cap 1 account in dispute sold - sold to lowells

[highlandertom]

I wonder if anyone can help.

 

I had a Cap 1 CC account from before 2007, that was defaulted.

 

 

I sent them a cca request last year, after they failed to respond within the statutory 12 + 2 days, I sent them the 'account in dispute' letter.

 

They eventually supplied a copy of an application form, with no terms and conditions either within, or attached to it,

a 'made up' reconstituted agreement, and terms and conditions at default.

 

Now it is my understanding that they would require the Original Agreement to be able to enforce this in Scotland? am I correct.

 

I received two letters,

one from lowells telling me that they had bought the debt from cap 1,

and a letter 'perporting to come from cap1, saying they had sold the debt.

 

The weird thing is, that both letters arrived together, and they were both addressed to the wrong address.

 

Now this is obviously against the law, to send private and personal information to an incorrect address, so who do I complain to? ICO and who else.

 

Having done a bit of reading on lowlife, it seems that they will go to court with no paperwork, so need to watch this one.

 

I received the first automated call from them this morning, so it begins!

 

So, I really need some advise,

 

is there any point in requesting another cca from lowlife?

 

should I write and let them know that to date, no original agreement has been received, and that the account is unenforcable?

 

many thanks, tom

[Old Cogger]

account in dispute letter to them? Recorded Delivery.

[highlandertom]

Hi Mike, yep all mail goes 'signed for'. I have kept all paperwork received. tom

[dx100uk]

ok so cap1 have sold it for a reason.

 

poss the crap CCA or no CCa.

 

when was your last payment

and

does this debt show on your CRA file?

 

dx

[highlandertom]

Hi Dx,

 

last payment august 2012.

last Experian check was january 2013, Cap 1 did not show at that time.

 

thanks, tom

[dx100uk]

so could this card have been defaulted more than 6yrs ago and has now dropped off?

 

when did you take the card out?

 

dx

[highlandertom]

Hi dx,

 

the account was put into default in 2008 by cap 1.

I made an arrangement and paid an agreed token monthly payment until their failure to satisfy my cca request in 2012

the card was taken out in 2005

no ppi, not much in the way of charges, but can go after them now that they have sold on.

 

Presumably, the two letters ( sold, and bought ) are invalid, because they were addressed to the wrong address?

 

thanks, tom

[dx100uk]

makes no odds wrong address.

 

if the account was defaulted in 2008 & before 2007 it cant be defaulted twice

though if its off the cra file

then no matter

it cant comeback

 

i'd CCA lowlife

see what they think they have

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

post the two off by !st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

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, including a detailed statement of the account.

 

 

 

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.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

how come its not showing on your CRA file?

[highlandertom]

Thanks for that dx, I'll get that off this morning. Should I leave the 'payee' space on the PO blank? or address to Cap !, or Lowlifes? have seen dca's rejecting PO's if paid to them - as a timewasting exercise.

 

re. the CRA file, I've seen this before. For some reason, the OC did not put on cra file, but as soon as sold to DCA, it shows?

 

best regards, tom

[dx100uk]

always leave CCA PO's blank

 

1st class with free proof of posting will do?

 

dx

[highlandertom]

Oops, already sent, put lowells in the payee line. Ah well we will see what happens, they do say in their " we just bought you" letter, that they are " the data controllers of my data"?

 

best tom.

[highlandertom]

Hi, Right, they are out of time, 3 letters to say they are requesting info, but nothing yet. So should I use the library template 'account in dispute' letter, send recorded ?

 

thanks, Tom

[renegadeimp]

Yep.

[highlandertom]

Thanks, I'll get that off this morning, best tom

[highlandertom]

Hi All,

 

The 'account in dispute ' letter went off. Recd. several more letters saying they were waiting for the OC. Finally, I received another copy of an Application form,

 

And 14 pages of reconstituted stuff,

1/ original agreement - recon

2/ defaulted agreement - recon

3/ terms of your cap 1 credit card aggreement - recon / scan ?

 

So, where does that leave me? I would appreciate any advise. lowlife are asking for full repayment within 14 days!

 

best regards, tom

Edited August 1, 2013 by highlandertom

[highlandertom]

I have just received what appears to be a 'statement of account', a month by month list of date/credit limit/min payment/new balance, from account start to present. the balance is some £500 greater than the credit limit, mostly interest charged.

 

Would appreciatesome help with all this, many thanks, tom

[highlandertom]

Hi dx,

 

6 x £12 fee's

there are more than 25 pages, some have full transaction details, some just the statement date / min payment due / credit limit / new balance info.

 

Can scan up the last one? if useful.

[dx100uk]

well i'd still say they haven't produced

anything that a court would accept.

 

that statement is pants.

 

have we an SAR in the pipeline to cap1 ?

 

dx

[highlandertom]

Hi dx,

 

Thanks for your time and help. I hadn't thought to SAR cap 1, but can get that off tomorrow. What might we be looking for?

regards, tom

[dx100uk]

prob penalty charges I would think

 

dx

[highlandertom]

Hi dx,

 

Still waiting for the SAR. I am getting daily phone calls, I always say " all communication to be in writing" and hang up. And weekly letters, each increasing in threat level, yesterday recd. one from RED ( I know, different desk - same room ) saying that they 'may' decide to take me to court etc. And they know of no reason why I should not pay.......

 

I have just come across the thread ' Lowell & recon Credit Agreement from 1999 not signed - urgent help pls ' where the advice is to ask them under (CPUTR) 2008, if they actually hold a signed agreement.

 

Should I do that, to avoid possible SD?

 

best regards, tom

[dx100uk]

theres no real diff between that and a cca request.

 

lets see whatthe sar produces.

 

Hampton letter next

 

then I bet you get the discount letters too

 

dx

[highlandertom]

Thanks dx,

 

What they have produced under my cca request, is a signed 'application form' and a recon agreement, they would need an original signed agreement to enforce ? So I had thought that one could force them to admit if they actually did hold the original application.

 

No matter, will wait for the inevitably late SAR response.

 

best, tom

[Desperate Daniella]

Hi there,

 

If the SAR just results in the same old rubbish then I would definitely ask them the direct question under CPUTR 2008 as it has worked very well for me and others too.

 

I'd also back it up by telling them that the Waksman Judgment in Carey v HSBC, paragraph 234 (4) states that where an account has been varied a copy of the original agreement must be produced. That has worked very well too.

 

DD

[Desperate Daniella]

I think from the Application Form that you took this card out in 2005?

 

If that is correct you should tell them that you can prove beyond any doubt whatsoever, not just any reasonable doubt, that the so-called agreement they have produced could not have been supplied to you at the time you signed the Application form.