Cap One charges

[Notty]

My sister has a Cap One card that was originally for £200 but now stands at £648. They have passed her debt on to Lowell Financial. Would it be best to SAR as she doesnt have any statments? Then would the best course of action be to claim back the charges or go for the cca. Not sure if you can do both? I have printed the SAR letter for her but wanted to know what you think the next step should be. She doesnt have a computer, hence me taking this on for her. Calls herself technophobic.

[silverfox1961]

AHHH our friendly leeds losers are here again. How I do get lonely without then to bug

 

First plan of action is to see if the debt is enforceable.

 

See here:

The Consumer Forums - Debt collectors

 

Send letter 8

Send recorded delivery

enclose a £1 postal order

give them 12 +2 Working days to respond

 

If in the unlikely event they do reply with an agreement and it's a good un, then you can SAR the OC and claim your charges back

 

fox

[pmhcfc]

 

If in the unlikely event they do reply with an agreement and it's a good un, then you can SAR the OC and claim your charges back

 

fox

 

If the card was £200 limit and now stands at £648, its obvious there's £448 in unlawful charges, which you can claim back but it'd only reduce the card back to its original limit...unless of course there are additional charges on it as well...so your sister won't get any money back in her pocket.

 

CC's are not subject to the current court action so you can go down the normal route of claiming these. Are these charges £20 or £12 ?

 

If you start the process of reclaiming the charges, the first thing Cap1 will do is drop the £20 charges to £12 and say that's all they're going to offer...And that's where you get the FOS involved...Remember, these £12 charges have not been proved to be lawful. Cap1 hate the FOS being involved and seem to always fold at this point- very very doubtful they'll let it go to court.

 

As previously advised, you need to send a CCA and if that's proved to be valid (which I doubt it will) you then SAR Cap1 and go from there.

 

If she is, tell your sister not to panic. Send (unsigned) CCA to Lowell and sit back and relax.

[Notty]

Thank for that. There was a SAR letter in the library for debt collectors which asked for statements and the original agreement. Would it be okay to send that as well as the cca as I need to know what the charges are. I must admit when I claimed back charges for my cap one I did get some money back. It was with a dca and I sent the charges letter to Cap One and the cca to the dca. Of course they handed the account back to Cap One and eventually paid the money back.

[silverfox1961]

You can use the template letter and you can add any bits to it that you see fit.

When I did my SAr I asked for:

The agreement

Any notice of assignment as it had been sold to a DCA

Any default notices

All correspondence

Transcripts of phone calls

In fact I stated I wanted everything they hold and they still haven't fully complied. I'm filing at court next week.

[pmhcfc]

send CCA first - no need to waste £10 at this stage if the OA is unenforcable

[Notty]

She has had another letter from the legal dept of Lowells saying they will do all sorts of nasty things. Take the house, and if not homeowner stuff. Anyway I have sent Lowells the SAR and waiting for that should I do the letter in dispute or ignore them? Sorry for not sending the cca as you recommended but she is desperate to see if she can get any charges back. It will probably been down to a cca at the end of it but for now she is happy to wait for the SAR but I am not sure if sending for the SAR is classed as account in dispute? Any help much appreciate.

Edited June 19, 2009 by Notty

[Notty]

Can anyone help please?

[Notty]

Can anyone help me with this please?

[PGH7447]

you have made a lawful request but htis does not put the account into dispute, did you request the agreement within the sar?

[debt4get]

only way to put account into dispute is request cca and wait and see if they comply... chances are they will not. cap 1 has yet to send anyone a valid cca agreement good luck

[Notty]

Thanks for the replies. Yes, PGH I did ask for the agreement as part of the SAR. Does that make a difference to the "account in dispute".

[harrassed senior]

The SAR should have gone to Capital One as the Original Creditors, so you could find that it will be returned, or, not forwarded on to them.

 

The CCA really is the best way to put the account on 'hold' until you have time to sort this out. The CCA goes to to Lowells.

 

They only have 12 + 2 working days to respond to this, whereas the SAR allows them 40 days, and I believe does not put the account on hold!

 

Getting Charges refunded is a long proccess as all cases are on hold now until the outcome of a Court Decision, you can submit a claim and this will hold off the collection attempts to some degree, but until you can get the results of the SAR - 40+ days you can do nothing and they will keep chasing.

 

I would strongly advise getting that CCA off to lowells first thing Monday.

[Notty]

Thanks for that harrased senior. I think I will probably go the cca route but I dont think credit card charges are on hold because of the court action. I think its just bank charges but could be wrong. Thanks again anyway.

[creditcardmug]

Heres the letter to send do not sign it just type your name, enclose £1 PO, send by recorded, keep the receipt....the smilie is an 8

 

 

Lowell Financial Ltd

P.O. Box 172

Leeds

LS11 9WS

 

 

 

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Your Ref xxxxxxxxxxxx

 

With reference to the alleged agreement, I would be grateful if you would send me a true copy of the executed credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-78), I am entitled to receive a true copy of the signed credit agreement, together with any other documentation the Act requires you to provide, on request. I enclose a postal order for £1.00 which represents the fee payable under the Consumer Credit Act, and must not be used for any other purpose

 

I understand that a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a true signed and executed copy of the agreement under these sections of the Act.

 

I must also make it clear to you that I will not communicate with you by telephone or doorstep callers, all communication must be in writing.

 

I look forward to hearing from you

 

Yours Faithfully

[Notty]

Thanks Creditcard.

[PGH7447]

Getting Charges refunded is a long proccess as all cases are on hold now until the outcome of a Court Decision, .

 

not for credit card charges