Hi, hope someone can help, in 2009 I got into difficulty with cap one and I sent CCA request didn't get it just t & c since then other companies have tried to get money I just so no CCA they've gone away. Got a letter from Lowell's saying they've taken over the debt and to pay in full!! Have noticed they've checked my credit report a couple ofweeks ago and today lowells have defaulted us from today, so does that mean the clocks ticking again now? Because cap one Have gone off the credit report. We've ignored Lowell's so where do we go from here. Any help is much appreciated. Tia.

A while ago now, my husband received a Claim form issued by Lowell in respect of an old Cap One debt. I acknowledged receipt and the submitted defence at last minute - using standard haven't got a cue what your talking about defence. We had received no paperwork in respect of this for a couple of years or more. The amount they are claiming is less then £400 and to be honest I thought they would just go away as in often the norm with Lowell/Bryan Carter. We agreed to go through with a mediation call, however that never happened as they called the day that we were going away. Then received letter from court to say that they had advised that Bran Carter must produce all docs by a given date or they would dismiss claim. To my amazement they have actually sent some paperwork. As a result I now have until 15/10 to submit a defence again. I have read a zillion threads but I'm lost and would be grateful for some help. Apologies for leaving it until the last minute, I just honestly thought that they wouldn't fight for such a small amount. We have received a copy of an online agreement, a statement of the account, an assignment notice and a letter introducing Lowell. Don't remember ever having seen any of these before. There is no copy of a default notice. I was wondering if I could I some way bring the PPI into the defence. The box has been ticked on the online application - but PPI would have been no use to husband as he was self employed

Name of the Claimant ? Lowell Portfolio LTD Date of issue – 19/05/15 What is the claim for – The Claimants Claim is for the sum of £400 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on xx/07/2014 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. and the claimant claims £400 The Claimant Also claims statutory interest pursuant to S69 of the county act 1984 at a rate of 8% per annum from the date of assingment of the agreement to date, but limited to a maximum of one year and a maximum of 1000 amounting to 25.00 What is the value of the claim? £510 (400 + 25 interest +35 court fee + 50 Solicitors cost) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not to the best of my recollection Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Husband became unemployed What was the date of your last payment? unknown, quite possibly over 6 years Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, they weren't interested

Christmas advertising Insight comes early The themes and images surrounding and associated with the festive season provide ample opportunity to create memorable and impactful ad campaigns. But some yuletide words of warning, the ad rules are for life, not just for Christmas. For instance, promoting a casual attitude to using a loan to fund Christmas spending is likely to be seen as irresponsible. Be good for goodness sake, read on to find out how. So if we see anything we think could be irresponsible we should report it to the ASA.

I have to day received a letter from FPC Debt Collection Services, which I note is part of Fredrickson International. It gives a reference number, and informs me that they have made tracing enquiries for confirmation of my current place of residence and that I should phone them to discuss the matter further. I am fairly sure that this relates to a Capital One account (pre-2007) which was in default around 6 months ago. I have recently changed address and had not updated it with them. As there is no specific mention of what the debt is I am assuming this is a preliminary phishing type letter, I was initially tempted to phone up and ask for the details, however I thought I had better post on here first. How should I proceed with this? Thanks Rob

We have been chasing Capital One since March 2012 trying to get PPI money back but to date no success. Because of my ill health and poor postal service in my area, even the FOS has decided not to help us Everything was down to time limits and when I got ill, all timings got put aside. Now, Neither Cap One or FOS want to help. Cap One have been charging us PPI since 2002. Has anyone got any good ideas or should I just forget the whole thing

Hello this is going to be a really rushed thread because I decided to try and go this alone, but think I have made lots of mistakes I had a claim form through with the claimant: Cabot Financial (uk) Limited with the address for sending detail as: Restons Solicitors Limited I asked the court and they said all documentation and payments needed to be sent to Restons. I sent my CCA request there to which I have received this reply: Dear Madam Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to receive it. Please ensure that all documentation is signed failing which we will not acknowledge receipt not provide any response. Yours Faithfully Mr S Bray, Litigation Executive pp Restons Solicitors Limited I think i have not only messed up by leaving it so late....my defence is due tomorrow, but the court recommended i send it today, but also by only sending a CCA request and nothing else. I spoke to Restons on the phone and they said i should have sent the CCA request to Cabot not Restons. Have i also messed up there? The court said that if a company has a solicitor working on their behalf then all correspondence and any payment should go though them. Although there was no mention of this in the letter, Restons only told me that on the phone! If there is anyone there ASAP that could help with what to write in my defence, which I have to fill out today, i would be forever grateful. Or do i even have a defence now?? thanks in advance Linzi x

Mobile phone users will be protected from massive bills when their devices are stolen after five operators agreed to introduce a £100 "liability cap". EE, O2, Three, Virgin Media and Vodafone have signed up to the measure. Some customers have faced charges of thousands of pounds because of usage by thieves. The cap will be activated when a phone is reported lost or stolen within 24 hours of going missing. The government said it had secured a deal with "real benefits". The Citizens Advice Bureau (CAB) said the measures would bring "much-needed relief" to consumers targeted by phone fraudsters. http://www.bbc.co.uk/news/uk-32005851

I know from experience that Capital One are not going to give in easily and more likely to refuse point blank to my claim for mis-sold PPI. However, back in the early 2000's I took advantage of what I recall was an automatic acceptance short application process to their credit card. I was working full time in a well paid job which from memory had a good sickness plan for management employees. However the organisation has been long taken over by various companies and I wouldn't have access to evidence of this. I have sar'd Cap One and recieved some information but they have NOT sent a copy of the original agreement or application form so I will not be aware if I did or didn't accept PPI. I remember back then that their marketing strategy appeared to infere that if you didn't take out PPI the loan or card would not be approved, but I don't think I can prove that after all these years.I know I wasn't asked any medical questions and I now know that pre-existing conditions would not be considered. Therefore, I believe I would have been exempt. There was also an annual membership fee applied to the account, including an upgrade fee all of which were £29. If PPI was mis-sold shouldn't they refund the membership fee as well? (1) Should I write back and try to obtain more information on my application form/agreement etc? but based on experience I expect to get the usual fobbed off excuse and it will be wasting my time. (2) I know from personal experience that the court route with these highway robbers will be stressful so I am wondering how long it will take if it ends up with going the FOS route and what interest would be applied? Any guidance or help would be very much appreciated. Cheers

i sent crap one aletter offering payment. having been in a dmp i decided to leave it as it wasnt working. i recieved this: I refused to provide them with a signiture. Then i get this: i then sent them a cca request and reminded them that i had sent one to crap one which they hadnt responded to. Then this: Then this from crap one: they had until the 28th sep to provide this. I have NEVER recieved a credit agreement from them. What theyve sent is barely readable.The t n cs are on a seperate piece of paper. Ive noticed the ppi isnt ticked or signed yet theres ppi on my statements. No idea what to do next? Sar them? claim chages ppi? i should imagine this would more than cover the debt and then some. Also fred havnt provided a cca or returned the po

Just had a letter from FOS upholding my claim against Capital One, it was rejected twice by Cap one, saying I had ticked the box therefore I knew what I was buying.... But I work in the public sector with an excellent sick pay scheme, and did 10 years ago when I took out the card. Should be an interesting pay-out, a 2000 limit that over such a long time So don't be put off just keep at them :-D:-D:-D

Payday loan charges cap announced by FCA http://www.bbc.co.uk/news/business-30000472

Hi how many times can a £235 liability order fee be charged on the same liability order? is it just the once? what additional fees after the LO fee can be charged? i.e. is there a charge for each visit? is there a link anywhere that refers to all charges a LA can make since the recent changes(?) where collection for council tax debt is 'in house' there is a bit of a row in the family about this, we are all a bit ignorant about the facts. Many thanks

We have started receiving letters from Lowells re a Cap one account. In March 2010 it was being handled by another DCA and we requested a CCA from Cap one. They didn't provide one, but provided terms and condition and a reconstituted copy of the agreement. I then sent an account in dispute letter and they replied sending the same reconstituted agreement. It was shortly taken back by Capital one and nothing was heard from since, until Lowells and hamptons started chasing, as I believe they have done to others lately. I haven't been around for a while, does the bemused letter still apply these days to send to lowells, or can anyone suggest anything else. I know things have changed and want to get it right Thank you

I wonder if anyone can help. I had a Cap 1 CC account from before 2007, that was defaulted. I sent them a cca request last year, after they failed to respond within the statutory 12 + 2 days, I sent them the 'account in dispute' letter. They eventually supplied a copy of an application form, with no terms and conditions either within, or attached to it, a 'made up' reconstituted agreement, and terms and conditions at default. Now it is my understanding that they would require the Original Agreement to be able to enforce this in Scotland? am I correct. I received two letters, one from lowells telling me that they had bought the debt from cap 1, and a letter 'perporting to come from cap1, saying they had sold the debt. The weird thing is, that both letters arrived together, and they were both addressed to the wrong address. Now this is obviously against the law, to send private and personal information to an incorrect address, so who do I complain to? ICO and who else. Having done a bit of reading on lowlife, it seems that they will go to court with no paperwork, so need to watch this one. I received the first automated call from them this morning, so it begins! So, I really need some advise, is there any point in requesting another cca from lowlife? should I write and let them know that to date, no original agreement has been received, and that the account is unenforcable? many thanks, tom

The roaming charge cap takes effect from tomorrow – 1 July – and will lower costs for people travelling within the EU. Under the new rules the maximum charge for outgoing calls, excluding VAT, will be 19 cents per minute, six cents for outgoing text messages and 20 cents for a MB download of data. However, the new caps only apply when you use a mobile within the EU. Worryingly nearly half of mobile users who have been abroad in the last 12 months said they didn’t know that the price caps don’t apply to the whole of Europe. If you’re travelling further afield you could still suffer from bill shock on your return, unless you plan beforehand. What should you do to avoid huge charges? For starters, don’t download films, games or music abroad. Do it through home wi-fi before you leave. But the most crucial thing is to turn off data roaming on your phone or tablet. Look up your model on the internet before you travel to find out how to do this. It will stop the automatic downloads of updates, which can really cause a huge bill. Then find out about data roaming bundles or buy a local SIM when you arrive abroad for cheap-rate calls. Ofcom, the regulator, has made a series of helpful videos explaining how to avoid racking up bills. Go to Consumers.ofcom.org.uk/2013/03/how-to-mobile-guides/. http://blogs.independent.co.uk/2014/06/30/bill-shock-new-roaming-caps-benefit-mobile-users-in-the-eu-but-not-elsewhere/

Finally found the right thread to post in: Just as I was happily paying off my debts, and the defaults removed from my credit file, I feel like I am back to square one. I have had my hours at work cut severely so cannot afford to pay my credit cards on a monthly basis. I owe money on ( £2,500) Capital One. I would like to take the bull by the horns and set up a payment plan, but am unsure how to do this. With capital one, I telephoned their payment plan line, and if I decide to close the account they will setup a payment plan. Do I need to send them my income/outgoings? I have read different things on this forum so am unsure whether I can just tell them how much I am going to pay, or if they need to see proof of what I can afford. Any direction that you can point me in will be deeply appreciated as I have not done this in awhile so feel really stuck.

Showing Thursday April 10th at 9:00 PM http://www.bbc.co.uk/programmes/b040rdf3

Hi all... This is relating to one of 'my' current problems. The short history details follow: Credit Card with Captial One for many years. Balance - £1986.28 I'm self employed and things slowed down a couple of years ago. In 2010 I sent all the requested info to them and they agreed to me making monthly payments of £5.00 which ran for some time. No defaults as far as I remember. Later, out of the blue I received a letter from 'CapQuest' who made all the usual threats Etc. After contacting them they informed me that they had taken over the debt. So I pleaded my case again. Eventually they agreed in writing that I continue to make £5.00 monthly instalments. Letter dated 18th Feb. 2011. It mentioned that it would be under review at their descretion Etc. That's the short history.... So on 6th June 2012 I receive a letter saying that they regret I have chosen not to deal with this matter despite previous communication..... So to assist me in clearing my indebttedness they would like to offer a reduction in final payment and would I call them to arrange this final payment. Then the usual legal threats of Baliffs Etc.. Etc... Upset by all of this I did some research, some of the info was gleaned from here and I wrote them a reply and sent the PO £1.00. Copy of my letter follows: (Sorry it's long) Michael Daniels, Capquest Group Ltd., Fleet 27 Rye Close Fleet Hampshire GU51 2QQ **My Address* 13/6/2012 Dear Sirs, OUR Ref: [EDIT] With regard to your recent letter sent to me dated [EDIT] regarding my account[EDIT] I do not acknowledge nor accept that I have defaulted on any payments to your company as set out and agreed in your letter dated [EDIT]. I also dispute the statement set out in the first line of this recent letter from you. In response: For your information, all communications regarding this matter must be in writing for Court use. Personal callers will neither be admitted nor spoken to. Telephone calls will not be answered or acknowledged. If your telephone calls continue, then legal action may be taken and/or a complaint will be made to the Office of Fair Trading under section 40 of The Administration of Justice Act 1970. I will continue with the agreement as set out in your letter[EDIT] but as a result of the above I am formally giving you notice that I now request a full copy of the original credit agreement AND a copy of the FULL statement of accounts on a/c: [EDIT] You are required to supply the following: 1. You must supply me with a copy of the agreement you refer to. This is my right under your obligation to supply a copy of the agreement which is s.78 (1) CCA 1974 (s.77 (1) for fixed sum credit) - your obligation extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee. 2. You are also obliged to supply a copy of the deed of assignment of the above referenced agreement. 3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not. 4. This information should be supplied to me within 12 working days of the date of this letter I understand that under the Consumer Credit Act creditors/agents are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under this section of the Act. I also request a full statement of account detailing this account and showing how the sum alleged to be owed has accrued to date. Failure to comply with my request will result in a report being submitted to the relevant statutory authority. I await your response in writing. Yours faithfully, G ********** PS: Please do not make futile attempts to gain my signature by returning this letter as the above personal mark is legal. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78request. If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you. However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why would it have taken so long to raise this? As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998: 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. My request for a true copy of my credit agreement under section 77/78was made on 13/06/2012and the 12 working days for your compliance expire on 29/06/2012. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity. ------------------------------------------------------------------------------ On 14th June I received a very short note from CapQuest simply saying "Than you for your recent correspondance. We can confirm that a copy agreement and statements have been requested from our client and these will be sent to you wnen receved." On 15th June, another letter from CapQuest saying that due to my contact and request for further information the above account is now on hold for 28 days whilst we obtain the information required. And thats about it...... So, what do I do next? One thing I did notice on my old statements from CapitalOne was that I had been paying PPI. After ALL the cr*p CapitalOne & CapQuest have put me through (a lot not mentioned here) I really would like to claim anything I can from them. They are like maffia. Any advice would be appreciated and I apologise for the length of this post (just thought all the info in one make it easier) G&J

Just a quick question: I have a Cap One card with a spending limit of £500. I have never, ever missed a monthly payment and I have never gone over my limit before. With Christmas shopping my balance on the card had reached £491 which I then planned to pay off throughout the year. Unfortunately, Cap One then added their monthly interest charge and this took my limit to £503. Because they said I had now gone over my limit they then charged me a further £12. Surely they can't charge me for THEIR monthly interest taking me over my limit, can they?

A cap on the cost of bills from stolen mobile phones is to be introduced after the government reached agreement with four operators to end "shock bills", the culture secretary Maria Miller will announce. As the government steps up its response to Labour's campaign on the cost of living, Miller will say that the four mobile phone companies have also agreed to stop unexpected price rises in the middle of a contract. The agreement with EE, Three, Virgin Media and Vodafone is almost identical to the plans outlined last week by Helen Goodman, the shadow communications minister, who announced plans to end the "great phone rip-off". http://www.theguardian.com/politics/2013/dec/03/stolen-mobile-phone-bills-cap Here are details of the new measures to protect mobile phone users from "shock bills", which are expected to be enforced from next spring A new liability cap - expected to be £50 - on mobiles that are lost or stolen A right to be informed if prices rise mid-contract A right to break off the contract without penalty if they don't want to pay higher rates BT, Sky and TalkTalk have agreed to support Government efforts to eliminate EU roaming charges by 2016.

received a letter in august indicating that i was not entitled to receive any compensation relating to the cap margin and i should accept this in writing. i have not done so and wondered what others had done relating to this

Labour wants payday loan price cap brought forward The FCA will take over payday loan regulation next April after the Government suffered defeat from Labour amendments to the Financial Services Act 2012. The Government amendment states the FCA will only introduce the payday loan cap on 2 January 2015, giving it time to consult on how to implement the cap. In its own House of Lords amendment, published today, Labour wants the date brought forward to 1 October 2014. Labour says the cap must be in place in time for next Christmas, highlighting Money Advice Service research showing more than one million people take out payday loans for Christmas. http://www.moneymarketing.co.uk/news-and-analysis/politics/labour-wants-payday-loan-price-cap-brought-forward/2004156.article The cost of payday loans will be capped under a new law, George Osborne announced this . Sadly, he failed to tell the City watchdog which is currently reviewing the high-cost credit sector. The Financial Conduct Authority (fca) has been forced to hastily arrange meetings in the next few weeks with consumer groups and debt charities to discuss the practicalities of a cap. The Chancellor apparently caved in to demands to impose a cap in order to avoid a threatened parliamentary rebellion which was backed by the Archbishop of Canterbury, Justin Welby However, behind the political blustering is the fact that it will be more than a year before any cap will be introduced. At a debt discussion I attended in Westminster on Thursday, Christopher Woolard, director of policy, risk and research at the Financial Conduct Authority, revealed that a cap on the cost of payday loans won't be introduced before 2015. http://www.independent.co.uk/money/l...h-8973896.html Just found this,so at the moment it seems it will be another Christmas at least before anything is done. An opposition move to bring the date forward to October next year was rejected by 163 votes to 100, Government majority 63. Labour's Lord Mitchell said this would have prevented another "rip-off Christmas for consumers". But Lord Newby said the FCA was going as quickly as it could and must be allowed to "get it right". Opposition spokesman Lord Eatwell warned: "The Government has been dragging its feet for four years and it is really incumbent to take swift action." http://www.moneymarketing.co.uk/news-and-analysis/politics/labour-wants-payday-loan-price-cap-brought-forward/2004156.article What was hoped for.Stopping the legal loan sharks targeting communities for another Christmas. It is little known that the payday lending companies are getting financial support from the City. I had read that Barclays had lent Wonga over £250 million, but when I investigated further I found that the number was very much higher. If you consider what the clearers in total and the other financial institutions lend to all the payday lending companies the number we are talking many billions of pounds. The City purports to have washed its hands of this grubby sector, but in truth they participate, using payday lenders as surrogates. Of course i may appear impatient,maybe the FCA does need another year to get it right. In that case the thought is. House of Lords kneecap payday lenders. One more year of 6,000% then no longer Wonga. Good day on the planet. Or-Not much longer, Wonga. http://www.labourlords.org.uk/90-day-challenge Just in case anyone wants to listen Peers discuss cap on interest for paydayloans and anti-money laundering compliance as banking reform bill continues Starts about 21-46 http://www.parliamentlive.tv/Main/Player.aspx?meetingId=14355

Hi i am after some help with this issue, i received a letter telling me that i was one of the mortgage people that had been unfairly capped, Santander said they would be in touch between July and Autumn, i have recently had a letter telling me that because i was in arrears with my mortgage in 2008 i would not have been able to move to another company, so i am not entitled to any compensation,

I have been getting debt letters re the above for the past 3 years for a debt I know nothing about, there is nothing on my credit report, and all I can imagine it relates to is something from 19 years ago, which I am sure I settled before moving to my current hour 10 years ago debt free. I sent them a CCA request 2 weeks ago, and received the following response; We refer to your request for documentation relating to the above account. As we previously advised, AK is not in possession of the documents and we therefore put forward the request to the original creditor. Unfortunately we have been advised by the OC, that the documentation is not available at this time and we apologise for being unable to fulfil your request. Please be aware that whilst, at this stage we cannot provide the documents, you have asked for, this position could change in the future at which point we will of course contact you further and supply copies to you. We appreciate this may not be the response you hoped for, however if you were to confirm the reasons the documents were required we may be able to assist you further or alternatively consider your proposals. Your account will shortly be returned to our collections department. you will then be able to arrange a payment plan and benefit from our incentive programme called new deal. new deal enables you to access benefits that reduce the amount you owe. You may also be able to take advantage of our loyalty schem called AK Plus which enables you to accrue additonalo money from the payments you make. This is put to one side for you in your new deal account and can be used towards settling your debt. Yours sincerely Mr "I think you must be very gullible" Cretin So OK, they think I am really stupid to pay them money for something I don't even know what its for. Nothing has been on my credit report similar to the amount they say I owe for at least the past 10 years I have been obtaining my credit report. Do I need to write back to them, as it sounds like they are still going to pursue? Also just a question aside, if I sent them the £1 and they don't have the paperwork, shouldn't they have returned my fee? Thank you