my 1st cap one card

[thekat1979]

Had a fairly long reply to my S10 today stating that they will continute to process my data as the debt is NOT statute barred. Sadly, I think they may be right. Here are the letters. What does anyone think? I'm particularly interested in the Notice of Assignment they have sent me. Why have they waited nearly a year to send me the NOA, and why it is directly from them?

 

Not sure what my next step would be. I'm positive the debt is at least half made up of charges. But all the charges would be greter than 6 years old and I defintely don't have the statements for them. I'm woried I'm going to end up having to pay them the full amount including all the charges on the account. Eep! Please help with this one.

 

http://i461.photobucket.com/albums/qq339/thekat1979/IMG_0001.jpg

 

http://i461.photobucket.com/albums/qq339/thekat1979/IMG_0003.jpg

 

http://i461.photobucket.com/albums/qq339/thekat1979/IMG_0003.jpg

[noomill060]

do you remember paying anything in Oct 03?

 

(Youre not in Scotland by any chance?)

[thekat1979]

I've looked through mybank statment. It says a payment to Capital One was made in Ocober 03 - sadly not in Scotland. only fund out about the payment a tiny bit ago when I was doing my bank chargesa nd OH pointed it out. Eeep!

[noomill060]

I asked if you remembered paying.

 

Just because its on a statement dosent make it true...

 

How much does it say you paid?

[thekat1979]

They say I paid 80.00. After checking on my bank account statements, that tallies up, an 80.00 payment on the date they say.

[noomill060]

So, its SB in nine months then.

[thekat1979]

Yes. I have stated on all communications that I do not acknowledge a debt to them. If they turn up with actual statements in four or five months time though, or even next week, the fact tht they can prove I paid something in Oct '03, would that then reeset the SB? I mean the communicatyions now, so the 6 years would run from when they proved the debt? If I was to just lay low though, could I send another letter in,, say November, stating that it is SB, or would the communications now reset that. I have definitely always said in current communicatio that I do not acknowledge ebt to them.

[thekat1979]

I'd rather face it head on though. But worried about how to deal with the fact that all the charges on the account, which will be at least half of the debt, are all more than six years old, and I don't have statements. Eep!

[cerberusalert]

Have you CCA'd them yet? Chances are with an account that old they won't have a valid CCA anyway.

[thekat1979]

I was going to do thaat as my next step. Is that acknowledging the debt? I have put on previous CCA requests that I do not acknowledge any debt to them.

[Rhia]

Now this is just my take on this but I think a couple of things are getting tangled up here and you ned to separate this argument up as follows:

1) S10 -it doesn't matter if SB or not they must have your written, explicit permission to process your personal data. Either you have given this separately OR they have a correctly executed consumer credit agreement from CAP One which you signed and which says you give your permission for your data to be processed by CAP One or a third party (i.e. Lowells). Ask them to produce this...if they can't they are in trouble and you can ask Information Commissioners Office to investigate. If Information Commissioners Office agree with you then you can sue them. I wouldn't try suing without Information Commissioners Office's confirmation as judges don't know much about data protection so tend to say well if Information Commissioners Office thinks this is wrong etc they will then support you.

2) S.B status. You can either try and stick this out until October and hope they don't come up with a proper CCA OR you can go on the attack as there are penalties involved. If half (by your estimate) is charges it may well turn out that by the time you add on contractual interest that ALL of it is charges.

With this mind I would go on the attack and get Lowells to come up with the executed agreement and copies of all statements. You can't really make a decent decision until you have either.

3) Don't worry one little bit as you can get them on the run and if they find there are penalties and you present them with a nice little spreadsheet they will drop this like a hot potato. Try this and see what you get. The letters are all on this forum what you need to send is a request under CCA 1974 for a copy of the executed agreement and statements.

P.S. Make sure you add clearly you not acknowledge this debt at all.

Edited January 11, 2009 by Rhia
Add P.S.

[cerberusalert]

I was going to do thaat as my next step. Is that acknowledging the debt? I have put on previous CCA requests that I do not acknowledge any debt to them.

 

No it's not acknowledging the debt, it is your right to see what proof if any that the debt legally exists, is enforcable & they have the right to collect it.

[thekat1979]

I'll send the CCA and statements off letter off tomorrow and go from there. Thank you.

[Rhia]

Have a look at this CAG thread...this gives you the action plan for reclaiming charges from the OC.The thing is if you get them back off CAP One you can then go back to Lowells and ask them if they have properly executed CCA and if they haven't it's Good night Vienna. Whatever you do do not let CAP One pay any charges across to Lowell's - you can either start court action or let FOS do this for you.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172383-if-debt-dca-can.html

P.S. And of course make sure any adverse comments or seraches of you credit report are removed as part of the deal.

Edited January 11, 2009 by Rhia
Add info.

[cerberusalert]

I Do Not Acknowledge Any Debt

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives (or representatives of Power 2 Contact) to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

[thekat1979]

Sent CCA request to Red/Lowell/Hampton (I'm still sending to all 3 because all 3 keep writing to me!). Got a reply from Lowell today returning my cheque (from my partners cheque book so does not have my signature on it at all) and there is a paragraph that I know is wrong but I'm not sure how to deal with it.

 

They state:

May we take this opportunity to advise that under the terms set out by the Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested. After the initial period they have a further thirty days to provide the documentation giving a total of 42 days to provide the agreement before the debt becomes unenforceable.

Now I know they don't have that long any more as the 30 days was taken out recently but I'm not sure how or when it was taken out. I'd like a letter to send them letting them know they have 12+2 days THEN it is unenforceable. I want to quote at them what changed in order that now it is just those 12 days that stand now, not the extra 30.

 

On a separate but related matter, these lot have a default (which appears TWICE) registered against me for this alleged debt, at which point can I s.10 them to get rid of that default?? Is it once the 12+2 is up, or do I need to wait a certain amount of time first?

Edited January 23, 2009 by thekat1979
making things clearer

[PGH7447]

You dont have to tell them anything re the time limits, they are the supposed experts, if after the 12+2 days no agreement sent, then send the account in dispute letter

[thekat1979]

Would that be the s.10, or a precursor to that?

[thekat1979]

Lowell have replied to my CCA request stating that they have sent off to the OC for that information. I would guess that means that they don't have it, right? Does that mean I can NOW send the dispute letter tellling them to get the defauls off my CRA file as they had no right to do anythig with any data about me because they don't have the agreement? Or shoud I wait for the 12+2 days to be up, then do it?

 

Thanks

[hillards]

...wait for the 12+2 days to be up

 

You have to allow the time period allowed, then jump on 'em

[thekat1979]

UPDATE

 

Got a letter from Lowell today saying that they have asked Capone to retrieve my CCA from their archive, and that in the meantime I can take advantage of a wonderful proposal that if I paid them an amount equal to about a third of alleged debt, they would let the matter drop.

 

I think it may be time for a s.10 letter as they have a default registered against me. Will give them a few days though as I have a LOT on my plate at the moment!

[ODC]

Standard bovine excrement from the Leeds Losers. You will get another wonderful offer offering a once in a lifetime discount again next week and the following week they will throw the towel in when their client cannot produce a CCA. Lowells are stuffed and they know it.

[PGH7447]

Seems lowlife are sending out the discount letters more and more often, I wonder why:D

[bazaar]

When they try to crawl away, maybe you can just hang on to their short and curlies with this.

 

Thank you for your letter dated xxxxxxxxx in which you suggest you are looking for details of an alleged debt with your company.

 

Could you please confirm to me that your company has been processing my personal data without having made the necessary checks and ensuring that you have the legal right to process such data since xxxxxxxxxxxxxxx

 

 

I look forwarded to your enlightening response

 

Yours Sincerely

[mini mee]

i sent a cca request to lowells in sept08 and got the standard reply that they have asked for it. i then eventually got a copy of the application form with my signature on it from "red". then today i get another letter from them informing me that the debt from cap 1 has been sold to them in dec 06!and standard spiel about offering me terms or threatening me with doorstep collectors. i have already written to them with the letter advising them that they are not invited last year.

they have already acknowledged they received the cca request but now seem to be going back to square one. any ideas greatly appreciated