lenny 100 vs capital one

[lenny100]

Started my pathway today after weeks of phone calls at lest twice per day from them, (they even told my 15 year old duaghter if i did not call them within a few days I would arrested and spend a few days in prison).

A quick recon on my account which has a £ 200 limit is £500.

[thesergeant]

Lenny,

 

Good for you, get your SAR sent off. You can get your preliminary letter ready from the templates in the forum library.

 

The content of the phone calls as you have described are outrageous, I would recommend a formal complaint to the OFT copied to your MP. :cool:

 

Good luck and keep us posted ..........

[lenny100]

i have recived today a letter from them telling me that my account is now in defalt and they have terminated my account

 

I aparently owe that 1074.08 wich is mostly made up of their charges which i am trying to claim back but like the rest of us has been put on hold

 

what should i do

[ukaviator]

If it's a Credit Card it should'nt be on hold. Did you use MCOL?. .

 

If your account is in dispute then they can't default you until the dispute has been sorted out.

[lenny100]

recived this today

 

 

the thing is that this acount is in dispute with capital one for their chargesw which are over £ 1500 at the moment and are growing

what should i do?

I am now on incapacity due to ilness which will not go away, so i have now way to paty this as me and my family must live off the pitance the govermant give me.

[saintly_1]

try sending them this letter

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

saint

[bigegg]

someone else will be along in a minute to give you a better answer, but first of all, hit them with this:

 

FORMAL COMPLAINT

LETTER BEFORE ACTION.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

dear Fred(won't get)pay(d)

 

I am puzzled as to why I have received your recent letter, the contents of which I have noted.

The quoted account is the subject of a formal dispute with Capital One, has has been since .

 

As you should be aware,

[/color][/color]a creditor is not permitted to take ANY action against an account whilst it remains in dispute

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

After taking advice, I am of the opinion that your continued pursuit will be in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

 

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I await your rapid response.

 

They should run away with their tail between their legs

[lenny100]

received this today what do i do next.

 

the whole amount is in despite

[kev100]

Wow .. thats a BIG letter

 

They are trying their luck to attempt to get you to pay, you could ignore or I am sure there is another letter you could send if you wish.

 

Somebody will come along with some options

 

Or you could tell them that the undisputed amount is £ ZERO so you will offer to pay them £ ZERO as full and final settlement of the debt :)

[lenny100]

bump

[lenny100]

Just to say that today i received this letter from the Lowell group admitting they were in the wrong and a massive win for me all done with help from people on this site,

 

 

should i accept this or fight on for compensation?

[PGH7447]

congratulations - and keep this letter very very safe:D

[Blondmusic]

Well done. You defeated the Leeds Losers. I would keep that letter very safe in case they decide to sell it on.

[Little Mermaid]

Hi Lenny

 

Well done you. I dont know the full story but I would just accept this as a well deserved victory and make sure that they are true to their word and check that all adverse information on all 3 CRAs has been removed. Also make sure you file this letter safely as I would not be surprised if another DCA contacts you some time in the future, then you can have some fun.

 

x

[postggj]

Grovel Grovel Grovel

 

Another Nail In The Coffin

[postggj]

To Be Honest Ref Comp

 

If No Default Is On Your Credit File, I Would Be Happy With That

 

As The Account Is Closed Ref Cap 1

 

Cant See Them Updating Credit Files

[spark1]

If it was me, I would ask for compensation.

 

Fact: You disputed debt (account with capital one). Not your problem whether or not capital informed lowell of your dispute.

 

Fact: Lowell wrote to you twice, even though the account was in dispute.

Breach of OFT, Example, unfair practices 'not ceasing collection activity whilst investigating a reasonably queried or disputed debt'

 

Fact: Lowell apologised for any inconvenience they caused you as a result of their error.

 

I would ask them for compensation for the distress and inconvenience they caused you, they pursed you, when they shouldn't have and they know it. So your not asking for compensation for the account details that they held or processed, your asking for compenstion for the distress and inconvenience they caused you.

 

If they say no, then just pass their final response to the FOS and let them decide.

 

Spark

[lenny100]

i have written this letter can somebody have a look and tell me if it OK to send

 

Dear Sir

Your ref

Ref your letter dated

I write with regards the above letter that you sent to me.

In this letter you state that your second letter was “A unfortunate administrative error “and that your suspense procedure was not instigated on the account, this is a clear breach of the below Office of Fair Trading Guidance on debt collection practices

From Section 2 – Unfair Business Practices 2.1 Communicating in an unclear, inaccurate, or misleading manner, e.g.

1. Leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

2. Ignoring claims that debts are disputed and continuing to make unjustified demands for payment

3. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

4. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

And also Breaches of the Data Protection Act 1998

Despite the dispute you also continued to record inaccurate data with the credit reference agencies, this is in breach of Principle 4 of Schedule 1 of the Act ‘personal data shall be accurate and, where necessary, kept up to date’

You also state that capital one confirmed a dispute regarding fees and charges; this has been in dispute since Thursday, 08 March 2007 and is not a recant dispute.

I now require you to compensate me for your action in relation to this account as set out

. Reimburse my costs in dealing with this matter:-

A/ 2 letters received, 5 minutes per letter @ £10 per hour =£1.60

b/ 2 letters sent, stationary, postage, preparation time 1 hour per letter @ £10 per hour =£1.60

C/ Submitting complaint to the FOS, stationary, postage, preparation time 4 hours @ £10 per hour= £40.00

Total for costs = £ 43.20

2. Pay compensation for

A/ the distress caused by the use of unfair business practices= £500.00

B/ damages for breaches of the Data Protection Act= £500.00

C/ damages for harassment =£500.00

D/ damages for incorrect information being recorded with credit reference agencies= £500

Total for damages = £2000.00

If I do not receive acceptable offer within 30 days I will continue to seek judgment from the Financial Ombudsman service

[willtheywontthey]

congratulations.

 

I'd not trust what the FOS might say.....

[spark1]

You need to get a decent copy posted up

 

Spark

[kiptower]

updated for you

Dear Sir

Your ref

Ref your letter dated

I write with regards the above letter that you sent to me.

In this letter you state that your second letter was “A unfortunate administrative error “and that your suspense procedure was not instigated on the account, this is a clear breach of the below Office of Fair Trading Guidance on debt collection practices

From Section 2 – Unfair Business Practices 2.1 Communicating in an unclear, inaccurate, or misleading manner, e.g.

1. Leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

2. Ignoring claims that debts are disputed and continuing to make unjustified demands for payment

3. Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

4. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

And also Breaches of the Data Protection Act 1998

Despite the dispute you also continued to record inaccurate data with the credit reference agencies, this is in breach of Principle 4 of Schedule 1 of the Act ‘personal data shall be accurate and, where necessary, kept up to date’

You also state that capital one confirmed a dispute regarding fees and charges; this has been in dispute since Thursday, 08 March 2007 and is not a recant dispute.

I now require you to compensate me for your action in relation to this account as set out

. Reimburse my costs in dealing with this matter:-

A/ 2 letters received, 5 minutes per letter @ £10 per hour =£1.60

b/ 2 letters sent, stationary, postage, preparation time 1 hour per letter @ £10 per hour =£1.60

C/ Submitting complaint to the FOS, stationary, postage, preparation time 4 hours @ £10 per hour= £40.00

Total for costs = £ 43.20

2. Pay compensation for

A/ the distress caused by the use of unfair business practices= £500.00

B/ damages for breaches of the Data Protection Act= £500.00

C/ damages for harassment =£500.00

D/ damages for incorrect information being recorded with credit reference agencies= £500

Total for damages = £2000.00

If I do not receive acceptable offer within 30 days I will continue to seek judgment from the Financial Ombudsman service

[dannyboy660]

"Due to an unfortunate administrative error....."

 

In plain English that means debt collection is one way traffic. They send out threats and demands by the thousands but pay little, if any notice of correspondence received in response.

They are a Call Centre operation who make mistakes and breach guidelines over and over again, and when they get caught out, as they increasingly do, it's always a "regrettable admininstrative error", "unforseen system failure", or they were "acting in good faith". The sooner this shower of merde lose their license, the better.

 

Well done on the victory though - absolute proof these companies buy any old rubbish without knowing anything about the background, and start threatening for payment before the correct legal instruments are in place..

[Undercover-Elsa]

Well done Lenny!

Hope you get the compensation you deserve. If it was the other way round they'd be adding costs magic'd out of thin air.

What price can you put on sleepless nights?!

Best of luck,

Elsa x

[lenny100]

I forgot to as this little tit bit i put in all leters i sent to them

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Capital One and has been since November 2007 and I have already sent a letter to Frederickson on the 26 February 2008 and Bryan Carter & Co. on the 23 July 2008 after which Both Company’s acknowledged this fact when i have complained to them about collection activity

[dannyboy660]

I forgot to as this little tit bit i put in all leters i sent to them

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Capital One and has been since November 2007 and I have already sent a letter to Frederickson on the 26 February 2008 and Bryan Carter & Co. on the 23 July 2008 after which Both Company’s acknowledged this fact when i have complained to them about collection activity

 

 

That's it though Lenny, they play "pass the sugar parcel" with debts and each DCA has a go at getting someone to pay up.

When it comes to the crunch, like a court case, the chances of them having all the correct docs etc are virtually zero. Some people actually need a court hearing to get themselves back on track, but DCA's and purchasers, for the most part, seem to deny you that right.

 

At some point in the future I'm convinced that OC's will be forced to maintain the relationship with the debtor, thereby cutting out all this unneccessary farcical 'collections industry' that is more suited and wouldn't look out of place in the mid 19th century.