Advice on old Cap1 card debt now with Lowell

[marloes]

Hi,

have been prompted to think about my debts after receiving a court claim on another debt ( advice gratefully received in legal forum).

 

The debt in question is for £300 from an old credit card with Capital One

- last payment in 2008 so not statute barred.

 

It has been assigned to Lowell DCA and although they are not currently persistently pursuing me I would like some advice on the best course of action as I would like to avoid another claim/ court action.

 

Is it a good idea to write to Lowell and offer a repayment plan with a budget?

I'm currently on benefits so could only afford a very small payment each month.

 

I have spoken to the national debtline who told me not to do anything as I'm in no position to be able to make payments and I could cause myself trouble.

Lowell did send me an offer to pay less than half when they bought the debt but I didn't have the money.

 

should I offer small repayments or leave alone and start saving to make them an offer on a full and final settlement basis?

Thanks in advance for any advice.

[ims21]

Hi

 

What about reclaiming any over limit/late payment charges from Cap 1 first?

 

ims

[marloes]

Thanks for reply ims21. Apologies for ignorance but if the debt is with Lowell then can I still pursue any charges from Capital One?

[ims21]

Hi

 

Yes you can...charges reclaims are always with the original creditor as it was they who applied them.

 

Have a read of Nos 3 & 4 in my signature.

 

You may find that this will wipe out the debt and an offer of a reduced amount from a DCA usually means that the debt is all charges or something else not right with it.

 

ims

[marloes]

Thanks ims, I'll have a good read.

[Redletter]

I would say don't offer them a penny they havent proved you owe them. On many occasions the DCA buy debts without any supporting paperwork/evidence. They might not even have the credit agreement.

[victoria_siempre]

I would say don't offer them a penny they havent proved you owe them. On many occasions the DCA buy debts without any supporting paperwork/evidence. They might not even have the credit agreement.

 

Hi Red

 

This is an interesting example of litotes and meiosis. If acting on behalf of their client, they always have to refer back. Where they've bought a list of account numbers and alleged balances they clearly have nothing more than a list of account numbers and alleged balances.

 

Your comment about being penny wise is well made.

 

x

 

v

[creditcardmug]

If/when they start to be a nuisance send them a cca request (dont sign it), its highly unlikely that a enforceable one exists

[marloes]

Hi, I need some advice on a debt that has been assigned to Lowell.

 

The debt is for an old credit card for under £500 and I haven't contacted them for over five years so it is nearly statute barred.

 

I have been advised by National debt line not to contact Lowell as I'm unemployed

and have very little to offer them and have other priority debts.

 

However, I feel increasingly anxious that they will take court action

- (at the moment I'm being threatened with losing my property by another creditor)

and i'm very stressed by the thought of more legal troubles.

 

I've havent sent a SAR or request for a CCA as I'm concerned that any contact might spur them into action,

at the moment the debt is being passed from pillar to post.

 

I'm considering making an offer of £1 a month but also concerned this might spur them into action.

 

So on the one hand I worried that doing something might make it worse but on the other that doing nothing will lead to legal action being taken.

 

Help...

[renegadeimp]

:-(Forget the repayment offers for now. Check when the last payment or written acknowledgement was made to the debt. You say its been over 5 years, so it could very well be statute barred already. Not to mention have Charges/PPI on the card.

 

If you write and acknowledge the debt and offer them £1, then you reset the statute barred clock, if it isnt already SB. If they take court action, it would be futile for them. You are unemployed, so a judge would order £1 a month, or even wipe it altogether. Lowell know this and will say anything they can to get you to pay.

[citizenB]

In this instance, I would agree with the imp. Wait and see if they make further contact, then make the CCA request. Meanwhile you might want to establish for certain the last time you made a payment to the account. If you can afford it, it might also be worth investing in a Subject Access Request to the ORIGINAL creditor that way if there are any default charges or mis sold PPI you can be ready with a counter claim should Lowells start rattling their cage.

[citizenB]

marloes, are there any updates on your other threads ?

[dx100uk]

who is the original creditor and is this on your cra file?

what is the defaulted date too?

 

when was this sold to lowlife [if it has been sold]? any idea?

 

dx

[fkofilee]

Heres one for you... Lowell currently have a CC Debt from someone I know yet it was originally Cap One...

Up until a certain point it appeared in their credit file and now its disappeared from it... ?

 

How can that be if the debt is still being reported?

[dx100uk]

Heres one for you... Lowell currently have a CC Debt from someone I know yet it was originally Cap One...

Up until a certain point it appeared in their credit file and now its disappeared from it... ?

 

How can that be if the debt is still being reported?

 

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

[BRIGADIER2JCS]

AS we have seen in a number of threads Capital One are it seems changing account numbers for what ever reason, the accounts are removed the account number revised and then re entered on CRA file.

#

I believe Capital One Have explained this to one CAG user and the explanation has been posted on the forum.

[southview]

As a retired Debt Councellor I wish to pass on the following information to your worried readers.

 

For the benefit of all those who are in debt with Credit Cards, store cards and loans.

 

The following list of companies are Third Generation debt collectors who DO NOT HOLD a Consumer Credit Licence

or who have had it revoked by OFT/FCA through bad practice. (check on OFT Public Register).

They buy your debt for a pittance from your original Creditor and write to you as though they are acting on their behalf.

 

The names of the Companies are as follows:

 

IQOR recover services ltd,

EOS solutions UK PLC,

CREDIT solutions Ltd,

DIRECT Legal and Collections Ltd,

Weightmans LLP,

ROBINSON Way Ltd,

FREDICKSON international Ltd,

LOWELLS,

LOWELLS portfolio Ltd,

MERCANTILE data bureau,

HILLESDEN securities ltd,

Moorcroft debt recovery Ltd,

MARLIN financial services Ltd,

ScotCall.

 

They are just illegal 'bully boys' who threaten you with court action, door collections (which is now illegal unless you agree to a visit or collection of payment).

 

They always state in their letters that they are collecting the debt for the original Creditor (more like for themselves).

 

They send official looking solicitors letters threatening court action.

 

On checking with the Law Society register you will find they are not even registered to practice Law.

 

To take you to court would cost them more than the debt they have purchased,

also they do not hold a consumers credit licence.

 

Offer them what you can genuinely afford.

Not an impossible amount.

state that is what you would offer the court and that they suspend all interest being added to the account,

as this will cause the debt to get out of control.

 

They will reluctantly accept your offer eventually.

 

STAND YOUR GROUND!

[dx100uk]

they ALL hold CCL's

 

please check your information.

 

dx

[ScarletPimpernel]

As a retired Debt Councellor I wish to pass on the following information to your worried readers.

 

For the benefit of all those who are in debt with Credit Cards, store cards and loans.

 

The following list of companies are Third Generation debt collectors who DO NOT HOLD a Consumer Credit Licence

or who have had it revoked by OFT/FCA through bad practice. (check on OFT Public Register).

They buy your debt for a pittance from your original Creditor and write to you as though they are acting on their behalf.

 

The names of the Companies are as follows:

 

IQOR recover services ltd,

EOS solutions UK PLC,

CREDIT solutions Ltd,

DIRECT Legal and Collections Ltd,

Weightmans LLP,

ROBINSON Way Ltd,

FREDICKSON international Ltd,

LOWELLS,

LOWELLS portfolio Ltd,

MERCANTILE data bureau,

HILLESDEN securities ltd,

Moorcroft debt recovery Ltd,

MARLIN financial services Ltd,

ScotCall.

 

They are just illegal 'bully boys' who threaten you with court action, door collections (which is now illegal unless you agree to a visit or collection of payment).

 

They always state in their letters that they are collecting the debt for the original Creditor (more like for themselves).

 

They send official looking solicitors letters threatening court action.

 

On checking with the Law Society register you will find they are not even registered to practice Law.

 

To take you to court would cost them more than the debt they have purchased,

also they do not hold a consumers credit licence.

 

Offer them what you can genuinely afford.

Not an impossible amount.

state that is what you would offer the court and that they suspend all interest being added to the account,

as this will cause the debt to get out of control.

 

They will reluctantly accept your offer eventually.

 

STAND YOUR GROUND!

 

This is factually incorrect on a number of points.

 

Firstly, as DX points out, all the above are licenced.

 

Secondly, if they were not licenced, then undertaking licenceable activities would be a criminal offence - a debt counsellor would never advise entering into a payment arrangement in these circumstances.

 

Thirdly, it is not illegal to visit without an appointment; it's a breach of the OFT's Guidance.

 

Lastly, stating that all the named companies write as if representing another company when they are representing themselves is over-simplistic and misleading. Some of the companies named aren't debt purchasers, for a start; others in the list are trading names or group members.

 

It's important to get facts right; not only does incorrect information mislead and confuse people looking for help, stating that companies are acting illegally or without a licence when this is not the case can potentially open both the poster and CAG to allegations of libel.

[fkofilee]

This is factually incorrect on a number of points.

 

Firstly, as DX points out, all the above are licenced.

 

Secondly, if they were not licenced, then undertaking licenceable activities would be a criminal offence - a debt counsellor would never advise entering into a payment arrangement in these circumstances.

 

Thirdly, it is not illegal to visit without an appointment; it's a breach of the OFT's Guidance.

 

Lastly, stating that all the named companies write as if representing another company when they are representing themselves is over-simplistic and misleading. Some of the companies named aren't debt purchasers, for a start; others in the list are trading names or group members.

 

It's important to get facts right; not only does incorrect information mislead and confuse people looking for help, stating that companies are acting illegally or without a licence when this is not the case can potentially open both the poster and CAG to allegations of libel.

 

As Scarlett and DX Said... This is a case of getting the facts straight... however 1 post? I smell fish ^__^

However your advice on standing your ground? Spot on...

[BRIGADIER2JCS]

All incorrect GROUP CONSUMER CREDIT LICENCES cover all the associated companies of a Group.

All solicitors acting as 'debt collectors' on consumer matters are also regulated by a group 'professional' licence.