Sneaky Lowell

[Boogiemaster]

Lowell bought a debt from Capital one and i sent a prove it letter.

I asked for signed credit agreement and in their letter it says here is the statements you requested?

I asked for a signed agreement not bloody statements.

Anyway on checking the statements it shows a standing order with various payments from £20 to £160.

The thing is i paid with the payment slips they sent and never had a standing order.

I use to be with Abbey national and just had a savings account and paid with the payment slip there.

The last payment was late 2005 and the standing order takes the payments to march 2006.

The default says it won't be off till next year but this sounds fishy as hell to me.

The credit limit was £200 but with charges and late payments fees brings it up to £440.

[Angry Cat]

Re: Sneaky Lowell

Lowell bought a debt from Capital one and i sent a prove it letter.

I asked for signed credit agreement and in their letter it says here is the statements you requested?

I asked for a signed agreement not bloody statements.

Anyway on checking the statements it shows a standing order with various payments from £20 to £160.

The thing is i paid with the payment slips they sent and never had a standing order.

I use to be with Abbey national and just had a savings account and paid with the payment slip there.

The last payment was late 2005 and the standing order takes the payments to march 2006.

The default says it won't be off till next year but this sounds fishy as hell to me.

The credit limit was £200 but with charges and late payments fees brings it up to £440.

You sent a prove it letter which requested proof of liability of the purported debt.

Just sending statements is not sufficient proof!

If you have not already made a s77-79 CCA request, suggest that you make one and;
a full SAR.

[Boogiemaster]

Re: Sneaky Lowell

Its been a month since i asked them and they have failed to send me the cca.

They said on the phone they are waiting for capital one to send it to them.

I rang up yesterday and they said nothing has been sent yet.

[caspar]

Re: Sneaky Lowell

Hi Boogiemaster,

A couple of things. Firstly I would never talk to them on the phone - big mistake as you have no record of what has been said. Insit that everything from now on is in writing "for the avoidance of doubt." If they continue to phone, refuse to go through security and ask them to write to you, then put the phone down.

Secondly they have defaulted on the account at the moment. It is not your job to chase them up. As long as they are the ones causing the default all those late payment charges can be reclaimed.

Basically, until they write to you with something purposeful and worthwhile you have nothing further to say to them.

[Angry Cat]

Re: Sneaky Lowell

Its been a month since i asked them and they have failed to send me the cca.

They said on the phone they are waiting for capital one to send it to them.

I rang up yesterday and they said nothing has been sent yet.

Knowing the Leeds Losers, you could be in for a long wait

[Never-In-Doubt]

Re: Sneaky Lowell

If nothing was paid since 2005/6 then it'll shortly be statute barred - why are you even contemplating writing to them?

However as you have already, you ONLY need to insist on the prove it letter - a set of statements is nothing, the prove it letter clearly tells them unless THEY can prove you are liable, you do not acknowledge the debt - therefore do not send a SAR or a CCA request as you're not acknowledging it - its £400 FFS - they will NOT take action over this and if they do you can pay like £100 in F&F to get rid, at a worse case - however I'd be ignoring them or sending the same prove it request highlighting the fact that you want proof of your liability, not some random statements!

[caspar]

Re: Sneaky Lowell

As they're the ones causing the default, I would not even write anything to them. Why rock the boat when all is quiet?

[Boogiemaster]

Re: Sneaky Lowell

They agreed to remove the default is no cca turns up and i know it won't turn up because its at home with me