Cap1 Card Debt & Lowell/Hamptons (Cap 1)

[tooth_fairy]

As part of my spring clean of my finances, I have now moved on to a CCA request from Lowells, which has been sent today.

 

Lowells have been receiving money from me via CCCS for a few years, recently the account was sent to Hamptons for 'further legal prodeedings to commence', which didn't happen and the account has been passed back to Lowell.

 

Today, Lowells very kindly offered me a settlement of 50% of the outstanding balance of £1140, so £570 and saying if I do not accept it will be passed to Red, who specialise in insolvency apparently.

 

Lowells have until 16 July to comply.

 

I can't remember signing a CCA with Capital One, although I remember applying for it over the phone about 7 years ago and my last payment must have been about 4-5 years ago, before I went through CCCS, the balance was originally about £450 and charges made it go up to £1700 and the £1140 is the amount outstanding now after CCCS payments.

 

I have really annoyed CCCS apprently by requesting my CCA's from my creditors, they don't approve and I have been told they may cease my arrangement if I do not stop!

 

Wish me luck, If I get my CCA, I will be doing a S.A.R - (Subject Access Request) to Capital One and hope to get a reduced F&FS from them.

 

TF x

 

P.S Anyone's experience with Lowells/Hamptons/Capital One would be most appreciated as I have read (and heard) that they are not the nicest DCA in the world.

[Belaflat]

On the figures you give there, you would be as well going for a S.A.R - (Subject Access Request) to reclaim the charges.

It should wipe out the debt and leave you with some over not to mention the prospect of reducing the debt further by taking into account the sums already handed over.

[tooth_fairy]

Thanks Belaflat, that is what I am hoping may happen, I would just like to see first if the CCA is present and correct first, for obvious reasons!

[mickyn]

Thanks Belaflat, that is what I am hoping may happen, I would just like to see first if the CCA is present and correct first, for obvious reasons!

 

 

im new to this what is the obvious reasons:idea:

[rory32]

mickyn. if they don't have a copy of the agreement the debt is unenforceable. That is what the obvious reasons are. They can't enforce the debt so you don't pay it.

 

Tooth fairy Red are just another part of Llowells.

[tooth_fairy]

im new to this what is the obvious reasons:idea:

 

To ensure the debt is enforceable, which is fairly important, as if it isn't, I want the debt written off, if it is enforcable, I am in a position now to make an offer of full and final settlement, as the account has been in default for about 5 years, I am hoping they will accept a 50% settlement of the original debt not the outstanding debt currently.

 

Thanks, Rory, I wasn't aware that Red were too a part of Lowell, I realise Lowell Finance, Lowell Portfolio & Hamptons Legal are all one of the same, but thanks for clarifying about Red.

 

In any case, I have been making payments through the CCCS and I have no assets other than debt (which they can have if they want), so I am not sure what their gain would be in their threat of insolvency.

 

Thanks,

TF x

[tooth_fairy]

Can anyone advise please?

 

Lowell's have rung my mobile today and left a message (I don't answer calls I don't recognise) and I have now posted an anti-telephone letter just now.

 

My query being, I have NEVER given any DCA my phone number, mobile work or home, how on earth did they get my number?

 

It wouldn't have been from Cap1 as I have only had this mobile number a few months, having lost my SIM card somehow?

 

Baffled.....

[tooth_fairy]

Lowells have technically defaulted today although with the 2 postal strikes inbetween my request and today, I am allowing them an extra 2 days til Wednesday!!

[rory32]

I am allowing them an extra 2 days til Wednesday!!

I think you would have to to be seen to be reasonable.

[tooth_fairy]

Not a happy fairy today....

 

Had a letter from RED collection services who Lowell said they would pass the debt to if they didn't hear from me, they did, they had a request for a CCA which is unfulfilled.

 

RED are now saying they intend to commence legal action in the County Court.

 

Should I be unduly worried or is this just another scare tactic on their part, a bit annoyed Lowells passed it to RED whilst it was in dispute, even though I understand they are one of the same group.

 

TF x

[babybear39]

Deosn't matter if they're part of the same group...They CANNOT pass to another DCA whilst account is in dispute!

[tooth_fairy]

Right....stinky letter going in the post...any ideas if it should be directed to Lowell, RED or both.

[babybear39]

Both i'd say

[Vampyra]

I'm dealing with Lowells and Red at the mo too. Persistant little critters, aren't they?

 

Interesting Rory notes that passing it to Red consititutes another DCA whilst in dispute! I'll get onto that one.

[tooth_fairy]

Red have written to me again, stating a door step collector is going to call on me AND they intend to make me bankrupt.

 

Just sent them a polite notice stating that in court they'll need to provide a property executed CCA, would they be so kind as to provide to me as per my 26th June request to Lowells?

 

Not sure who is worse, Lowells for passing it on even though they shouldn't have or Red who never seem to get the message!

[clutchingatstraws]

Have you stopped paying them yet?

 

They are well beyond the deadlines on this one

[tooth_fairy]

Yes, I have.

I was on a CCCS plan, however they dropped my plan because I was going after all my CCA's, and many of the companies didn't produce CCA's or said they couldn't produce CCA's, this is the last one outstanding so far.

Made F&F settlements now on some others which was all above board, so nearly there!

[tooth_fairy]

Not a peep from them yet, am I right in thinking all the deadlines are past now?!

[tooth_fairy]

Gone awfully quiet on this one.....

I went away on my hols and expected a lovely letter from these people and they couldn't be bothered.

They obviously don't love me anymore!

[RETURNED TO SENDER]

Any thing else happened ?

[tooth_fairy]

No not a dickie bird.

Leeds TS informed, but not acting on anything, apprently due to a backlog!!

No response from OFT yet either, but not unexpected either.

[tooth_fairy]

Aaahh they have reared their ugly heads again.......

Apologies first off for my disappearence, I changed ISP's and I am having continous connection issues, I am hoping they'll be resolved next week.

 

Anyway, I had another 'demand' from Lowells for £917 for the Cap 1 balance. The amount has changed but all the ref no's are the same. Seeing as they are yet to provide a response to my CCA request, I think I'll file that under 'C'

 

TF x

[ODC]

Lowells/Red/Hamptons seem to go around in circles with their threats. They keep promising Court action and then go back to threats and back to Court threats. They bought a shed load of Unenforcable CAPONE debts and are trying to vbluff people into paying them. Just forward your latest threat to TS.