Capital One old debts

[lofichic]

Hiya

I've been a member of this forum for a while but never posted. As it is, I could do with some advice on what to do in my situation.

 

I've started to get letters and now phone calls about an old debt with Capital One, which dates from 2001. I am pretty sure that I paid it off back then, however I've started to get letters from Lowell, and now Robinson Way.

 

I've now started on the phone calls. I've not acknowledged their calls or letters yet as I don't want to acknowledge the debt and am trying to work out what to do.

 

A few questions, I'll try and be clear.

 

1. On another thread, someone said Robinson Way aren't registered with the ICO. If so, can they even be haranguing me for monies?

 

2. Should I reply to them at all, and if so, what should I say?

 

3. I've never received a default letter about this debt - don't I need to have had this in order for a debt to be chased at any time?

 

I'm really cautious about getting involved in this. I don't want to end up acknowledging in any form a debt and open up 6 years on it, not least when I don't know anything about the figure. Could some kind soul give me some pointers about what to do?

 

Also, next time they ring - can I tell them that they're not to ring again. If I tell them this and they do, are they harrassing me? Am I allowed to withold their right to ring me?

[Smoothy]

Hiya

I've been a member of this forum for a while but never posted. As it is, I could do with some advice on what to do in my situation.

 

I've started to get letters and now phone calls about an old debt with Capital One, which dates from 2001. I am pretty sure that I paid it off back then, however I've started to get letters from Lowell, and now Robinson Way.

 

I've now started on the phone calls. I've not acknowledged their calls or letters yet as I don't want to acknowledge the debt and am trying to work out what to do.

 

A few questions, I'll try and be clear.

 

1. On another thread, someone said Robinson Way aren't registered with the Information Commissioners Office. If so, can they even be haranguing me for monies?

 

2. Should I reply to them at all, and if so, what should I say?

 

3. I've never received a default letter about this debt - don't I need to have had this in order for a debt to be chased at any time?

 

I'm really cautious about getting involved in this. I don't want to end up acknowledging in any form a debt and open up 6 years on it, not least when I don't know anything about the figure. Could some kind soul give me some pointers about what to do?

 

Also, next time they ring - can I tell them that they're not to ring again. If I tell them this and they do, are they harrassing me? Am I allowed to withold their right to ring me?

 

Hi Lofichic!

 

Trust me, you’re not alone here!!!

When you get a few minutes to spare, try reading this (although you may have already!) http://www.consumeractiongroup.co.uk/forum/capital-one/48377-lets-make-cap1-uncomfortable.html

 

In the meantime, try sending them a letter incorporating the points you wish to raise. something along these lines

Sir/Madam

 

Your Reference: XXXXXXXXXXXXXX

 

 

I do not acknowledge ANY debt to your company. I require you to supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the executed agreement under the legislation contained within s.77 - s79 Consumer Credit Act 1974. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxxxxxxxxxxx.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

 

Furthermore I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (Even if you don‘t have recording equipment!! Remember to delete this!!)

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

Yours faithfully

 

Just amend it to include you personal details and anything else you want to convey.

Hope this helps

Read through a few other Capital one threads and you will see how others have handled this situation. http://www.consumeractiongroup.co.uk/forum/capital-one/

 

Smoothy

[Muggerbee]

Just a thought, but i would assume if you allegedly owe Cap 1 money then a fair proportion of it would be made up of Penalty charges..

 

If you incurred any charges at all in the last 6 years then have a look at claiming back all of them, you may even cover your alleged debt. Also, if these charges were more than the default you could have a chance of forcing

removal of the default notice from the register..

 

Good luck

[lookinforinfo]

You could get a look at your credit files to see what is registered on your

Cap 1 account. You will also find if there are any defaults on your account.

It mab be that Lowells have the wrong guy, ut if not....

Then send Cap 1 an sar which is a general fishing trip that

should give you details of the debt as well without mentioning it. You should

be told how the debt started and any charges applied. And correspondence between them and Lowells.