cap one rrraaahhh

[uneverdid]

Hi i could really do with some help with this debt Capital one cc and this is not showing on my CRA now made last payment almost 7 years ago however still being hassled by DCA's including Mack hall, apex, scotcall, lowell, bcw, frederickson, red, 7 DCA's confused.com. Scotcall are now making me 8am phone calls every other day i just answer and then hang up otherwise i have to listen to their silly voicemails asking me to call. - I have just put in a claim for PPI on this account as i was a student when i took this out back in 2000 !!! and would never of ticked the ppi box as i had no income to protect, so wouldnt of been able to claim. When i rang up cap one to claim they could find no trace of my account so had to send them a photocopy of an old statement which dated back to 2002.

 

Thankyou

[citizenB]

You should have sent Subject Access Request to obtain all your statements (if you dont have them) you should have completed a spread sheet and FOS claim form and submitted them to Capone.

 

If the Debt is statute barred, you should send the SB letter from the CAG library to the current owner of the account.

 

I suspect that Capone will almost certainly want to send any PPI refund to the new owner of the account.

[uneverdid]

Are capone allowed to do that though considering they no longer own the debt and any dealings i have with the DCA should be separate.

[uneverdid]

p.s and considering it no longer appears on any of my CRA files.

[uneverdid]

hi again I have today received a letter from capital one stating that they sold my account to Lowell on 14.3.08 and that Lowell will be reporting on my credit file within 30 days of receiving this letter. now this debt I've found out becomes statute barred in may this year so have been just holding on. The sar showed me this. can Lowell now go on my cra especially as capital one already had a default entry on my account until the 6 years had expired if they can it means that this account would of taken up 12 years altogether and I'm just about to lose my last default aaarrgghhhh thanks for your advice

[unclebulgaria67]

The default can only be on the credit record for 6 years. If Lowells have taken over, they can only add their default, with the original default date and theirs will drop off in May.

[uneverdid]

hi thanks for replying this account dropped off my credit account ages ago so surely Lowell can't now go on the account can they ???? what should my next course of action be re: Lowell do I have to send statute barred letter now or wait till may I'm worried they will start court action.

 

thanks again

[unclebulgaria67]

hi thanks for replying this account dropped off my credit account ages ago so surely Lowell can't now go on the account can they ???? what should my next course of action be re: Lowell do I have to send statute barred letter now or wait till may I'm worried they will start court action.

 

thanks again

 

If 6 years have definitely passed since default, no they can't add anything to your credit file. If you are sure the debt is statute barred, then send Lowells the letter.

[BRIGADIER2JCS]

If this has already been removed from your CRA files due to the 6 year life of the default being reached, NO ONE CAN REPLACE THE ENTYRY EVER.

 

There is no if's or maybes it cannot happen.

[BRIGADIER2JCS]

For this to be statute barred there must have been 6 clear years with no unequivocal written acknowledgment of the debt and no payment at any time in that period.

 

Default date and statute barred date ARE NOT THE SAME.

 

Default date is often upto 5 months after the last ever payment.

[uneverdid]

not sure what to do then don't want Lowell to somehow get this on my file who do I speak to, to stop this happening.

 

thanks

[BRIGADIER2JCS]

Nothing you can do until it actually happens. My guess is that the Capone notice of assignment is a generic computer generated letter.

Should it happen please let me know and I can help you sort it out quickly.

Just keep a watch on the CRA files on Experian, Equifax and CallCredit (noddle) I would not put it passed Lowell to attempt to try to use the Noddle site as not many

people check it.

[uneverdid]

I received a letter from Lowell dated the same as the cap one letter which states the following

 

once you have paid the debt off, or once you start to make monthly payments we will update the cra that will amend your credit file. keeping your credit file up to date can help your credit rating and allow you access to cheaper forms of credit !!!!!

 

they are promoting credit like I ever want any again thought I'd read somewhere that they cannot make statements like this.

 

thanks

[uneverdid]

one more thing they advertise credit expert on their letter which is the cra I currently use how ironic

[BRIGADIER2JCS]

Standard letter again, it is far too late to place any entries now and if they do so it is open to challenge.

Just check regullarly if it happens let nme know.

[uneverdid]

Lowell are now ringing me constantly what can I do about this please

[uneverdid]

anyone advise please

[cerberusalert]

Send them the SB letter & make a complaint to both the OFT & Leeds Trading Standards. http://www.ts.wyjs.org.uk/wyjs-trading-contact.asp

[creditcardmug]

one more thing they advertise credit expert on their letter which is the cra I currently use how ironic

 

Not ironic at all since the DCAs/banks etc own the CRAs, thats why accessing your credit file suddenly brings allsorts out of the woodwork

[DonkeyB]

Hang on.. is it SB or not? In your early posts (from 2012) you said it was over seven years since a payment (which would now be eight years).

 

Then you say an SAR suggests it becomes SB in May 2013.

 

Could you please clarify? When was your last payment to the account?

 

Also, get a CCA request off to Lowell asap. They cannot take any enforcement action while in default. Do this quickly, as Lowell are throwing statutory demands around like confetti at the moment.

 

It is ridiculous for them to wait five years to send you a notice of assignment – that is just treating you unfairly.

 

What details are on your credit file? What date does it list as the default date?

 

Did you ever receive a default notice from C-r-ap One?

[DonkeyB]

Also get a letter off the Lowell demanding that all contact be in writing only.

[uneverdid]

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.

 

I'm afraid I've buried my head a bit just gone through a repossession too do got a lot on

 

thanks for your advice I do appreciate it.

[BRIGADIER2JCS]

You need to put thme to strict proof of the alleged payment, all details of by what method it was made, cheque, card, transfer etc.

 

As long as your SB letter was correctly set out it should not reset the SB clock.

[DonkeyB]

Not another phantom payment... astonishing.

 

Was this payment listed on your SAR on a statement of account? How much was it for? Please tell us what came in your SAR.

 

It’s a CCA request (s78) now need to send, not another SAR.

[Desperate Daniella]

Also when sending in your CCA request, remind them that they have an obligation under CPUTR 2008 to let you know if they hold, or have ever held, an original agreement relating to the account which contains the prescribed terms, and if they don't hold any such agreement they also have an obligation to tell you.