Nancyspain v cap1

[Brian2009]

Sily question really, but when they ask you those questions, is that not a data request, so should they not pay you £10!!!

[foolishgirl]

Would be nice wouldn't it Brian?!

 

Security questions are supposed to clear them under DPA so they know they are talking to the account holder - if you refuse to answer they don't know & therefore to discuss it further with you might put them in breach of DPA (if you were by any chance not the account holder) & liable to prosecution.

[nancyspain]

Hi received a letter today from Capquest. Letter Before Action threating allsorts with bailiffs etc if I don't make contact by 25/05/09 is this another 1 to ignore or is there a letter that I should send?

[the_shadow]

Hi received a letter today from Capquest. Letter Before Action threating allsorts with bailiffs etc if I don't make contact by 25/05/09 is this another 1 to ignore or is there a letter that I should send?

 

Personally I'd ignore... I'm sure it contains a lot of "May's Possiblys Coulds"

 

If you are worried please post it up minus the personal stuff and we will all confirm we've either received it before or if its usual tosh from them.

 

At the end of the day, no s78 response, no court case.

 

S.

[nancyspain]

Received a letter from Capquest today saying they were going to start litigation if I didn't pay by 11/07

 

 

they also stated that they weren't asking for the full amount that they had reduced the debt by just over £1k

 

 

and that I could pay the remaining balance in 3 monthly instalments.

 

 

Am I right in thinking that they are doing this because they don't have a copy of the agreement.

[foolishgirl]

Am I right in thinking that they are doing this because they don't have a copy of the agreement.

 

Certainly sounds like it.

 

File it & wait & see. You have nothing to lose - no agreement, absolute defence if they are stupid enough to take it to court.

[nancyspain]

Now been taken over by Lowell after all these years of nothing. Now the phone calls have started,haven't answered any any acvice?

[Old Cogger]

join the rest of us the same , default to fall off no doubt in a few months, look around and follow what others say now

[nancyspain]

Hi received a letter today offering to reduce the debt to 70% also stating if I did not pay this they would send the account to Hampton Legal what should I do now?

[Old Cogger]

same as us all, Hamptons threatogram next, these begging letters of theirs from the next drawer every two weeks

[nancyspain]

Have just received a letter today from Lowell headed Pre- legal Assesssment

 

 

stating that I can still contact them and if I don't what would happen if they use the Court to recover the debt.

 

 

Can someone please advise what I should do next.

[Desperate Daniella]

Hi,

 

 

A number of people have received this letter in the last day or so (and I expect there are others who've received it too).

 

 

When they offer huge discounts it means they know they don't have a leg to stand on.

 

 

Are you coming up to statute barred? When did you make the last payment?

 

 

DD

[Old Cogger]

begging letter?

[nancyspain]

I think it should be statute barred very soon. I am waiting on a pin number from Experian to check my credit file, I think the last payment would have been Nov or Dec 2008.

[nancyspain]

Just checked on noodle default 13th Feb 2009

[citizenB]

Righto so the Default marker was placed on your file 13.02.2009. What was the date of the last payment you made to the account ?

 

I would say for absolute certainty, the account will become statute barred on 14.02.2015 - however Capone were usually pretty slow in sending out default notices and marking them on CR files, so the first missed payment would likely have been around 6 months prior to the DN date.

[nancyspain]

I really can't remember when the last payment was made but it was definately sometime in 2008. The date 13 Feb 2009 shows on noodle

[Desperate Daniella]

At this stage I'd just write them a simple letter saying that despite your many requests Capital One were never able to provide you with your alleged credit agreement, and do they have a copy? Have they given you a date to reply by?

 

 

(I don't think you've said that Lowell have already sent any kind of agreement?)

[nancyspain]

No date to reply by so should I just request copy of cca

[nancyspain]

Missed call from Lowell today should I be worried. Checked Experian today same default date 13/2/09. but have an excellent credit rating how come?

[Desperate Daniella]

I really have no idea how these credit ratings work!

[nancyspain]

Received Pre Legal letter today wrong information on it regarding home & employment threatening CJO but want to help me to repay. Should I just ignore or is there something I need to do?

[Desperate Daniella]

Did you send the letter I suggested in post 44?

[nancyspain]

Yes I have sent the letter.

[nancyspain]

Received letter from Lowell today saying they were asking Cap 1 for cca & would reply in 12 days.