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lowell and cap1 debt - if they fail my CCA - is a section 10 notice still applicable?


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no you do not enter into pointless letter tennis?

they know the rules alot better than you appear too.!

 

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

this is sounding rather freeman of the land tactics to me you've followed?

 

 

 

dx

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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No dx,  you are mistaken,

I changed my name back in 2017 for personal reasons I am not going disclose on here and informed Capital One,

I have updated all my creditors every time I move,

I don't appreciate your assumptions, 

 

 the CCA request and the section 10 was found on this forum,

I have asked for your advice on how I should proceed.

 

I am aware the debt is mine however do not agree with the balance that is stated, if no CCA agreement is found I won’t be paying, as I was under the understanding that no further action could be taken to enforce the debt. 

 

if the CCA is found, and they provide a full statement showing how they have calculated the balance then I will pay if it turns out to be correct. If it is different then I will pay what is actually owed.

 

I am not claiming to be an expert on the matter that's why I came to a site such as this for advice.

 

Plus why are you assuming I have moved as I have not included my address in this forum,  Lowell already had my correct address, so I haven't informed them of a changed of address as it is correct. 

 

I am thankful for everyone's advice including yours however I do not appreciate your aggressive tone with your ............s on the end of your replies,   what's that about ?

 

And your assumptions,  if you do not wish to answer my questions then don't, but I am asking for advice because I require assistance, you reply as if you expect me to know.

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Loads of people do move home,  that's why, with Lowell , you need to specifically update them with your address each time you move otherwise they will, almost without a shadow of a doubt issue you with a Court Claim that you won't know about until one day you get turned down for credit or a mortgage.

 

On the other hand, if you CCA request Lowell they will almost definitely not be able to come up with the goods, and the loan will become unenforceable.

 

We are sounding harsh because it really is that simple!

We could do with some help from you.

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1 hour ago, dx100uk said:

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

london1971, I get that completely,  however that's not what dx said, he said I appear to have moved, I haven't said I have moved, how does it appear I have moved throughout our discussion on this thread that that is the case, and how does it suggest that I haven't updated anyone as to where I live, because I have updated Capital One  and everyone else where I live that is how Lowell contacted me. 

 

On another note, if a CCA has been requested and it has not been provided, then can a court claim be still issued, would I have to go to court and make that point that the CCA was requested and that the debt had become unenforceable unless it can be provided in court ? 

 

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Okay lets calm matters down.....yes a lot of assumptions which are made because normally posters fail to explain the finer points which affects the advice given.Its not aimed at you personally Badger.

 

Send the CCA request I have posted......lets see what transpires.Yes DCA still issue claims irrespective of a valid CCA request and none compliance...but as long as you defend a claim...they will have to disclose it.

 

Regards

 

Andy

We could do with some help from you.

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Hi andy, 

 

I cannot send your CCA template as I have already sent my own copy, and they have already acknowledged the request, the time limit expired yesterday that's why I was going to send the section 10 along with the following letter to back my self up, in your opinion should I still send it or not ? I'm not sending the section ten any more, but I am unsure on the one below, I dont see why it is pointless letter tennis, 

 

 

 

   

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Send the above letter if you wish...its not really required, the CCA request is self explanatory in itself and they are fully aware of the consequences of none compliance.The above could be construed that you are desperate for them to find it and respond....which of course  is the last intention.

 

Andy

We could do with some help from you.

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Yup they haven’t responded best to leave it. Don’t pay them anything or speak to anyone at Lowell.

 

It’s highly unlikely they will pursue any court action with you.

 

last time I CCA’d Lowell , it took them more than a year to come with an ‘agreement’. it turned out to be almost illegible and they ended up closing the account and removing it from my Credit File.

We could do with some help from you.

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  • 2 weeks later...

I have just checked my credit file and Lowell have added this to my credit file in June, are they allowed to do this considering the accounts in dispute and they told me they had put the account on hold and had suspended all activity relating to the account, there is no marker showing for July.

 

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as long as they have not changed the original defaulted date registered by Cap1 on or before the sale of the debt, then yes they can.

 

dx

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 4 weeks later...

Hi, I have since received a copy of the credit agreement from Lowell and the sar request from capital 1,

I now accept the debt however can not afford to pay the full amount and would like to make an offer for full and final settlement,

I’m not exactly sure on the best way to do this, after all of my bills I have 30 pound spare but if they were to accept a full and final offer I could probably raise some money. 
 

the account was opened on 24/10/2014 and was served the default notice on 26/08/15,

the last payment made towards the account was 07/06/2019 for £1,

the amount outstanding is £386.69, which included £84 in arrears,

 

 it was previously mentioned I could possibly dispute any 12 late payment fees,

however it is stated in contract that they can charge  default sums, £12 for late payments, Returned payments £12, over limit £12,

I don’t think I stand any chance of disputing that.

 

They have included notes added my agents, there are some which I believe to be false,

one says 10/07/20 at 5:36 am disclaimer read to cardholder and agent swu284 accessed account,

 

I have not spoken to anyone since 2019 regarding the account, so no disclaimer has been read to me, so I don’t know why they made that up, according to capital on the debt was sold to Lowell on 30/04/2020 but it’s not stated how much the bought the account for. 
 

these are the fees charged: 
Over limit fee x 2

late payment fee x 1

returned payment fee x 1

 

Kind regards,

 

badger91

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so about £50 in fees

and who says the agreement is enforceable.

 

scan it up to ONE multipage PDf please

carefully read upload guide

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Do as above, and we can find out if it's an enforceable agreement, often it isn't from Lowell.

 

But from another point of view, as long as they have your current address, why pay them if you only have £30 at the end of each month? It's not visible on your credit file, so won't affect your credit score in any way. This is in no way a priority debt.

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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hidden 

please read my last post

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Hi, I am having difficulty uploading the original credit agreement provided by the DCA. It is in poor quality and is very difficult to read, the one they sent was easier to read, however after scanning into the computer at 200 dpi, it has made the text smaller, I have merged the images to one pdf, however I am unable to upload it because its over 4.88mb, if I compress it the text is only going to get smaller and then you won't have a cats chance in hell of reading it, its bad enough now. 

 

I can confirm however that the one sent by Lowell is 100% identical to the original which has been provided by cap1, which is in a more readable state, It looks as though Lowell took a photo of the original and in doing so it has shrank the text.

 

Is  there anyway I can email the PDF ? 

 

I have removed all personal information. 

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When you've uploaded it and the others have taken a look to see if it's enforceable, there is a provision in the CCA  that says it must be legible. Lowell did the same to me a few years back, sent me a blurred copy, I got them to close the account and remove it from my Credit File.  

We could do with some help from you.

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Capital ones copy is in a higher resolution.

 

Well it still is just about legible, I can read it when viewing the copy they sent with naked eye, however it becomes more blurry when scanning into the computer.

 

I cannot uploads it, that’s what I am saying, When scanning it into the computer at 300 dpi it’s still difficult to read you,

 

the forum guide said to scan to below 300, so I scanned at 200, then I edited the file to remove personal info and converted to PDF, but I am unable to upload because the size is higher than 4.88mb,

if I compress it it’s going to shrink the file and make  the resolution worse, by then you will not be able to read the small print at all.

 

I believe the document is enforceable because I can read what it says and it matches the contract provided by cap1,

 

I can upload that one which is better quality and will probably scan better.

Presuming it is enforceable, what’s the best course of action to get a full and final settlement? 

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weighing everything up here

as you say the lowell copy is just a scan of what they got from cap1 and you have the original in the sar from cap1, i will guess that the CCA is enforceable.

there weren't many errors made by cap1 in agreement by 2014.

 

what date are these £12 charges?

as they amount to about £50 but with interest at cap1's rate on each from its date, until they sold the debt to lowell's, this could add quite a bit more.

 

that will give you a ballpark figure to aim for in your F&F settlement.

 

 

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for your reply, here are the charges
 

£12 over limit fee on 17/12/14

£12 over limit fee on 15/06/15


£12 returned from payment fee on 01/07/15

 

£12 late or failure to pay fee on 03/07/15

 

I’m not sure how to work out the interest, I cannot find the date that the interest was stopped. 

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use the cisheet

clamto date the date they sold the debt to lowells

 

should be in the sar comms/acount log

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Posted (edited)

Ive found a section in the sar that tells

me the total charge for credit with interest if this helps the amount is 197.21

 

The annual purchase, cash rate is 34.94 percent, monthly is is 2.53% 

 

im looking at customer insight pages and there’s a section which says Chrg off: 05/01/2016, is this the date the interest was frozen ? 
 

the debt was sold to Lowell’s on 30/04/20 however they froze the interest well before then.  They froze  it whilst I was stepchange, they ended my plan last year becouse had nothing to spare. 

Edited by Badger91
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when do the monthly statements no longer mention interest?

so it looks like it will only be the charges alone

 

if so 

use the statint sheet.

leave the claimto date alone

just enter the charges each one on its date

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Posted (edited)

30/06/15 I was charged £2.31 for interest, the description states: 09Jun.

this was the last time I was charged interest. 

 

 

Edited by Badger91
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