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  • #31
    Re: Cap 1 sold to Lowell

    Years ago FOS stated to me well they have given you more time than the set time = no argument, different if shorter period,
    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.

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    • #32
      Re: Cap 1 sold to Lowell

      It's a bummer when you're close to SB and they now come up with the goods that would probably satisfy CCA. Where are you in the threat letter stage? Lowell are noted for issuing claims and in my experience follows after ignoring threats from Red, Hamptons, Freds then Carter. If they're close to issuing a claim I'm just wondering if you could blag it out a bit longer by sending a SAR to cap1 and informing lowell that you are awaiting a response to your SAR from Cap1. They usually put collection activity on hold while cap1 deal with the SAR. Might bide you more time towards SB and the SAR may also reveal other avenues to stave them off.

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      • #33
        Re: Cap 1 sold to Lowell

        Hi panther12

        At present only heard from Lowell. I sent them the missing T&C letter on Saturday so presume next step will be response to that. Royal Mail tr5acking shows it was signed for this morning. Haven't heard from Red / Hamptons yet.

        Also, after their next threat will it be worth sending the CPUTR letter as a further delaying tactic?

        Thanks

        Comment

        • #34
          Re: Cap 1 sold to Lowell

          RED/Hampton/Lowell - Support Group

          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.

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          • #35
            Re: Cap 1 sold to Lowell

            Originally posted by cadwallader View Post
            Hi panther12

            At present only heard from Lowell. I sent them the missing T&C letter on Saturday so presume next step will be response to that. Royal Mail tr5acking shows it was signed for this morning. Haven't heard from Red / Hamptons yet.

            Also, after their next threat will it be worth sending the CPUTR letter as a further delaying tactic?

            Thanks
            Red/Hamptons are lowells next desk to each other! different T shirts in their threat society
            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.

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            • #36
              Re: Cap 1 sold to Lowell

              What is the CPUTR letter referred to by cadwallader?

              S

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              • #37
                Re: Cap 1 sold to Lowell

                This is a CPUTR letter http://www.all-about-debt.co.uk/inde...onse-cputr-lip
                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.

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                • #38
                  Re: Cap 1 sold to Lowell

                  Originally posted by cymruambyth View Post
                  This is a CPUTR letter http://www.all-about-debt.co.uk/inde...onse-cputr-lip
                  Thank you very much and would this be the letter to send out if they have sent you just an application form?

                  S

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                  • #39
                    Re: Cap 1 sold to Lowell

                    Hi Seamus, prioriyone has written an excellent letter that I am trying to find!
                    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.

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                    • #40
                      Re: Cap 1 sold to Lowell

                      Those of us who have agreements deemed to be enforceable need to come up with a viable strategy to defer/delay, particularly with Lowell chasing hard and likely to issue court papers. This is bad timing for some with SB approaching.

                      From reading other posts on here I guess a combination of stalling tactics (missing terms, illegible agreements etc) and SAR requests to original creditor may possibly hold them off for a while. As Panther12 stated, you never know what a SAR may reveal!

                      If the unthinkable is imminent, is it worth hitting Cap One with a claim for unfair charges? or would this be paid in to offset the balance?

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                      • #41
                        Re: Cap 1 sold to Lowell

                        I'm helping a friend in a similar situation. It becomes SB in September and lowel have come up with what appears to be compliant paperwork. To stall for time we sent a sar request to cap1 and lowel put things on hold to allow cap1 time to deal with our request. In all honesty if push comes to shove I think we'd struggle defending on enforceability issues and at best would end up in the hands of a judge lottery situation. Last letter from lowell was beginning of November saying that as we've now received the sar from cap1 and all appropriate paperwork they gave us 30 days to reply with payment proposals otherwise litigation would commence.

                        Cap1 had only complied in part to our sar request, their covering letter said that they hold system generating letters regarding the late/overlimit fees applied to the account but as most people don't require these as part of the SAR they haven't enclosed them - however they said they would provide them if we ask. The transaction history contained in the sar reveals a number of late/overlimit charges going back several years and when applying compound interest comes to £3k. Lowlife are seeking £2.7k

                        End of November (just before the 30 day timeframe that lowel gave to reply) I informed lowel that cap1 are still in default of my sar request as I still await the system generated letters. Also pointed out the unlawful charges applied to the account and that Cap1 has been in wrongful possession of funds unlawfully gained from me over a number of years and as a lending institution would have earned profit by way of interest by re-lending those funds at its commercial compounded rates and I seek a full remedy which allows complete restitution of the wrongful and unjust gains.

                        I ended my letter with the following:

                        From the information provided, it is noted that the unjust gains acquired by Capital One from the unlawful charges applied to this account exceed the amount of your claim. Without prejudice to my main contention outlined here and with a view to reaching mutual settlement in this matter, at this juncture I am prepared to forgo my entitlement of all sums plus interest outstanding to me as a result of the unlawful charges levied to this account provided you do likewise with your claim. This will end the matter and avoid further costs that will undoubtedly arise for both parties should litigation be commenced.

                        In the circumstances I view settlement based on the above the most sensible approach to dispose of this matter. Should you not be in agreement to settlement on these terms, please note that any legal action commenced, as intimated in your letter, will be met with a robust defence and/or counterclaim.

                        I note your comments regarding my right to use the FOS dispute resolution service for up to six months from the date of your letter. As your letter does not address any of my complaint regarding the unlawful charges applied to this account, as a gesture of goodwill I will defer my right to forward any complaint to the FOS in order to afford you the opportunity to address the matters outlined above and to inform me of your intentions regarding this account.

                        I trust the above clarifies my position and look forward to hearing from you shortly.
                        To date we've not heard from them since.

                        Comment

                        • #42
                          Re: Cap 1 sold to Lowell

                          As this has become a useful Cap 1 Lowell general thread should I start up an UE diary, especially as I probably have other debts to add?

                          Thanks

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                          • #43
                            Re: Cap 1 sold to Lowell

                            That sounds like a good idea Cadwallader

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                            • #44
                              Re: Cap 1 sold to Lowell

                              Have started UE diary. It is at:
                              http://forums.all-about-debt.co.uk/s...der-s-UE-Diary

                              Comment

                              • #45
                                Re: Cap 1 sold to Lowell

                                Originally posted by cadwallader View Post
                                Have started UE diary. It is at:
                                http://forums.all-about-debt.co.uk/s...der-s-UE-Diary
                                Great
                                Let your smile change the world but don't let the world change your smile

                                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.

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