Lowell and Red wanting payment over old capital one card

[ryan5]

hi, just signed up to this amazing resource as i need help with Lowell and Red and will also be helping my mother with her unsecured debts mainly catalogues, and provident loans.

 

---dealings with capital one----

Last payment: oct 2009

Balance after last payment c3600

Amount demanded c4000

 

In 2009 i received a letter from cap1 stating times where hard and they needed to up the interest rate.

 

I wanted to see if they could do this so sent a cca request, the agreement received is a one page application, which refers to a section 23 overleaf(i have no idea what was on the back).

 

Letters went back and forth, they saying the agreement sent does comply and me saying i dispute any alleged debt due to a non compliant agreement.

 

Cap1 set the in-house dca's on to me which i replied with the bemused in dispute letter, to which all sent replies sending back to cap1.

 

Lowell made contact in Aug 2014

 

Shortly after cap1 and lowell send assignment letters

 

Red made contact in Oct 2014

 

Red's last letter has stated they will be passing my account to Hamptons Legal their pre-litigation dept unless i pay them within 10 days.

 

Please can anyone advise what i should do, i thought about sending a bemused in dispute letter but to who do i send it, and is this the best course of action.

 

thank you.

[ryan5]

the card application was made in 2001

[citizenB]

If this were me, I would simply send another CCA request with a short letter advising that Capone have not complied with your s78 request and perhaps they would now like to deal with this.

[Desperate Daniella]

Hi Ryan,

 

 

Yes, send the letter and see what they say.

 

 

2001 Capital One application forms, which is what this is, do not comply with the CCA 1974.

 

 

Did the assignment letters from CapOne and Lowell arrive in the same envelope? They usually do because Lowell just type up the CapOne too. CapOne really shouldn't be giving their stationery out to all and sundry but they do.

 

 

You may have to play a bit of letter tennis, or you can ignore them and see what they decide to do. Personally I prefer letter tennis and after I sent them some fairly strong letters they decided to write off my account. If you fight back they'll look for easier targets - those poor people who haven't found CAG.

 

 

DD

 

 

DD

[ryan5]

hi citizebB and DD,

 

Thank you for the quick replies, i will send the bemused letter and a CCA request with a letter about cap1 not providing a compliant agreement.

 

I notice the address for Red and Lowell is the same PO box in Leeds, will sending by recorded delivery to a PO box still get a signature on delivery.

 

Once again thank you both.

[ryan5]

hi DD, the assignment letters did come in separate envelopes but i do recall both did have a Huddersfield return address which i thought quite odd.

[Old Cogger]

Ellington House. 9 Savannah Way, Leeds Valley Park West. LEEDS. West Yorkshire. LS10 1AB. Telephone, 0845 300 9410. Fax, 0845

[ryan5]

hi Mike, thank you

 

i will get the letters sent today, out of interest i note they have provided a contact email address and i was just wondering if i sent the letters by email would they stand up in court as correspondence.

[Old Cogger]

in writing Recorded Delivery only, keep receipts attached to your copy letter etc for evidence, e-mail and you are doomed to bombardment it has been reported also they can say non receipt??

 

do not trust the opposition!

[ryan5]

Understood, will get on with doing them now. i will send the CCA to Lowell and the bemused in dispute letter to Red.

 

Will keep everyone updated.

 

thank you

[ryan5]

Sorry just before i get on with the letters, has anything changed since 2009/2010 regarding what needs to be in a CCA request and account in dispute don't send anyone to my door letters. thank you

[Old Cogger]

Sorry just before i get on with the letters, has anything changed since 2009/2010 regarding what needs to be in a CCA request and account in dispute don't send anyone to my door letters. thank you

 

not to mind just send for now, you mean rights of access

[ryan5]

thanks Mike, yes i add it to the bottom of the bemused letter and it's worked everytime with cap1's in-house dca's. let's see what Red say.

[ryan5]

Posted the CCA request and Bemused letters this morning, will post up the replies when recieved. thank you

[Desperate Daniella]

hi DD, the assignment letters did come in separate envelopes but i do recall both did have a Huddersfield return address which i thought quite odd.

 

 

 

It's absolutely appalling but many of the banks, particularly Capital One and Barclays actually allow the DCAs to send out letters on their headed paper. When I get through my particular situations I'm going to raise this issue with the FOS. This is so wrong.

[Old Cogger]

That has been allowed now for a few years it seems. look on side of OC letter = usually states LOW1 etc for Lowells if that who it is sold to.

[Desperate Daniella]

Hi Mike,

 

 

Who exactly allows this? Has there ever been any ruling anywhere that this is okay?

 

 

In a normal, small to medium sized company the Directors/management wouldn't want a third party sending out letters on their headed paper and if a bank wants to assign an account they should do so in each individual case, not just hand over some headed paper to the DCA bullyboys and allow them to write what they like.

 

 

Half the time if you ask one of these companies to send you a copy of the Notice of Assignment they can't, and will say they have already sent it. The reason they can't/won't is because they just churn them out and don't even keep a copy of what they have sent. They are very reluctant to send a second one because they don't have a note of the date they sent the first one! They can create a new one, of course, but they are worried you'll then have two with totally different dates!

 

 

I did actually mention this use of another organization's headed paper to the FOS some years ago and they didn't think too highly of it, but I wonder if there ever has been a final ruling from anyone about this?

 

 

DD

[unclebulgaria67]

This has been the case for years. There are no rules, law or case precedents regarding banks or DCA's issuing documents on behalf of another company they have an arrangement with.

 

Most Insurance companies issue documents on behalf of companies they do the underwriting for. If you buy Insurance from the Post Office, they don't issue the docments, as they have just lent their brand style to an Insurance company to sell Insurances. But there is usually some small print to explain the situation. But the same Insurance companies may also have debt collector headed paper to use as part of their debt collection process. It is an agreement between the Insurers and debt collectors that before a debt is passed to the debt collector that the Insurance company will send a letter using the DCA's headed paper. They find that this works in gaining payment, to avoid too many debts going to the DCA.

 

I suspect that if the FCA receives a volume of complaints about this, then they may take action in getting the DCA to make clear they are issuing paperwork on behalf of a bank. That is the only way I could see this change being made. Or perhaps a complaint to MP's to take up with government ministers. It is not something the FOS will deal with to change what is currently happening.

[Desperate Daniella]

Hmm. I think, as I said, when I clear some more of my financial issues I'll start writing to people about this.

 

 

If you wrote to the bank itself and asked for a copy of the Notice of Assignment they would never be able to produce it because they didn't actually issue it! What a farce.

 

 

DD

[unclebulgaria67]

Hmm. I think, as I said, when I clear some more of my financial issues I'll start writing to people about this.

 

 

If you wrote to the bank itself and asked for a copy of the Notice of Assignment they would never be able to produce it because they didn't actually issue it! What a farce.

 

 

DD

 

Perhaps something that CAG could campaign on if they thought it was a big enough issue.

 

The issue would be the 'Notice of Assignment', what information it should contain, who can issue it, what the process is etc. It should be clear about who owns a debt and if it is to be sold, notice should be sent by the original creditors. It should be a standard legal document which contains compulsory information for the debtor to be aware of.

[Desperate Daniella]

I think you are right. It's ludicrous that the banks/card companies don't even know what's being sent out in the name.

 

 

I take Mike's point about insurance companies, but this is a little different.

[goodatresearch]

I've actually raised this matter with FOS and they weren't interested. The adjudicator said that creditors allow debt purchasers to use their letterheads to send NOA. She couldn't see a problem.

 

 

I think you are right. It's ludicrous that the banks/card companies don't even know what's being sent out in the name.

 

 

I take Mike's point about insurance companies, but this is a little different.

[ryan5]

Update:

 

Checked to post office tracking, 1 letter has been delivered and a signature given, the tracking for the other letter says "being progressed through our network for delivery." waste of a £1. I tell you if the P/O didn't make you jump through a million hoops, i'd claim back that £1 and give it to charity.

 

DD i totally agree with you on the Notice of Assignment issue.

[Old Cogger]

Fob Off Service

[ryan5]

Fob Off Service

 

Yup and you pay for the privilege . Only in the UK.