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Advice pretty please! :?:


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Hi Everyone :)

 

I'm hoping some of you might be able to help me...

 

I received a letter around 2 weeks ago from Lowell Portfolio I, requesting payment for an old credit card I had. I got this card at the end of 2001, used up the limit (£250), and never made any payments to it (I was 18 and broke) and now suddenly they are requesting money back (£535.76).

 

Is there anything I can do to get rid of them? I mean the debt is so old I assumed it had been forgotten about!

 

It also says in the letter that my debt was sold to Lowell on 07/09/2006 - I'm not sure if this makes any difference to the action I should take?

 

Thanks, and I hope someone can help, you guys all do such a great job on here!

 

Happy New Year!

 

B :rolleyes:

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Happy New Year,

 

The fact that it has been sold would make a difference as I beleive they would now be responsible for proving that you owe the debt.

 

Someone else will probably come along and advise you better than I can, but based on my knowledge your first course of action would be to send them the CCA letter which can be found in the following thread, letter N:

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Remember to send it recorded delivery so that they cannot argue that they haven`t received it.

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- SilkySmooth -

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As the debt is so old, it may be statute barred, which means that it would be beyond the 6 year limit for collection.

 

However, when you send off the CCA request, it is very important that you include the words "I do not acknowledge any debt to your company", otherwise your request could be seen as an acknowledgement that starts the clock from the very beginning of another 6 years.

 

CCA stands for Consumer Credit Agreement. If they do not have it, then the debt is unenforceable anyway. :)

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  • 2 weeks later...

Hi everyone

 

thanks for the advice.

 

I'm possibly just being really stupid her ebut I can't seem to find this CCA letter, could someone post it in here so I can copy and paste? Thanks :)

 

Also ... This debt isn't quite 6 years old, well not until the end of this year, does that mean it won't be written off? Or should i just wait and see what they say?

 

Thanks again

 

B :rolleyes:

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Hi B,

 

Here is a copy of one that I used:

 

"I do not acknowledge any debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

 

  1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a cheque made out for a £1
     
  2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
     
  3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours Sincerely"

 

HTH

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- SilkySmooth -

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  • 3 months later...

Hi everyone

 

Update on this situation....

 

I sent the CCA, and they came back with a photocopy of my original agreement. I am now agian receiving letters on a regular basis, demanding payment, and with threats of court and agents being sent to my house....

 

What should I do now?

 

Thanks for any advice

 

B :-|

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Is the document signed by yourself and by them and have they also included the terms and conditions ?

 

Did you include the words "I do not acknowledge any debt to your company" on the CCA request ?

 

Lastly, can you recall the last written contact (as no payments were made) that you ever had with the original creditor ? Did you make any written contact after the date on the CCA that they sent you ?

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Is the document signed by yourself and by them and have they also included the terms and conditions ?

 

Did you include the words "I do not acknowledge any debt to your company" on the CCA request ?

 

Lastly, can you recall the last written contact (as no payments were made) that you ever had with the original creditor ? Did you make any written contact after the date on the CCA that they sent you ?

 

 

The document is definitely signed by me, but I'm not sure about them. It's at home but I'll take it to work tomorrow and scan it and post it here.

 

Yes I included "I do not acknowledge any debt" ...

 

and no unfortunately I don't remember the last time I heard from capital one, I would say it would have been not long after I got the card? And no I haven't made any contact since I sent the CCA...

 

Thanks for the replies and help

 

B xx

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Guest express

The debt is yours and both legally and morally you ought to pay it.

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The debt is yours and both legally and morally you ought to pay it.

 

It's not usually quite as simple as that.

 

If the CCA is a genuine Agreement, then you can send a S.A.R - (Subject Access Request) to the original creditor in order to re-claim any unlawful charges applied to the account. This will leave the correct balance outstanding, enabling you to make payments on that amount.

 

:)

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Guest express

Oh come on Priorityone, the OP stated that they ran the card up to the limit and never made any payments whatsoever towards the debt. Now they are being chased for just over double the original debt, I certainly don't think that is excesive under the circumstances (over 5 years) and I honestly suggest that they pay it off in full. This is where this site often lets itself down, people ought not be given advice offering them ways of getting out of what is quite obviously a legitimate debt. If we all want big businesses etc. to play fair then we also have to do the same.

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