help please new to this

[lensue]

hi hope u can help we have recieved 3 letters now 1 from lowell portfilio saying they had bought an old debt off capital one. this is an old debt of my husbands (before we met) he thinks its about 6 yrs or nearly since he made any payment on it. The max limit on card was about £250 they are asking for £789. The last 2 letters were from lowell finanical. I have read lots on here and just sent the cca letter today with a £1 cheque. So am just waiting for them to reply now. My husband moved around alot and so if capital 1 had been trying to write to him we would never know so wonder how we stand on that. sorry if i sound a bit thick but this is all new to me and a bit worried these letters are scary. one good thing is they dont have our phone number so havent had any nasty calls like a lot of people seem to have had.Thank you for listening to me

[reduk054]

Hi Lensue, welcome!

Sounds like you have done the correct thing regarding the CCA letter and cheque (hope that you sent it recorded!).

When/IF you receive the info back from Lowell then you can see when the last payment was made. Of course Lowell F may direct you back to Capital One if they cannot provide you with the CCA.

When you have established who is going to be dealing with the debt, then post on here again, using this same thread.

It may be worth while looking at the Limitations Act regarding old debt. i will try and find a link for you and post.

The letters are scary agreed, but this site highlights the scare tactics used by the DCAs and I have been in tears before I knew my rights!

Hope this helps a little!

Red

[reduk054]

Firstly Lowell Financial do appear to be in this forum quite prominently, and I have read that they did cash someone's (think it was NoddY) £1.00, so it will be interesting to see what happens with you. I do not know if the other user's (Noddy?) debt was with Capital One or not though?!

I was interested in old debt as well as I took out a loan with the Halifax some 10 years ago, and they are still chasing me, even tho' I have not paid anything recently.

Diskmandave gave me the following reference to the

The Limitation Act 1980:

I asked the question how long are you liable to the debt for?

"6 years from date of last payment or acknowledgement of debt in writing signed by the debtor."

Not sure if this helps you or not? Guess you will have to see what Lowell Financial reply with?!

Regards

Red

[diskmandave]

Diskmandave gave me the following reference to the

The Limitation Act 1980:

I asked the question how long are you liable to the debt for?

 

"6 years from date of last payment or acknowledgement of debt in writing signed by the debtor."

 

Not sure if this helps you or not? Guess you will have to see what Lowell Financial reply with?!

Probably the standard stuff that everyone reports that they send

Regards

Red

 

Nice to be quoted for good reasons for a change 8)

 

Here's my battle with LF.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

[reduk054]

Diskmandave, you are a very helpful and knowledgeable man!

Proud to pass on the help that you kindly gave to me! Thank you!

Lensue - see! Help is at hand - just keep us posted!

[pmhcfc]

Diskmandave, you are a very helpful and knowledgeable man!

 

Proud to pass on the help that you kindly gave to me! Thank you!

Lensue - see! Help is at hand - just keep us posted!

 

 

OOOer Red..Up your font size please lol..We're not all young whippers with great eyesight :grin:

[reduk054]

Sorry PMHFC, when I post a quick reply I cant select the font size (either that or my eyesight is so bad from squinting in order to read my own typing that I am missing the button!)

LENSUE, pleased you are finding the help that and support that you need!

Red

[pmhcfc]

Sorry PMHFC, when I post a quick reply I cant select the font size (either that or my eyesight is so bad from squinting in order to read my own typing that I am missing the button!)

LENSUE, pleased you are finding the help that and support that you need!

Red

 

Fanks Red.. can read it now without having my nose against the screen lol

[lensue]

hi. have just recieved another letter from lowell financial. it says we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974

We also in recipt of the prescribed fee from you.

we are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

while we endeavour to reply to you with the reequired information within the prescribed 12 days period under the consumer credit act, you will appreciate this is dependant upon receipt of the information from the original creditor.

we will advise you further if it will take longer than the prescribed period.

yours sincerely

andrew bartie.

 

could you please tell me what that means and what do i do now. just wait?

[PriorityOne]

It means that they haven't got it... which is good news for you because they will probably default. No need to write.... just wait.

 

[lensue]

thank you one. can relax untill the next one arrives lol. cheers again.

[reduk054]

Hi Lensue, its gone quiet! Take it that Lowell have defaulted (ie not provided you with a copy of your CCA) and also nearly gone past the calender month? Fingers crossed

Red

[lensue]

hi red thanks for your message yep all quiet they recieved letter on 20 march so half way into the last month so fingers crossed they wont send me anything. will keep u updated if or when they send me anything. Thanks for remembering me hope all is ok with you and your fight.

[reduk054]

Thank you Lensue for the post and the update, even if nothing has happened, you know what they say "No news is good news"

I will keep my fingers crossed for you.

My battles continue, some with better results than others, but if I had not found this site I would be really stressed!!

Thank goodness for the CAG :)

Happy Days

Red

[lensue]

hi been a while since been on as have had no new from lowells, that is untill today when we recieved a letter from beneficial finance, the letter just says

dear sir re; agreement number *********

we have been attempting to contact you at a previous address held ( he's not been on the electrol roll for years untill last year) however we have been unsuccessful.

we have accessed public informantion in order to ascertain your current address (as shown on this letter) and believe that it is your correct current address.

it is important that you now telephone us on the number shown at the top of this letter, as we hold the above agreement at the address shown, and we need to explain this in detail to you.

if you beleive this is not your account then please telephone within 21 days on 0800 028 0773 to avoid this account being registered against your name at credit bureaux. we look forward to hearing from you

 

yours faithfully,

 

now has anyone heard of this company and do they have anything to do with lowells, or have lowells sold it on because the month is nearly up before they commit offence. please any help would be appreciated because getting very stressed now. ps the month is up on 5 may

[reduk054]

Hi Again Lensue, interesting twist in your tale.

Firstly -DO NOT PHONE BENEFICIAL FINANCE!

I do not know if there is a link between them and Lowells, I will see what I can find out for you!

I think that your hunch regarding the deadlines is probably correct, and I would get your CCA letter ready for Beneficial, so that you can post to them.

Dont panic - we are here to help!

Red

[lensue]

thanks red. just realised but its not beneficial finance its thames credit limited, , cheers again for you support

[reduk054]

Ahhh, well yes I have heard (but not dealt with personally) Thames Credit. I have a thread of mine regarding 1st credit and CAG user Stormo has had a successful dealing with Thames Credit - all the deadlines have passed!! So this may be good news for you!

If it is ok with you I could ask Stormo to PM you? Or could point Stormo over to this thread!?

In the meantime I absolutely do not allow you in any circumstances to phone these DCAs - any communication in writing only!!

Stay strong, happy to help where I can!

Red

[lensue]

yes please red either pm or on this thread i dont mind either way what ever is best for him

[reduk054]

Lensue, click on the link to read about Stormo's dealings with Thames. The thread has not quite been updated, but I know that the calendar month following the 12 days has expired, and I will send a message to Stormo to see if there is any advice to pass on to you, my advice get that CCA out asap, along with another £1.00 Red (permalink)

[lensue]

have just looked carefully at the letter recieved and they are part of the aktiv group. as it doest say what the debt is for or for how much for do i just wait for more letters to arrive or send cca now. also is i have SAR cap 1 how do i do this without knowing my hubbys account details ect do i just put his name and that should be enough. I dont know if lowells have sold this on or if this is a new debt, as no imformation in the letter from thames credit/aktiv.

[reduk054]

hi Lensue, send your CCA request to Aktiv/Thames Credit now. Make sure that you do NOT acknowledge any debt what so ever to them, & enclose the fee of £1.00.

With the SAR you will need to confirm hubbys address, DOB and full name, they may come back to you for more info.

Red

[lensue]

hi red, thanks for your reply, do u mean this present address or the address he was at, at the time he took the credit card out?

[reduk054]

Do you still have mail delivered from your old address, and where were your letters from Aktiv/Thames sent to ?

Red

[lensue]

well good news, got letter today from lowell's, its as follows

 

dear mr ******

 

our ref; *******

original creditor; capital one

balance outstanding £791

 

following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act.

after liaising with our cllient in an effort to obtain this document we have been advised that it is no longer available. under the circumstances, we have closed our flies in relation to this account which has now been returned to our client. we can confirm that no further contact will be made by us regarding this account.

 

we trust that the above clarifies matters for you,

 

yours sincerely

 

andrew bartie

cheif opertions officer.

 

So all we have to do now it wait for ackiv/thames to start with the threatening letters which am sure they will and do the same thing all over again, and if the agreement is no longer available theres little hope for them is there.