Capital 1 Debt Sold on to Lowell Financial

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Paragraph 22 is listed as General. The invalidity of any provision of this Agreement shall not affect the validity of any other provision. we shall not be liable for any failure to perform our obligations as a result of computer systems or, ATM failure, industrial dispute or any circumstances beyond our control. We can delay enforcing our rights under this Agreement without losing them. we can also accept late payments or partial payments or cheque and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. we may assign our rights and benefits under this Agreement at any time, without giving you notice.

Does that seem to go with

I understand and agree that information about me may be used in accordance with paragraph 22 of the terms and conditions

me thinks not.


Can you skim through and see which paragraph MIGHT go with that statement ( about using your information )

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

The scan is only negligibly different to the copy I received from Lowell yesterday. Under strong light it is difficult to read although I have been able to decifer most of the words within each paragraph in the signature box. I placed the copy I received under a very strong reading lamp and scanned and magnified this section - still difficult to read but I am in no doubt that the information placed in my summary of this document is accurate. Unfortunately it is impossible for me to improve on this copy as already endeavoured to do this.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

More legible copy here http://www.legalbeagles.info/forums/...0&d=1280242391

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Basically I'm saying those terms are NOT the terms that were with the agreement, thus it is unenforceable. And that needs to go in the witness statement. Which I'm working on.

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

Most definitely not. I think looking at the copy of the signed page of the agreement that the wording you have decifered from this as I understand and agree that information about me may be used in accordance with paragraph 22 of the terms and conditions is on the signed page as paragraph 23 which is also on page 5 and reads

Use of Data. You agree that we may hold and process by computer or otherwise any information obtained about you as a consequence of this and any other applications you have made to, and any agreement you may have with Capital One Bank. You also agree that we may use this information and disclose it within Capital One Bank and our Group (the "Capital One Group"), including members of the Capital One Group based in the USA, to enable us to review the conduct of your Account for credit assessment purposes and to assess your credit limit and the interest rate and other charges to be applied to your Account, for marketing purposes, for the purpose of administering and servicing you Account and to enable us to carry out statistical analysis. we will not disclose this information outside Capital One Bank or the Capital One Group, except to the extent that we are required or permitted to do so by law, and for fraud prevention purposes, to a licensed credit reference agency to help us and others to make credit decisions, under a strict code of secrecty to sub-contractors or persons acting as our agent, to insurance companies for purposes connected with the insurance products that relate or might relate to your Account (including underwriting, processing, claims handling and fraud prevention, which could include passing details to other insurers) and to any person who assumes our rights under this Agreement. We may also use information we hold about you to enable us to send to you marketing material or telephone you about goods or services offered by us and by third parties (including other companies in the Capital One Group) which we believe may be of interest to you. we may also sell or otherwise provide details of your name and address as part of a mailing list to third parties(including other companies within the Capital One Group) to enable them to market goods and services to you which we believe may be of interest to you. If you don't wish to receive marketing information from third parties (other than with your statement) please write to us at Capital One Bank Card Services.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Can you scan the page in that has the default charges, interest rates, credit limit etc from the reconstructed terms please.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial



Would be 23 wouldn't it. Could the number in this scan be 23 ?

[Kafka]

Re: Capital 1 Debt Sold on to Lowell Financial

bc
Do the T&Cs you were sent have a V number in the footer?

[bcarterproblems]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Ok looked at this other posting and yes their copy of terms did not seemingly contain up to 22. The pages up to page 6 that they have attached as their evidence in my case includes up to paragraph 24. Paragraphs 22 and 23 have already been copied to you. The overleaf section to the form I signed could not have contained the 24 sections and boxed information shown on pages 3-6 of the information I have received from Lowell as in the terms of the agreement being stated as overleaf. Impossible for this amount of information to have been overleaf to the form. Would it help if I scan pages 3-6 of UB1 and attach these also. Now when I sign any form with conditions associated I always keep copies on file and in future rather than discarding them after six years will keep them until after the agreements they refer to no longer exist.

[Amethyst]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Yes please if you don't mind. ( as Kafk says keep the version number at the bottom)

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

There are three different agreement copies included by lowell in pages 3-15. Pages 3-6 have V3 "hash", Pages 8 to 13 have V15c "hash", and pages 14 to 15 have no version number, bear my currrent address and have space for a signature but no confirming signature from me.

[Amethyst]

Re: Capital 1 Debt Sold on to Lowell Financial

Pages 3-6 have V3 "hash" - V3 is likely to be the one intended to be from inception

The version on the other thread is V2#

v15 will be the 'latest terms'


Maybe post up pages 14 - 15

[Kafka]

Re: Capital 1 Debt Sold on to Lowell Financial

For info, this documentation sounds like what Lowell recently sent to this thread, which hasn't yet been filed at court. That agreement is from 2005 and the purported T&Cs are numbered V10# with the defaulted agreement T&Cs called V14#

http://www.legalbeagles.info/forums/...ka-v-BC-Lowell

Check the default fees at the end. Do they agree with the default amounts at the time?

[bcarterproblems]

Re: Bryan Carter/Lowell/Capital One - Continuation of previous posts

Herewith pages 3-6 of the Version number 3"hash2

[bcarterproblems]

Re: Capital 1 Debt Sold on to Lowell Financial

I have now uploaded the V3"hash" pages in their entirety. The late payment fee and monthly payment fee for being in arrears when over the credit limit are listed in this version as £10 per statement period. All default charges have been added to the account at the amount of £12 per monthly period, £24 in total for four months when in default during 2012.