Lowell and Dryden fairfax/old capital one account help

[alibobsy]

the above defaulted account was sold onto Lowell a few years ago.

 

At that point I served them with a CCA for which they could only provide a "made up" application

 

I wrote pointing out they were in default of the CCA and that as they failed to provide an original application

I could only conclude they didn't hold one

I therefore considered the account to be in permanent dispute (all this done with the brilliant info on this site).

 

All went quiet with them and alonside other accounts in default of CCA requests I was waiting for the 6 years to pass.

 

The other old account Lowell had has now become statue barred-they recently passed this to Red collections so I hung on till it went SB and have now informed them.

 

now..getting a few calls from leeds numbers I ignored over the past few weeks.

 

Today get a letter from DF to say if no payment or arrangement by 11/2 they will commence legal action.

 

I will be double checking regarding the SB date, but the default doesn't drop off till late 2013

and I believe the last payment to have been shortly before that, so not yet there.

 

Other info

total figure between 1k and 2k (don't want to give exact figures for obvious reasons).

Plus the original account with capital one is currently with the FOS for the PPI (the adjudicator found in my favour,

but CO won't pay up and want the ombudsman to take a look.

Not sure this is relavent though as the account was sold to capital one in full.

 

I am wondering if the CCA request still stands or do I need a fresh one?

Not sure what route of attack to take on this one and would appreciate any advice.

 

I am thinking contact to both L and DF and assume I take the line the CCA request is still not satisfied

(from the FOS capital one have said there is no agreement and they now allege it was online only).

 

Would appreciate any input of the best way to proceed.

 

Ali x

[citizenB]

The previous CCA request is still non compliant.

SB date is from the first missed payment - NOT when the default was placed on your account.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

 

However, you could if you wish send another one or simply respond to the DCA advising that your CCA request made on DATE has still not been complied with.

 

And then if I were you, I would move heaven and earth to establish the last payment you did indeed make.

 

Do be aware that it could be possible that whoever you made the CCA request to - could have applied the statutory fee to the account. Note : That would be an unsolicited payment to the account and does not reset the SB clock.

[citizenB]

Please be aware that Lowells are issuing stat demands like confetti at the moment so you need to be on the ball.

[alibobsy]

Hmm, think my best bet is to get the papers out again and work out the actual statute barred date.

 

Thanks

Ali x

[alibobsy]

Found the date and as I thought not SB till late this year. So I think it will be the CCA line then. Will check I still have the proof of posting from the orginal-should have as not thrown away any paperwork since. Will write re the CCA or do a fresh one.

 

Ali x

[creditcardmug]

Depends a lot on how old the card is, crap1 didnt have anything like compliant agreements pre about 06, i would either ignore but at the same time be aware and prepare for the possible SD, or bombard them with endless letters re non compliance with s78, until the matter becomes stat barred

[alibobsy]

Yep its older than that from 2003 in fact. So I don't think they have any kind of enforcable agreement. I would guess they are having a last push before it goes statute barred later this year.

 

Going to get out the original docs from the CCA so I can give the exact date it was served to them, I will send the queries to both lowell and DF and try to delay until SB.

 

Ali x

[alibobsy]

Hmm may have a problem with this now. Looks like the CCA request went to the OC not the DCA, but it clearly shows as a £1 payment on the transaction reports the DCA sent to try to convince me to cough up. Shouldn't this have been held by the OC as "in dispute" rather than sold on.

 

Will still do the letter and do a fresh CCA request if they start moaning. Wondering if to point out the fact I am not currently working to see if they will stick me on the can't pay pile (I don't have that money even if I was inclined to pay up lol) rather than the won't pay.

 

As they are saying they will proceed with court action can I ask for disclosure of docs they would be relying on in court?

 

Ali x

[dx100uk]

if you've not already got all the statements

 

get an SAR off to cap1 now

you could have PENALTY charges & PPI to get back

 

and as its been SOLD

 

they'll be to YOUR POCKET if reclaimed

 

but be quick

the limit on charges is 6yrs

 

PPI no limit

 

dx

[alibobsy]

The PPI claim is already with the FOS at the mo, the adjudicator found in my favour but CO won't accept and insist it goes before an ombudsman. I based the PPI claim on the transaction sheets lowell supplied-not a full set though plus the statements I hold, but I think a SAR to CO is the way to go, I did claim some earlier charges which they settled before court, but there are some £12 ones after that that may be claimable. It might be the SAR pushes them to get the PPi claim settled-can't hurt.

 

I also am confused about the actual SB date. On the lists the DCA sent I can see my CCA £1 shows on the account and a payment (which makes the SB date in the next 2 months), then some kind of weird list of "write off" figures followed by 2 lots of £10 payments (which would push the SB date back), but I can't see I would make payments after the CCA and the sale. All seems a bit fishy to me so I think I need the SAR to clarify. Will also have a good root around and check what papers I hold from the time-there should be a folder stashed away somewhere.

 

Will get the SAR off before any court action happens (if it does) to give me a chance to get the info re it being statute barred.

I am wondering if I can get them to correspond and delay till the first possible SB date then hit them with SB letter (hopefully will have the SAR results by then).

 

Off to finish letters to L/DF and a SAR to the OC then will get sorting paperwork to get a clearer picture of what happened 5 years ago.

 

TY for all the comments and thoughts.

Ali x

[dx100uk]

hints of the phantom payment dodges used by dca's here.

 

dx

[citizenB]

If you are absolutely sure you didnt make those payments, then you are perfectly entitled to ask how they were made.

 

If by cheque then they should have the details

if by postal order, then they should the details

if by bank transfer, then you want them provide the bank from which the payments were made

if over the counter at the bank - then there should be a signed stamped receipt.

if by card, then again they should be able to provide the details.

 

Unless the payment can be proved to be from you then it is an unsolicited gift and does not affect the SB timings.

[alibobsy]

OK thanks for the info guys. Will wait for SAR results and see what the reply from L and DF is.

 

If the earlier payment prior to the CCA request is the last actual payment from me this will be SB in a couple of months, so hopefully that will show on the SAR.

 

Mind you either way its worth raising with L to see what they come back with even if the SAR isn't clear.

 

Meanwhile DF have written to say L have "kindly" offered to knock me 20% off the bill, like that makes it any more affordable or enforcable. I assume the fact they are already offering money off suggests they aren't keen on court action?

 

Thanks

Ali x

[citizenB]

It can generally be an indication that they arent as sure of their case as they might like to admit.

 

Capone appears to have sold on a few duff accounts one way or another. Do please be aware though that Lowell are issuing stat demands like confetti and although we appear to be seeing most of them set aside then the sooner you receive information and you are better placed to understand what state the account is in, the better.

[alibobsy]

Update SAR with capital one so will see what comes back.

 

L alledge they and CO have sent me a copy agreement,

but CO didn't even send a reconstructed one,

just a copy of T & C that was from a different period not from when the account was opened.

 

L allege a full set of statements was sent,

 

when I actually got an incomplete list of transactions with the first couple of months missing and the next few months with just balances no transactions.

 

In fact CO initially said the agreement was archived and they were trying to trace it, later to the FOS regarding the PPI reclaim

they now say there is no paper agreement and allege it was all done online-when a mentioned to the FOS could CO provide a copy of the online stuff it was a no lol.

 

Written back to L with the above info and asking for agreement/transactions again,

 

meantime HF have written separately to say the "discount" is now withdrawn as I didn't respond quickly enough

and that they intend to seek a CCJ in court unless I contact them to make an arrangement or raise a defence with them (?),

then all the usual blurb about it we get a CCJ we may send the baliffs, get a CO etc etc.

 

So a bit wishy washy and still asking for me to pay or make an arrangement.

 

I am not sure if they will go to court or not as the amount is just at that point where it could be seen either way-its under 2k

so not an obvious definately force the matter to court, but not low enough to think its not cost effective for them to do it.

 

Just for info does anyone have an idea of timescales eg if they took it took court and I defended and it went to a judge

but I lost and had the 28 days to pay up the money to avoid it appearing on my credit file.

 

What period am I looking at to try to save up the money "just in case".

 

Think I would rather cut back now and try to scrape it together and then if I did win its mine to keep anyway,

 

just don't want my credit file stuck for another 6 years just as things are looking better and dropping off if I can avoid it.

 

Mind you we have no intention of moving house in the near future so not that big a deal I suppose.

 

Still hoping one of the PPI claims I have with the FOS coughs up soon as I would feel better about defending this if I knew I had the money to back me up if the worse came to the worse.

 

So will see what the next response is.

 

Thanks ev1

 

Ali x

[dx100uk]

pers i'd stop all comms now

 

await the sar return.

 

the fact they have 'removed' the discount means nothing

 

it still has a discount so means its dodgy

they'll not do court.

 

it matters not if it was online

they will still need the full CCA.

 

just willy waving.

 

dx

[creditcardmug]

Agree with all dx is saying above.

If, and its a big if they issued a court claim, and you indicated your intention to defend all, then you would have 33 days to file a defence, then assuming it ever got to a hearing it would be several months after that, then you have the 28 days to pay whatever the ccj says.