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Capital One / Lowell - Debt written off?


ivelostmemarbles
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Hi all - first post and all that, so here we go.....

 

Recieved a letter last year (September time) from Cap.1 that a debt of £800 odd pounds was being assigned to Lowell Group, and that all further communication should be to them.

I then recieved letters (at the rate of 2 or 3 a week) from Lowell Financial, saying I owe them the £800 odd as they have bought the debt. Cough up or else, they said.

 

Not bloody likely!

 

Letter sent to Lowell Financial as thus ;

 

To Graham Danby, in response to letters with the reference number : ********

I have received a large amount of mail from Lowell Financial in supposed association to an alleged Capital One debt, in which your reference number is ********.

Furthermore, I have spoken to various customer services persons regarding this, and they have not been able to explain to me any details of this alleged debt, and that they totally refuse to believe me that I have no knowledge of this alleged debt, whatsoever.

I have also been refused certain information when I have requested it, therefore I require you to action the following requests with immediate effect.

I have taken legal advice, and I can issue you with the following statement;

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 £1 postal order in payment of the statutory fee, PO Serial Number **** **** **** **** ****.

 

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.

Furthermore, letters and postcards which keep being sent to my property with remarks of agents will be calling, I therefore respectfully advise you take note of the following;

As to your intention to arrange a “doorstep call”, I understand that under OFT rules you can only come if you make an appointment.

There is also an implied license under English Common Law for people to be able to visit me on my property without express permission, the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Take note that I revoke license under Common Law for you, or your representatives to visit me at my property, and if you do will be liable to damages for a tort of trespass.

You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you persisted in your threat, I will obtain an injunction. I am however prepared to communicate by correspondence only should you wish.

I look forward to a speedy reply from yourselves, and the prospect of a letter informing me that you have made a mistake, and that all letters alleging that owe such a debt will immediately cease, and that the matter will be fully closed.

Yours, ivelostmemarbles.

 

So, that was delivered 14th Dec 06.

3rd Jan 07, letter recieved from Lowell Financial **confirming receipt for request for copy credit agreement - we are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement**

 

??What, they don't have any details? I thought they said they had bought the debt??

 

**While we will endeavour to reply to you with the required information within the prescribed 28 day period under the CCA, you will appreciate this is dependant upon reciept of the information from the original creditor**

 

Right, ok, so they are confirming they know about the CCA regs, but isn't this a rather standard letter? No mention of Capital One!

 

Today, made a phone call. No letter has yet been recieved by me as per the original CCA request, and I wanted to confirm if the chat who had sent me the acknowledgement letter was the best person to send a "hurry up" letter to.

 

****:confused::eek: ****

ACCOUNT CLOSED 13TH JANUARY 2007

TELEPHONE VOICE RECORDING WITH A REPRESENTATIVE FROM LOWELL CONFIRMING PERMISSION TO RECORD CONVERSATION AND THE ACCOUNT CLOSED / WRITTEN OFF DUE TO ADMINISTRATION ERRORS OR BEING MIS-SOLD!!!!!!

 

Hang on a sec, so where does that leave a default that I've found out was applied some time ago (that I didn't bloody know about).

Capital 1 also refuse to speak to me (Specialist Support) as I can't answer their stupid security questions (bloody obviously!) But, having spoken to one person (to be complained about and reported), I managed to get details of the exact account balance, credit limit, date in which the agreement was apparently signed - obviously if this information has been given to me if I "couldn't pass the security questions" then surely its a breach of the DPA?

 

So, my questions ......

 

If Capital One has sold this alleged debt, then obviously they can't make any further claim on it can they?

If Lowell has confirmed the account has been closed / written off, then Lowell cannot resell it to some other bunch of tossers?

As Lowell has NOT complied with the CCA request and therefore closed the account, then if there WAS any debt, then surely it is now totally unenforceable?

Lastly, can I, armed with this information etc etc force Capital One into removing the Default as 1- I never recieved a default notice, 2- I dispute the debt, and 3- I have not recieved a CCA request from Lowell as Lowell did not recieve the relevant information from Capital One!

 

I want to have the default removed - I would imagine its cost me a few quid in difficultly in obtaining a bloody mortgage last year at a preferential rate rather than having to goto a mortgage company who deal with "not brilliant but not that bad" people!!

 

Would I be right in hoping that a request to Capital One to have the default removed if I do not take the matter of account information being passed (breach of DPA), not to take up a complaint of rude and ignorant staff, not to take up the legal matter that Capital One has not provided Lowell with the correct documentation and not taking up the matter that "the debt may have been mis-sold" with the Financial Ombudsman?

 

Pffffff - and breath!

Sorry about length, but I hope you get the gist of it.

Anyone with any help or info, very much appreciated :)

 

Cheers - Marbles.

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Normally when a debt is assigned, the new creditor changes the default to

their name.

Whatever the reason that Lowell had for not continuing with the debt [it

could be that Cap 1 couldn't supply the agreement in time so Lowell ran the risk of being

fined for more that the debt]. Just because they are no longer pursuing you

may not mean that they cannot sell it on or, if it was missold, possibly hand

it back to Cap 1. You might remind Lowells that if the debt is resurrected

that there is still a cca request outstanding but you are prepared not to take

matters further in the light of them writing off the debt but you will not

hesitate to contact the OFT should there be any attempt in future from them

or anyone else to pursue you for it.

 

 

If you are the person that was the subject of the information that was passed

to you by Cap 1, then even if you didn't answer their security questions, it

is hard to see how thw DPA was breached. Their internal procedures were

perhaps, but not the DPA.

 

Also, if the debt exists, the fact that Lowells say that they will not pursue you is no reason for the default to be removed. If Cap 1 do not own the debt,

you can write and point out that they no longer own the debt so have no

contract with you, so cannot process your data may get them to remove the default.

 

You could send Cap 1 an sar which should reveal if any unlawful charges have

been applied to your account. It should also include corresondence with

Lowells about your cca request and you might find why it was dropped.

 

Even if the debt becomes unenforceable, as there is an amount outstanding

it will be next to impossible to remove the default until it has run its course.

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Hi - thanks for the replies.

Capital One account setup in, erm, September 2001.

 

Due to personal circumstances and moving, to be honest I can't remember much about the account. I can't even remember if there was any balance on the thing.

 

I'm not disputing the fact that I had a card, I'm just disappointed with the way in which the matter has been handled, and hopefully get some advice as the the best recourse of action.

 

If they can PROVE a debt exists, then fine, I'll consider the best action as to repayment, but, I've had nothing from them, and its not like I've never been off the electoral role either.

My point is also about the default, which I feel has been added on unfairly due to lack of communication on their part.

 

:x

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Spoke with Shaun at Lowell today. i sent a cca request on 29th Dec 06 and they sent letter back on 5th Jan confirming receipt of it and the £1.00 fee. They then send letter back on 9th Jan saying no fee and give them £10.00 for cca. Their 12 days are up but Shaun (by now getting snotty cause hes under stress LOL) says they have 21 days from receipt of 1st letter to provide the original agreement, he originally said 28 days but had to keep going to ask someone, ie legal dep) does anyone know who is right? is it 12 days or 21 days???????

 

Thanks

:lol::lol::lol:
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Hi as far as I know it is 12 WORKING days

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Unbelievable! :o :lol::cool:

 

From trawling through the posts on here and speaking to someone, i've had this response today!!!

 

From : W******, A*****

Sent : 17 January 2007 16:38:35

To :

Subject : Capital One account

 

| | | Inbox

 

 

Dear Mr ****

Thank you for contacting me about the account held in your name with Capital One which was sold to Lowells Portfolio. After discussing the matter with you, I can confirm that we will not be holding you responsible for the debt.

Lowells have confirmed that they have closed the account and after speaking to my contact regarding credit files, I have been advised that it is Lowells who will have to remove the account completely from your credit file. This is because we no longer have access to make any amendments as we no longer deal with the account in question. However, I have sent the request on to Lowells Portfolio to ask them to remove the account and all associated debts, defaults etc. I will email you again once I have received confirmation that this has been done.

To summarise, once the information has been deleted from your credit file, there will be no record of this account ever being opened by you. We will not hold you responsible for the balance and we will not contact you in relation to the debt on the Capital One account.

I am sorry you were not able to resolve this matter with us sooner but I hope I our conversation has been a success and put your mind at ease. Once again, I confirm that I will contact you again when I have received notification that the amendment has been made.

Regards

A******** W*******

Executive Office

Capital One Bank (Europe) Plc

 

 

I've got the full email headers to prove it came from the person who I spoke to, so thats all saved!

 

Erm, I don't know what to say, apart from to anyone who is in dispute, bloody hell! DON'T GIVE UP!!!

 

I will post more details as they come!!

 

Yay! I'm celebrating!

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