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bgqs v Lowell Financial (Capital One)


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I have done a bit of reading of other threads and decided to open my own.

 

Lowell Financial are chasing a (alleged ;)) debt that was passed onto them from Capital One.

 

I CCA'ed Lowell Financial and they have sent me a photocopy of the signed application form.

 

Firstly, despite the amount of readin I have done, it is unclear whether this is acceptable. It contains no terms, APR %. It is titled "Application Form" and the box in the middle says "Credit Agreement Regulated by the Consumer Credit Act 1974". Have they complied with my CCA request ?

 

If they have not, I have read that it is best to not reply to this letter until

the CCA request period (12+30) has expired. Is this correct ?

 

Please help...I am in need of a bit of guidance on this one...

 

Thanks

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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hi there

 

if they have sent you an application form and it doesnt contain all of the prescribed terms, simply send them this

 

 

I refer to your letter dated xxxxx

I note that you have sent me a copy of the application form for this account.

 

However, on the (DATE YOU SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (IF THIS IS THE WAY YOU DONE IT).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA (AGAIN ONLY PUT THIS IF IT APPLIES).

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

 

Yours faithfully,

hope this helps!

Kenny

PS - i hate lowell!

  • Haha 1

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Excellent that is just what I have been looking for Kenny...and no Ben, I have not SAR'd Cap 1 as would that not be construed as acknowledgment of the debt ?

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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This maybe a course of action worth considering as you maybe surprised at just how much was levied against you.

I know I was, especially when CI is added in for good measure.

Be VERY careful whose advice you listen too

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I was going to get Lowell to satisfy the CCA request fully before attempting to claim any charges that are on the account....This would of course be on the premise that they can satisfy the CCA fully !

 

The signed application form is dated 26th July 2001 !

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I have added this in for good measure:

 

You have also failed to send an assignment of deed which enables you to claim the alleged debt. As previously stated, I do not acknowledge any debt owed to yourselves.

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I think I will try that but wouldnt it be taken as acknowledgement of the outstanding liability ?

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I think I will try that but wouldnt it be taken as acknowledgement of the outstanding liability ?

An SAR is a legal request for whatever information Capone may hold on you. It in no way admits whether you owe them anything

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Thanks....I will send that first thing tomorrow...:D

Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Well i thought id join in as im getting the odd letter from lowells now i did make the mistake of ringing them and it was pointed out that the debt was from 2000 and that was when the last payment was made , i didnt even admit that i was the same person as im at a different address now , theyve made no attempt to get me by phone though although my phone wont accept withheld numbers , with the last payment being in 2000 i think my next course of action is a statute barred letter as it is over 6 yrs ago ,

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Rameses, I really don't think you are in the right forum. It might be better if you stopped your innane comments which are probably causing people even more hurt than what the DCA has put them through already. For your information DCAs would do much better if they treated people with respect...and so would you!

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Rameses, I really don't think you are in the right forum. It might be better if you stopped your innane comments which are probably causing people even more hurt than what the DCA has put them through already. For your information DCAs would do much better if they treated people with respect...and so would you!
Well said it bwould appear that he/she has never been on the receiving end of harrasment calls from some of the DCAs mentioned on here

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this is not the place to talk about morals or healing/feeding the soul, this is not the place of anyone of us here to judge, whatever reason someone has for dealing with debt the way they see fit is up to them, not up to us.

 

 

my point

 

CRACK ON WITH WHATEVER YOUR COMFORTABLE DOING!

 

Kenny out.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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If you agree you owe the money, although stat barred, why not do a full & final? Better for your soul than evading a debt?

 

there are many reasons for people being in debt of which a very small minority will be playing the system for imoral reasons and if the DCA s realised this and stopped treating everyone as if they were part of this minority then they could claim a little moral high ground

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Hi bgqs,

exactly the same happened to me. I recieved a copy of an application form on the 12th april. so I wrote a letter, as described above, and have not recieved a reply, so today, I have written again to "remind" them of thier obligation.

I shall continue to harrass them untill the 12+28 days have passed. Then I shall submit a report to the relevent authorities outlining thier activities, and demand a refund of £1.00 + postage !

The chances are, if we challenge them, and not let them get away with it, they will back down eventually.

They obviously do not have access to the paperwork or it would have been sent.

After all. an application form is exactly what it says, it does not mean that you have been accepted for credit, merely that you applied.

 

Whizzard.

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why assume I work for a DCA. I am sick of people evading debts, simple as that.

 

If you know you owe it, pay it. Why ask for an application form? Simply hoping the creditor cannot get one to avoid paying I suspect. Convenient how so many here 'forgot' they owed a debt. Odd how after borrowing £5k or whatever, stopping paying, ignoring creditor and DCA letters, and changing address suddenly causes memory loss.

 

Stat barred? Still a debt. Even if it cannot be enforced just pay up! Its still outstanding isnt it?

 

If yoou owe it, pay. Simple?

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why assume I work for a DCA.:rolleyes: I am sick of people evading debts, simple as that.

 

If you know you owe it, pay it. Why ask for an application form? Simply hoping the creditor cannot get one to avoid paying I suspect. Convenient how so many here 'forgot' they owed a debt. Odd how after borrowing £5k or whatever, stopping paying, ignoring creditor and DCA letters, and changing address suddenly causes memory loss.

 

Stat barred? Still a debt. Even if it cannot be enforced just pay up! Its still outstanding isnt it?

 

If yoou owe it, pay. Simple?

Oh if only life were so simple. No-one takes out a loan with the intention of finding a legal way of not having to pay it. The VAST majority of people get into debt because of everyday things like divorce, unemployment, illness, accident, etc etc. Most of us have approached our original creditors to try to negotiate some amicable resettlement usually find they pass the debt on for a small percentage to the DCAs who in turn whack on huge charges issue threats etc instead of coming to a realistic settlement which leaves both sides happy. You obviously have never been in the position some of us have. That is why the CCA 1974 was issued to give the ordinary man in the street some rights to for when they fall on hard times. I suffered a serious ilness some months ago whic resulted in me losing £1200 per month. So yes I would pay back what it can be proved I owe. I tried to negotiate but they dont care. So in summing up I glad you are happy in your life your marriage is strong and you are perfectly healthy and therefore able to meet all your committments.

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I think you will find that was NOT the reason. It was to protect those who are the victims of lies. Such as made up contracts, incorrectly charged interest etc etc. Not to allow those who knowingly signed a TOTALLY VALID agreement and were charged the AGREED interest and fees and charges to get out of paying what they do really do owe.

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