CB Vs CapOne + CI, Advice ?***WON***

[Curlyben]

OK so I had a crap1 card back in 2000.

The normal story low limit, stopped paying and it was passed to a DCA.

They contacted me a couple years later and I made an arrangement to pay it off.

 

This is where the story should end.

 

Fast forward to end of 2006.

Out of the blue I received, or my folks did, a letter from Lowell saying that they have bought the debt from crap1.

 

Now this is odd as I remember paying this off.

So I gave them a call and explained this and that they should go back to crap1 and check their records.

 

So all goes quiet.

 

Then mid march received a letter from RED debt collections, oh look it's Lowell under a different name.

Now this spurred me into action so SAR'd Crap1 for everything.

 

Well so far so good.

Had delivered, special deliver no less, ALL the paper work from Crap1.

So this weekend I'm going to sit down with a highlighter and see what they owe me.

 

Now as I have been mucked about and I have nothing to loose I'm going for everything WITH CI as well.

Also as this is over 6 years old I feel they will try and fight it.

Should make them sit up and take notice and get RED/Lowell off my back once and for all.

 

I have a slight issue, now there's a surprise.

 

As this account ran 2000 - 2002 the CI will add up to a tidy sum.

Should I stop the interest on the date the agreement ended or go for present day ?

Any idea what rate of CI to use ?

The 2000/02 one or current ??

 

Well in for a penny in for a few hundred pounds

[Curlyben]

OK just run through my transactions and found the following:

Jun 2000 - Jan 2002

Lates - 14

Over Limit - 15

Total Penalities - £504

CI (29.9%) - £895

TOTAL - £1399.

 

Cripes !

[Curlyben]

Ellie, thanks for that.

Well the paperwork I received, which was very detailed, didn't mention the rate .

After reading a whole bunch of other threads I think the overall message was one of use the current rate.

Time to get my prelim all typed and await post from Mt Uddy.

[Curlyben]

Prelim goes in the post tomorrow for a total of £1552.

I wonder what Mr Udy will offer me on that one ?

[Curlyben]

Well they have received and signed for my prelim 01/05.

The clock starts now.

Just waiting to hear from Mr Udy, should be interesting.

[Curlyben]

For the CCI sheets have a look here: VAMPIRESS'S CHAMBER

Try sheet 13.

Now CI is the rate the card charges you each and every month.

This should be confused with the 8% stat rate that the courts can award in cases like this.

[Curlyben]

Right in your prelim you go with CCI, the 8% stat can only be claimed at MCOL stage.

 

Now claim for EVERYTHING.

The £12 is NOT a hard limit as this hasn't been proved to be lawful.

The OFT recomended this as a limit for charges, saying that they wont investigate levels below this "limit".

[Curlyben]

Ellie, saying that there are a few members that have managed to claim both

[Curlyben]

Yep that's it.

[Curlyben]

Well my Prelim was signed for on the FIRST, but it seems that Mr Udy doesn't want to talk to me.

I'll leave this till next week and send my LBA.

[Curlyben]

All ready and waitng there Noddy

[Curlyben]

Right a little update for you.

I've just come back from visiting my folks, and what did I find but a bog off letter from Cap1.

Now why do they respond to my SAR at my new address yet still respond to my prelim at my old address.

 

Any way it was a typical "four weeks investigation" letter, so time for my LBA.

Must admit to being slightly surprised by their response considering I'm claiming back to 2000.

Oh well their losse.

[Curlyben]

What planet are these people on.

Just received a letter at my home address saying that they can't find an account for me at this address.

Well that's hardly surprising as I've moved.

Now EVERY letter I send to these people has my account number and previous address on it, didn't stop my SAR, so this is obviously a new stalling tactic from them.

Oh well, time to resend my LBA and give them another 14 days.

What complete planks !

[Curlyben]

Received from my folks another nasty gram from RED.

I guess they don't know how to read DISPUTE.

 

Now this was the "we'll take legal action and make you bankrupt" one.

 

So what the hey, I decided to call them.

Freephone number for Lowell found (0800 0270 194), well they ARE both in the same building.

Was passed around a bit untill I ended up on the desk of " Jonathan.

I answer the "security" question correctly, well might as well and gave J a choice;

Either

1/ Conduct this call in an Adult and professional manner

OR

2/ Rant and rave and get nasty straight off.

 

This kid had his head screwed on right and chose option 1/, good for him.

After making it VERY clear that I didn't acknowledge any debt to RED, I gave him a quick update on what had been happening and the fact RED where still ignoring my dispute.

J informed me that the outstanding debt had been adjusted to about £70.

Fair enough I thought Cap1 have obviously been listening to some of my claim.

I then explained to J that I am pusuing Cap1 for ALL the charges AND CCI (had to explain that one to him) and I will be taking them to court over it.

J asked what value I was claiming.

Well over 20 times the figure he gave me, I replied.

 

I was then put on hold for a bit as J talked to the organ grinder (Teamm leader), when he came back he said that this debt was still due and RED would pursue it.

I then explained that acording to Cap1's S.A.R - (Subject Access Request) this debt becomes Stat Barred in about 6 months and if RED wants to take a legal route with me I'll tie them up in red tape so that it does. (A simple CCA will do that nicely)

Off J goes to the organ man again and returns to inform me that RED will be returning this account to Cap1 and won't be actioning me again.

Of course I requested this in writing.

 

So Curlyben strikes again and makes another DCA take their ball home.

 

So

DCA's - 0 CB - 6 !!!!!

 

Who's next

[Curlyben]

Oooops kind of lost track of time with this one.

Well LBA all done and dusted and NO response.

Slightly surprised as I didn't get an Udy missive.

 

Oh well time to get my N1 sorted out and get this baby filed

[Curlyben]

Well another nice letter from Cap1, saying that they ahve done nothing wrong and they will only refund £132. Well we'll just have to see about that, wont we

[Curlyben]

OK I've been very lax on this one.

I offered Cap1 a compromise, but they turned it down.

Oh well all looks good for the courts

 

Right so time to get moving again.

Now as this account started in 2000 should I mention anything about the limitations act in my POC, or just keep quiet.

The responses I've had from Cap1 haven't said anything about this, so I'm inclined to not mention it at all in my POC, but will do if it comes up in their defence.

 

Comments ?

[Curlyben]

ODC, it's Cap1 so ALL they would have is the mailer application from I filled in from 2000

 

Red couldn't call a bankruptcy on this anyway as they where only chasing £200, but its not the amount but the principle of the thing.

After all I wouldn't be pursueing Cap1 for the charges if Lowell hadn't approached me in the first palce.

 

Their lose really, but what fun

[Curlyben]

*Update*

 

Well I've been a right lazy bottom with this and kid of left it simmering, but I got a couple of letters from the Clowns so that has spurred me on.

 

So too a nice jaunt to my local court with my 4 pages worth of N1, 3 times, paid the nice man and filed my claim.

 

So now the waiting begins.

 

Must admit I'm NOT going to my local court on a Friday again as it's sentencing day. There was SIX armed police, 8 motorcycle cops as well as a whole load of others. Made me feel a little uneasy I can tell you.

[Curlyben]

Right received my court paperwork in the post this morning.

Cap1 are deemed served on the 19th August, which is nice seeing how that's Sunday !!

 

So the waiting now starts.

[Curlyben]

So one week down, some to go.

Come on Cap1 you know I'm serious now so cough up

[Curlyben]

OK letter from court this morning saying that Cap1 have acknowledged service as of 28th.

So onwards and see what they do next.

[Curlyben]

Well this morning I received a letter saying Cap1 will repay;

ALL Charges

ALL interest on the account

s69 8% interest

Court Fees

so in total just over £900.

Ok so this wasn't the CCI total I was claiming, but a result anyway.

 

So where does the DCA come into it.

Well in July 2006 this account was sold to our friends Lowells.

Yes they ARE the owner of the account so

In order to apply these refunds, I have had to contact Lowell Portfolio and ask them to refund the above amount. As you only had an outstanding balance of £70ish, I have arranged to send the credit balance of £850ish to you via a cheque. You will receive this within the next 14 days

 

So a dodgy Cap1 account they bought has ended up costing them OVER £850 !!!!!

 

I would love to of been part of that conversation

 

I can't wait for the cheque as I'll scan it for everyone's amusement.

 

Now that's a RESULT in anyone's book !!!

[Curlyben]

Well in all honesty as they have offered to repay what they have, then court would simply be about CCI and nothing else.

I'm not that confident arguing just for the interest and nowt else.

[Curlyben]

Well cheque received this morning from Cap1.

Court action continues until it clears