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Claiming charges from Cap One plus default removal from Lowells


stunner
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Hi,

 

I am reclaiming my charges back from Capital One which totals to about £300.

 

I sent them the prelim request letter to Cap One asking for it back including the default removal placed by Lowells (DCA) who bought the debt off them.

 

Now Cap One has responded to refund the difference of £20 to £12 and that they have contacted Lowells to reduce my balance accordingly (which I will send a rejection letter and accept only as a partial payment and I will go for the rest) however, regarding the default, Cap One says:

 

"As we have sold your account, we don't report anything about it to the Credit Reporting Agencies. As the Lowell Group own it, its their responsibilty to report on this debt".

Now that I am ready to send the rejection letter to Capital One, shall I add the default removal (they instruct Lowells to remove it as they have told Lowells to reflect the refund on the account) if I do add this how do I word it in the rejection letter, or shall I just deal with Lowell in regards to the default???

 

Always appreciate your help:)

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Did you CCA CapOne and/or the DCA?

 

If neither of them have a valid executed agreement, then you never gave CapOne permission to process any data relating to you.

 

If this is the case, they had no right to add entries about you in any CRA files and no right to pass your data on to the DCA.

 

Don't let them fob you off with an "agreement".

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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yep. you need to track when this was added to your CRA

experian should have this info.

just be aware that if the 'default' was not soley due to charges, then it might not be possible

 

dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx & Alpha,

 

I have been defaulted for about £500 of which 80% is charges, it was Lowells that registered the Default with the CRA's as they bought the debt off Capital One, therefore is there any chance of the default removal that way??

 

Also I have not CCA'd neither of them yet as I have just sent the rejection of offer letter to Capital One.

 

If I have no luck that way for the default removal then I will CCA them and go down that route.

 

cheers.

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I just think if they don't have a valid agreement then your case for refund of charges and default removal is all the stronger. Got to be worth £1 plus postage to find out.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Letter N

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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