Krapital1 and Lowell

[ratbag1970]

Ok I'll try and give a brief breakdown.

Krap1 CC, partner redundant, CAB Debt Advice, debt sold to Lowell.

Krap1 Credit Card. I have already sent a CCA & SAR to Krap1. Had both returned. SAR full and compete. Couple of things:

1: They say to pursue any PPI claim I have to send a separate complaint as "Data Protection Act 1998 we are not obliged to send documents which do not contain any customer's data." Another forum hasn't been particularly forthcoming with advice beyond CCA & SAR.

2: I am not entirely convinced that the CCA that was sent, hasn't been properly executed. It is, as it states, an application form. At best I can photograph it and email to someone but I have no facility to scan. There are no T&c's, no credit limit, no interest, no APR. At the top it states quite clearly "FORM 3360 APPLICATION CERTIFICATE". Please bear in mind this was May 2000.
I would really like to find out whether or not this would be an application form OR if it is a properly executed CCA.

Please note that the debt was sold to Lowell in 2006, and according to my calculations at the payment rate set by CAB we should have almost half cleared the original debt, but in fact on Lowell's last letter (3weeks ago) the debt hasn't decreased by even a quarter!

All the info is in a thread on another forum, for which I am happy to provide a link.

Many thanks in advance.

[ratbag1970]

Re: Krapital1 and Lowell

Is there anyone available to advise on this please?

[MrsD]

Re: Krapital1 and Lowell

Good Morning

misread your dates there


with CCs, if you have anything that purports to be a CCA, it needs to be sent to Niddy who will examine and give you a definitive answer.

are you still paying this?
if you're not when did you stop?

[Never-In-Doubt]

Re: Krapital1 and Lowell

Well going on what you say that's not an executed agreement.

The ppi is a different process but statements of your account should come in the SAR for you to calculate ppi refund.

Send a pm to Di30 regards ppi. She's our expert.

Regards cca id be inclined to wait and see what ppi refund you can get first before arguing the cca as you usually only claim ppi refund if it'll help clear the debt balance.

[CAPS ESC]

Re: Krapital1 and Lowell

hi ratbag
i'm no authority but i do know that an application can be enforceable although yours sounds like its UE and i think you can safely act as if it is missing PT.

if there's none of your personal data on there ppi database doesn't that imply you didn't have it. Perhaps just ask them to confirm whether it ever was or it has been removed/destroyed.

just suggestions whilst we wait for an expert opinion.

oops too late, thanks Niddy,Mrsd

[ken100464]

Re: Krapital1 and Lowell

Leaving the CCA to one side but with regards to the PPI the OP's post is confusing.

If you had a full and complete SAR (We had a CAPONE card and have their SAR) then you will have everything you need to make a PPI claim. If indeed you had PPI. PPI is clearly shown on the statements. If not there then you didnt have it

Ours was clear as day showed the CCA was unticked no phonecall in the coms log PPI applied sometime by persons unknown

Statements allowed account to be reconstructed using any of the PPI Calculators widely available.

CAPONE was to give then their due the clearest SAR we had. You should see the MBNA one if you want a difficult data set to wade through.

So if you have full SAR I dont understand the bit about they dont have to give you documents which dont have your name on them or directly related to you.

That I would think is obvious otherwise we would be asking all sorts of silly questions for documents we have no right to see.

What exactly were you after to get this kind of response?

Just not clear from the OP if indeed you actually had PPI or if its just CAPONE assuming the SAR request relates to a possible PPI claim in the future.

Great if you could clear that up for us. Makes a difference to the advice.

[ratbag1970]

Re: Krapital1 and Lowell

Ok, I'll try and answer points:

MrsD: Thank you. I will do my best to get a copy of the "CCA" from Krap1 over to Niddy. No, I'm not still paying, stopped November 2012. Although they were only recieving a nominal payments as arranged by CAB in 2006.

Never-in-Doubt: I am inclined to believe it is not a properly executed CCA. It doesn't include any of the prescribed terms, but as I'm no expert I'd like someone else's opinion. The PPI part is where I'm stuck as I'm not sure how to proceed. I have statements, print out's of phone intervention and Apollo print outs so I can calculate the PPI. I had thought about which approach to take regarding CCA UE/PPI claim, but I'm curious about what an improperly executed CCA would have regarding any payout. Could I in all actuallity argue the CCA hasn't been properly executed if I have made a re-claim to PPI?

CAPS ESC:PPI payments are clearly shown on the statements sent as compliance of the SAR. The part I need help with is that Krap1 say I need to make a seperate compliant for PPI claim to their insurers: I have no idea who that is or where to start with it!!

Ken100464: Please see above. The letter taken in whole context, rather than the breif quote, baisically says that as the PPI was paid to the insurers no Krap1 they cannot give me any details as they don't hold any info regarding PPI as that is held with their insurers.

I just need a bit of help with:

Calculating PPI paid and interest that needs to be calculated.
Who I send letter to regarding PPI re-claim: Krap1 or their insurers.
And some further help with how to deal with Lowell re-oustanding balance of the debt that they purchased from Krap1.
At no point am I denying that some of the balance is owed but I am most certainly willing to contest the amount they are saying is outstanding!

Thank you in advance for any help or advice

[ken100464]

Re: Krapital1 and Lowell

Aha.

Think you will find if you are going UE the advice is the PPI is left well alone until the end game.

Why claim a bit when sometimes your trying to write the whole lot off.

Not sure what Crap One are on about the insurers for.

That sounds like the crap you have to do for the storecards or dodgy companies pre 2005.

Get those CCA's looked at.

[ratbag1970]

Re: Krapital1 and Lowell

The Krap1 card was taken out back in 2000..........I thought Krap1 were dodgy?? lol.

I haven't got access to a scanner at present so not sure of the best way to get the Aplication Form/CCA looked at???

My main concern at present is dealing with Lowell. I have been dealing with DCA's for some time going down usual advised routes, 6 other DCA's have not conformed with the CCA requests sent to them in Nov, so I sent out non-compliance letters, heard nothing since so I'm letting sleeping dogs lie so-to-speak.
Krap1 state in their letter included with the SAR that the account is settled and the paperwork shows that Lowell bought the debt. I am thinking now of asking Lowel for a statment of account OR sending them a SAR. My way of thinking is that if they now own the debt, I should be able to send them a SAR to see what information they hold???

[ratbag1970]

Re: Krapital1 and Lowell

I would like to say a big thank you to Niddy for taking a look at my CCA and enclosed T&C's. It is as I thought, unenforceable. I am going to send the CCA Query letter to both Lowel and Krap1 and see where it takes me. I shall keep you informed of my progress. Many thanks to everyone who has contributed so far and to my friend who pointed me in the direction of this forum

[ratbag1970]

Re: Krapital1 and Lowell

Ok, so time for an update.

I sent the CCA query off and have just received a response from Lowell.

Dear Blah Blah.

We thank you for your recent letter and apologise for the delay in replying.
Your comments have been noted with regards to the documentation provided in your response to your formal CCA request.
Please be advised that we are comfortable with the fact that the documentation which you have been provided with is sufficient to ensure that we have complied with your request under the provisions of the Consumer Credit Act. Krapital1 has provided you with a copy of your signed agreement which included the start date to which a credit facility was was extended to you. Please find enclosed copy and detailed statements to evidence the credit used by you under this facility. The final balance showing on these statements does not take into account payments amounting to XXX that have been made to us.
The procedures and processes of Krapital1 would not have allowed any credit facility to have been opened or utilised if they had not received a signed application.
This agreement is therefore fully enforceable, and we require you to update us as to your financial situation within the next 14 days in order to prevent us from litigating the account.

Included with this letter is a stack of statements, a copy of the application form and the reconstituted T&C's already sent with the SAR.

I have emailed Niddy a scan of the letter, and I know await any advice as to where I go with this next.

Thanks in advance for all of your contributions

[Enforcer]

Re: Krapital1 and Lowell

Trust in Niddy. If he says it's UE. It is.
Never believe a debt collector or a bank!

[Spud]

Re: Krapital1 and Lowell

Trust in Niddy. If he says it's UE. It is.
Never believe a debt collector or a bank!

Never a "truer" word spoken

[MrsD]

Re: Krapital1 and Lowell

Capital one always say this

they are like a stuck record, why did Niddy say it was UE?

[PlanB]

Re: Krapital1 and Lowell

Ok, so time for an update. I sent the CCA query off and have just received a response from Lowell.

. . . . This agreement is therefore fully enforceable, and we require you to update us as to your financial situation within the next 14 days in order to prevent us from litigating the account.

While that is not exactly a LBA you need to respond with 'something' before the 14 days are up because Lowells idea of "litigating the account" is often to serve a SD.