Lowells/Cap1 2005 - CCA return - fold App Form + V10 T&C's - enforceable?

[humbleman]

DUTEB

 

Any update on this

[DebtUpToMyEyeBalls]

**UPDATE** I have had no letters from Capital One at all since my last response to them....(fingers crossed)

[Hentooth]

Well if it does carry on, the way I stopped them was emailed their CEO in the USA and told him every time I got a call or letter related to our disputed account, I would email him to show him how annoying it is.

 

After 2 weeks and more than 40 emails I got a polite letter from the customer services director of Cap One UK thanking me for my emails to Rich Fairbank and assuring me that the harassment would end.

 

And it did.

 

 

Here's that email address should you need it rich.fairbank@capitalone.com

[DebtUpToMyEyeBalls]

Yesterday I received a letter from Lowell Portfolio (LOW106) informing me they have purchased the debt from Captial One

and today I received a letter from Capital One (LOW101) informing me the account has been sold to Lowell Portfolio.

 

As you can see from previous in this thread, the Capital One account has been in dispute with Capital One since July 2009.

 

I have not heard anything from Capital One for nearly 4 and half years and now I receive these letters.

 

 

What course of action do I need to do with Lowell Portfolio regarding these letters

 

Many thanks

[letsgetitsorted]

these are the same letters that a few of us have received this week

[BRIGADIER2JCS]

these are the same letters that a few of us have received this week

Lowell has acquired a raft of Capone accounts many of which may well be "lemons".

[Bandit127]

Lowells will not know that this account is disputed and you will need to tell them in writing simply that the account is in dispute with the original creditor.

 

I would also add the requirement to keep it in writing.

[DebtUpToMyEyeBalls]

Thanks Guys replying to my thread.

 

Is there a letter I need to send to these people informing them of the dispute?

[SWLABR9]

Would it be pertinent to ask what the legal status of the account is, see if Lowells already know it's, as you suggest, a lemon? It'd be interesting to see them chase it after that

[unclebulgaria67]

Is this debt still on your credit record ?

 

If it is no longer on there, it could be statute barred ?

[DebtUpToMyEyeBalls]

I have just checked my Equifax credit report and there is no sign of the Capital One Entry at all????. When I last checked in 2012 it was showing on my Experian as defaulted on Aug 2009, so I cant understand why its not there as it has not reached the 6 year Statute Barred???

[DebtUpToMyEyeBalls]

Please can somebody point me in the direction of an suitable up to date letter to inform Lowell that the account is in dispute, I've looked in the templates section with no luck.

[unclebulgaria67]

I have just checked my Equifax credit report and there is no sign of the Capital One Entry at all????. When I last checked in 2012 it was showing on my Experian as defaulted on Aug 2009, so I cant understand why its not there as it has not reached the 6 year Statute Barred???

 

It may have been removed as part of the sale of the debt, with Lowell to add their name in replacement.

 

Think you need to find out from Capone when the account actually went into default, unless you know when you defaulted on payment. Do you have all the paperwork for the account ? I have not read all the thread, but if it ain't statute barred, Lowells may attempt to enforce the debt by CCJ.

[DebtUpToMyEyeBalls]

I have a copy of the 2012 Experian credit report and it states the Capital One default date as 31/08/2009.

[unclebulgaria67]

I have a copy of the 2012 Experian credit report and it states the Capital One default date as 31/08/2009.

 

Is that the correct date as far as you know ? This would indicate that you stopped paying around June 2009. I think most credit cards go into default a couple of months later.

[DebtUpToMyEyeBalls]

Last payment showing on the account was March 2009

[unclebulgaria67]

If the default date is correct, then I am not sure I would do anything at this stage. Lowells are at an early stage in their chasing process and no doubt you will get further letters. If you have copies of the correspondence regarding a previous CCA request and then this being complied with without all the prescribed terms, then I would keep this to yourself for now. If you write back to them now, they will have to deal with your letter and they will start looking into it. You are about a year before it is statute barred, so perhaps wait to write to them about the account being in dispute and that a copy of the CCA with all the prescribed terms was not available.

[unclebulgaria67]

Last payment showing on the account was March 2009

 

So if payment was due in April which you did not pay, it probably should have been defaulted in June 2009, so possibly the date on your credit record is 2 months out. But CapOne may have issued the DN late. It would depend on what CapOne terms say about default timing.

[BRIGADIER2JCS]

Have you sent a CCA request to Lowell yet?

 

 

The "prove it " letter from the CAG library to Lowell.

[DebtUpToMyEyeBalls]

I will sending the "prove it " letter tomorrow.

[DebtUpToMyEyeBalls]

I have also checked another credit report with Noodle and the Captial One debt is not showing on that one either.

[unclebulgaria67]

I will sending the "prove it " letter tomorrow.

 

Have you ever sent a CCA request for this debt ?

[DebtUpToMyEyeBalls]

Yes back in 2009

[BRIGADIER2JCS]

Worth a quid to see what happens?

[DebtUpToMyEyeBalls]

Received another letter today stating the debt is still outstanding and if account is not repaid legal action against me maybe be taken in the form of an application to the County Court for a Judgment to recover or they could apply for my bankruptcy.

 

 

Is it now time to send a CCA Request??