Jump to content

  • Tweets

  • Posts

    • Dont expect instant resolution of 14 years of poopulist party, personal and vipal excess .. but I do believe that starmer will quickly start significant delivery of change - and deliver in the long run   They need to deliver to prevent a massive rebound away from them.
    • True, but all the threads we have for Wise concern hospital car park parking (except one) so it would suggest a hospital car park.
    • Don't worry, a week and a half is fine, especially as you've already drafted a WS. However, we need to see everything as dx says in the post above.
    • This preliminary hearing has been allocated 20 minutes so it should be fairly simple. However, judges are always on the look-out to get cases settled and sometimes these things can mushroom unexpectedly, so I would take along all the paperwork in order and prepare too much rather than too little. For example, we have a recent case where someone went to a preliminary hearing but the judge was appalled by the parking company's case and put huge pressure on their solicitor to discontinue - which he did. I have personal experience of trotting along to a preliminary hearing, only for the judge to go ballistic at the other side's solicitor who promptly dropped the whole case against me. I suggest your Mum takes these notes along and refers to them when necessary.   1.  I sent Parking Eye a Subject Access Request on 03/07/2023.  After one calendar month they had not replied. 2.  Their failure caused me a great deal of distress.  I was desperately trying to prepare for a court case and I felt they were hiding information from me. 3.  However, I did not rush to court, I sent a Letter of Claim on 03/08/2023 giving them an extension.  Again they did not reply.  So I started this court case. 4.  Parking Eye insist I have proof of postage for everything I sent - and I do.  5.  Parking Eye eventually satisfied my Subject Access request at the end of August 2023.  I believe they put a false date on their letter to pretend to have satisfied the one-calendar month deadline.  I believe they will have no proof of postage. 6.  In April Parking Eye sent me a letter to try to settle the matter, which offered me nothing.  7.  Later I sent them a letter offering to settle and asking them to offer a serious amount, not nothing, but they did not reply. 8.  I would be willing to settle out of court, but not on the basis that they offer me nothing.  
    • That was the date the email was received from them
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Capital One / Lowell - Debt written off?

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6389 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

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: ****




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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.



Link to post
Share on other sites

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???????



Link to post
Share on other sites

Hi as far as I know it is 12 WORKING days


** 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

Link to post
Share on other sites

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.


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!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...