

I also have a letter from Lowells telling me to contact Lucas Credit Services.

 

I am going send them letter asking them to cease all communications with me as the case is being dealt with by FOS at this moment. I did send fos a letter to say whilst my account was in dispute Cap! sol the account and also disputing the balance.

 

I am surprised that Capital One has indicated in their letter and they have update their records and from now on will send all the letters to my new address. If they have sold the account why would they update my account.

 

Unless, fos has been in touch with them? Wait and see what they have to say later.

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lucas are lowells

I wouldnt enter into pointless letter tennis.

 

if they have it

discount letters will be next


please don't hit Quote...just type we know what we said earlier..

 

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Yes you are right. I am not going to give them the satisfaction of knowing that I read their letter. I will put it in the bin.

 

As for Capital One they need to make up their mind whether they deal with me direct or not.

 

I will wait to see what fos has to say and go from there. It will take weeks but I can wait there is no rush.

 

They have my PPI money more than the balance outstanding.

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UPDATE ** Today I received a letter from Capital One to say that they are dealing with my PPI and will process as soon as they can.

 

I was told by Lowell's previously that they owned the debt and therefore deal with the PPI by them.

 

I wonder if the FOS has been in touch with them. That is good if Capital One has got a debt back so I can only deal with them

 

I am going to send Cap1 the spreadsheet as I have the statements now so I can work out.

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PPI is with CAP1 as the original creditor

never anything to do with debt buyer

wont stop lowells mind.


please don't hit Quote...just type we know what we said earlier..

 

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I know Lowells was saying that they would offset the debt against the PPI. I told them that I would write to fos to complain and only deal with Capital One regarding PPI. They tried to get my money.

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UPDATE** Have a letter from FOS to say that they have written to CAP1 and I should be hearing from them soon. They have asked me to contact them again if CAP1 do not contact me or send a reply soon,

Is it too late to claim unfair late fees and other charges?

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UPDATE** Have a letter from FOS to say that they have written to CAP1 and I should be hearing from them soon. They have asked me to contact them again if CAP1 do not contact me or send a reply soon,

Is it too late to claim unfair late fees and other charges?

 

No not too late. Get copies of statements from Cap1, work out excess fees/charges and make a complaint to get these removed from the debt.

 

Make sure Lowell know you have active complaints running with Cap1 and that you are expecting significant changes in regard to the account with Cap1, which will no doubt be advised to them in due course. Don't refer to there being a debt, always refer to an account when communicating, as you never want to acknowledge a debt.


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Thanks.

 

I have prepared a spreadsheet for the late fees, Over Limit charges etc and will send off to CAP1 with a copy of the letter from FOS. Now do I ask for the 8% interest as well? Or just the charges?

If they reject it I will forward that to FOS with a letter. Wait and see first if they will respond.

 

I have asked them to remove the DN note as I disputed the balance long time ago, yet they sold to Lowells. So the DN is under Lowells name.

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8% on the cisheet total from the day after their int stopped

exactly the same as your other threads


please don't hit Quote...just type we know what we said earlier..

 

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Thanks DX.

 

Will do the CI sheet. Sending off tomorrow.

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statint sheet remember..


please don't hit Quote...just type we know what we said earlier..

 

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Thanks.

 

Do I put purchase interest as well. They have charged me 2.29 per month on all the purchases. I will put over limit charge, late payment fee and handling fee.

 

I have requested all PPI on a separate claim.

 

As per FOS letter I contacted Capital, and I told them what FOS had told me. They told me that the DN will come off This month. I said I know, but it should not have been there in the first place.

Now can I claim damages for marking my CRA file and for not following the procedure , or do I make a complaint to ICO?

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CISHEET AT APR not monthly

 

them end that sheet on the day they last charged their int

then take that figure asa whole and put it in the statint sheet the day after.

 

same as you've done before.

 

have you directly complained to the OC about the damage that the wrong default has caused

if not you must first


please don't hit Quote...just type we know what we said earlier..

 

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Thanks DX

 

To whom shall write to asking for the damages - Capital One first? If they say no then go for ICO??

CB

 

I am going to send the refund letter to Capital ! with the spread sheets, and in the same letter I can ask for the damages for putting the DN note? If this OK?

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