cap one rrraaahhh

[uneverdid]

ok it's been really bugging me so rang capital one today they have told me the last payment on record to them was made on 23.5.06 so I checked the amount owing they passed on to Lowell and it is exactly the same as Lowell are asking for still so surely that shows it is deffo statute barred so I shall send the letter off now instead of burying my head in the sand.

[DonkeyB]

hi I thought it was statute barred but cap one are saying I made a payment in may 2007 it no longer appears on my credit file and I can't ever remember getting a noa and I have got several letters from all different dca s regarding this account. Are you saying then if I send a sar then that will stop any further action and hopefully it will soon be may and according to cap ones records this will be statute barred.

 

OK, that’s good... now, in the bit you posted above, was it Cap 1 claimed you made a payment in 2007, or was it Lowell speaking, supposedly having asked Cap 1? This is very important, because if it was Lowell, and Cap 1 say different, Lowell’s actions are bordering on fraud. No, that’s wrong: it would be fraud.

[DonkeyB]

...because I would really encourage you to stitch Lowell on this.

 

Almost tempted to suggest you call them now and record them telling you a big fib, so you can hang them out to dry.

[uneverdid]

it was Lowell but I never actually got round to sending the sar in the end just got this info via telephone. do you think I should still send cap one the sar to get it in writing or just go straight for statute barred letter and quote the telephone conversation asking Lowell to ask for a transcript for confirmation. I need to act quickly as I'm aware of them throwing sd around like confetti at the minute. I have told cap one that I have reported Lowell for constantly telephoning me.

 

thankyou

[uneverdid]

how do I record them ??

[DonkeyB]

Bear this in mind: They are stating the payment was made BEFORE they acquired the account. I would expect them to blame Cap 1. Your call has blown that out of the water.

 

Can’t remember – was it recommended you do an SAR to Cap 1 to get chapter and verse?

 

An SAR to Lowell would also be useful, demanding details of phone calls and information given. It could screw them.

Edited February 18, 2013 by DonkeyB

[uneverdid]

incidentally tge default date was middle 2006 so no longer on cra file

[Old Cogger]

incidentally tge default date was middle 2006 so no longer on cra file

 

 

Then if the last payment which must of been months before that makes it statute barred/

[DonkeyB]

Sorry, posts crossed – we’re thinking alike!

 

I would be tempted to do a bit more belt and braces work first to make sure there’s no way a payment was made in 2007.

 

I am also concerned about Lowell’s threats re reporting to the CRAs. Have you checked your file recently? As the last payment was May 2006, a default should have been recorded by January 2007 at the latest and dropped off last month (at the latest, again). If Lowell are threatening to reinstate a file, or have done so, they will be in even more trouble.

 

Re recording for your own reference: If you have any form of recorder, you could simply use hands free on a mobile or landline and record that way.

 

Perhaps call Cap 1 back, and ask when the account was defaulted and when it was closed? Ask what the balance was when the last payment was made – if that matches the transfer to Lowell, Lowell are lying through their teeth about a payment in 2007.

 

How did Lowell tell you a payment was made in 2007 – did you call them? Or did they stupidly put it in writing?

 

You have an excellent chance to give the OFT irrefutable evidence of their shady business practices.

[DonkeyB]

Then if the last payment which must of been months before that makes it statute barred/

 

Last payment 23 May 06 – so default probably placed within eight weeks. Even better.

[DonkeyB]

I’m trying to count how many breaches of OFT debt collection guidelines Lowell’s have made, but I’ve run out of fingers and thumbs...

[DonkeyB]

...and if they are stupid enough to issue an SD on this...

 

Actually, the fact that they haven’t issued is more evidence that they know exactly what they are doing with you.

[uneverdid]

ok so default date was 10 weeks after cap one claim I made the last payment if £5 it has dropped off my cra in accordance with the 6 year rule

 

 

now don't scream and shout but I rang Lowell firstly to ask that all future correspondence be done in writing abduction to clarify last payment date. they are saying that in between cap one saying they received the last payment (may 06) and the date that they sold it to them (early 2008) a payment if £5 was made in may 07 but !!!!! they have no idea who to and cap one have no record of that payment either so I am a bit puzzled. Best course of action now please

 

Lowell have also said they cannot put any action on hold even though I've told them that I am sending Cap one and them an Sar and Cca

[DonkeyB]

Hey, no-one’s screaming! Calling the buggers can be useful, but really only if you can record it.

 

Sounds totally like they are trying it on. They are stating a payment was made, but have no record of it? Saying they cannot put action on hold is rubbish. For a start, if you did a CCA request they cannot enforce while in default.

 

Can you find a way to record calls?

 

First, I would call Cap 1 again and find out exactly:

 

1. Date of your last payment (23 May 06)

2. Date default recorded with CRAs (c August 2006)

3. Balance at date of default

4. Balance at date of sale to Lowell

 

If necessary, this can be confirmed via SAR.

 

Edit: Did you have direct contact with any of the DCAs mentioned in your first post? Any way any money could have been paid to them? Anyway, the answer to 3 and 4 will confirm if any payment was made – if the amounts are the same, there was no payment. And if payment was made, Lowell could ONLY have gotten that information from Cap 1 – hence my advice to deal with Cap 1 first.

[uneverdid]

omg I'm so cross now they are are saying the same default amount the same default date but now they are saying may 07 for last payment and they will give the earlier lady some training for giving out the wrong information. They wouldn't give me any further information and told me to send in the sar for the full statements so that's all I can do I'm gutted

probably get a sd in the post now :(

 

thanks for your support

[DonkeyB]

Right, let’s get the SAR in.

 

In the meantime, get a CCA request in to Lowell asap.

[DonkeyB]

So... let me check... default amount, and the amount sold to Lowell are the same, ie. 3 and 4 on my list above are identical?

 

But there is NO reduction of £5? So what happened to the supposed £5 payment?

 

Do you have any recollection of a payment to a DCA?

 

Something stinks.

[uneverdid]

the alleged payment was made before they sold it but yes they are saying the default amount from 2006 is the same as the outstanding amount sold on to lowlife I don't get it guess I'll just have to wait on the Sar and hope they take their time so I can get to may when it will be statute barred what's my chances do you think. I have continually said I do not acknowledge this debt on the phone to both

[BRIGADIER2JCS]

You are fortunate really because telphone conversations do not restart the sb clock, acknowledgment must be unequivocal and in writting.

[DonkeyB]

With the CCA request to Lowell you must demand a full statement of account. Have Lowell actually threatened legal action?

 

The SAR to Cap 1 is the key. If the amount in the assignment is wrong, the assignment is void (though it’s easy enough to rectify).

 

I’m half wondering if Lowell and Cap 1 haven’t been monitoring the thread... but that would be paranoia!

 

Did Cap 1 give a specific date for the payment in 2007?

[uneverdid]

I'm just going to wait for the sar now give up trying to make sense if it now

[uneverdid]

Hi i wrote to Lowell asking for cra and sar and i got a reply today and this is what it stated;

 

Upon further investigation we are now able to confirm that we have contacted you erroneously regarding the above account. Please accept our sincere apologies for having troubled you.

 

As you are not our debtor we will not be able to comply with your data subject access request

 

Please contact us if we can be of any further help.

 

There is no mention of the CCA so what should i do now also under the heading Your Lowell Account it now just says Not applicable.

 

Do you think this will now be the end of the matter or with Cap one pass it on again?

 

Thanks for your advice.

[BRIGADIER2JCS]

Possibble but you now have the perfect repl to any further collectio activity so keep the letter safe.

[uneverdid]

what about the cheque they've not cashed it or returned it. I also feel like asking them to compensate me for my time spent dealing with them abd of course not forgetting the worry caused to myself they should not be getting away with their underhanded tactics.

 

Has anyone else received the same letter and if so did you have any other action taken against you.

 

Thankyou

[BRIGADIER2JCS]

Cancel the cque wwith your bank.