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  • #1

    Cap 1 sold to Lowell

    I, like others here, heard recently from Lowell that they had bought my account from Capital 1.

    Briefly, account details as follows:

    •Type of account Credit card

    •Date commenced May 2002

    •Approx. balance £13k

    •Date last paid Last full monthly payment made Jan 2009

    Token payments £1 made: Feb, Mar & Apr 2009

    •Arrangement or not paying Not paying

    •Status Default

    Last correspondence was from Capital 1 / Capquest December 009. Nothing further until 2014.


    2014

    1 Aug 2014- Letter from Capital 1 advising account sold to Lowell Portfolio 1 Ltd on 24/07/14.

    1 Aug 2014 - Letter from Lowell Portfolio 1 Ltd advising account sold to them on 24/07/2014.

    19 Aug 2014 - Letter from Lowell Financial. Account passed to them as unpaid and no agreement to pay. Please pay up. If do not pay will get copy of your credit file etc.

    1 Sep 2014 - Letter from Lowell Financial. Please pay up.

    15 Sep 2014 - Letter from Lowell Financial. Have now got copy of credit file and see you are a homeowner etc. If do not pay within 15 days no choice but to prepare account for further action.

    30 Sep 2014 - Letter from Lowell Financial. Now sending to Hamptons Legal.

    4 Oct 2014 - s.78 request sent to Lowell Financial.

    20 Nov 2014 - Lowell advise Cap 1 advised CCA no longer available and they (Lowell) are closing the account.

    18 Dec 2014 - Lowell send CCA response which Niddy says is enforceable.

    29 Dec 2014 - Letters from Lowell restart - "We regret to note etc.. Failure to respond may result in further action etc."
    Last edited by cadwallader; 2 January 2015, 16:13. Reason: Update
    Tags: account, action, apr, april, cap, capital, capital one, capquest, card, cca, charges, claim, con, court, court action, credit, credit card, debt, email, financial, fos, genuine, legal, letter, letters, lowell, lowells, missing, niddy, no agreement, online, ons, payments, personal, phone, problems, recall, royal mail, statute barred, support, template, threat, ue diary, unenforceability
  • #2
    Re: Cap 1 sold to Lowell

    Originally posted by cadwallader View Post

    15 Sep 2014 - Letter from Lowell Financial. Have now got copy of credit file and see you are a homeowner etc. If do not pay within 15 days no choice but to prepare account for further action.

    30 Sep 2014 - Letter from Lowell Financial. Now sending to Hamptons Legal.

    4 Oct 2014 - s.78 request sent to Lowell Financial.


    Should I do anything further at this stage
    Nope

    Have you posted the history of this old (2002) Capital1 debt anywhere else on the forum? It would be good if you've got any letters saying they (Captial1) can't find the CCA. Hopefully you've previously CCA'd them and had a negative response

    The debt is due to go SB in April 2015 so it would be nice to keep Lowell guessing until then.

    Comment

    • #3
      Re: Cap 1 sold to Lowell

      Cap1 could not find my agreement, they just sent a recon (which was incorrect). It got sold to Lowell as well.
      With the aid of this forum, I've kept swatting them away for 4 years now.

      Just sitting out SB at the moment.
      It would not surprise me at all that they don't have the original agreement with you as well.
      -----------------------------------------------

      Happiness, is screwing over a DCA.......

      Comment

      • #4
        Re: Cap 1 sold to Lowell

        No, haven't posted anywhere else on forum. Did receive a CCA response from C1 in 2009 - a copy of the signed app form and a separate set of T & Cs that are just plain typing on A4 paper and look like they have just been typed out. I presume they don't have the original agreement, only this reconstruction, and would have taken action 5 years ago if they had a compliant original agreement. Here's hoping..

        Comment

        • #5
          Re: Cap 1 sold to Lowell

          So you sent a s. 78 request today? That's exactly what I would have done.

          It's extremely unlikely that they will be able to find the original, and even if they did it will almost certainly be UE. Crap One agreements from that time are usually terrible.

          Not sending the request would still have left you open to potential SD problems. I think you've done exactly the right thing.

          SH

          Comment

          • #6
            Re: Cap 1 sold to Lowell

            Thanks. Lets see what comes back.

            Comment

            • #7
              Re: Cap 1 sold to Lowell

              Lowells have just e-mailed me to say they think it's enforceable, NIddy as already said it's just a cobbled up set of terms and conditions so have told them it's still in dispute so I await the threads and the court action they are threatening.

              Comment

              • #8
                Re: Cap 1 sold to Lowell

                Originally posted by xenaphon1970 View Post
                Lowells have just e-mailed me to say they think it's enforceable
                Don't they always! Sit tight mate, someone will be along soon
                When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Cap 1 sold to Lowell

                  After several letters from Lowell saying they are still waiting for Cap One to provide the agreement have now received today a letter from them saying:

                  " After liaising with Capital One in an effort to obtain this document we have been advised it is no longer available due to the length of time the account was opened with you. We are closing your account. At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Capital One."

                  Will keep this letter safe!

                  Thanks for the help & support I received.

                  Comment

                  • #10
                    Re: Cap 1 sold to Lowell

                    Congratulations.

                    Comment

                    • #11
                      Re: Cap 1 sold to Lowell

                      With great timing received letter today from Lowell with what they claim is a copy of the original Cap One credit agreement.

                      Comment

                      • #12
                        Re: Cap 1 sold to Lowell

                        Originally posted by cadwallader View Post
                        With great timing received letter today from Lowell with what they claim is a copy of the original Cap One credit agreement.
                        More than likely a copy of the application form,may have your signature and large felt tip initials on it. More than likely STILL unenforceable. If any different from previous paperwork let Niddy see a copy. Otherwise tell them it's still ue, copy of application form received.

                        Comment

                        • #13
                          Re: Cap 1 sold to Lowell

                          Thanks Enforcer. Certainly looks as you describe but haven't previously sent to Niddy so will do so.

                          Comment

                          • #14
                            Re: Cap 1 sold to Lowell

                            What is the maximum .pdf file size for uploading a CCA agreement for checking? Mine is approx. 4mb but this is apparently too big?

                            Thanks

                            Comment

                            • #15
                              Re: Cap 1 sold to Lowell

                              email me - webmaster@all-about-debt.co.uk

                              100MB then
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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