Lowell chasing an Old Capitol One Debt

[equinox747]

Hi, the story so far
got letter from Lowell, saying 'you owe £1600 blah blah blah To Capitol one,
first thing i did was CCa them

got 3xsets of documents back and copy staements:
one was somebody else's T/Cs with my name stuck on the front, and it was an RBS T/Cs halocat2

best thing to do is post them here:
could you have a look,:rolleyes:

my thoughts are to argue these are not a true copy of my agreement: but just not sure how to draft a letter..

[Amethyst]

Re: Lowell chasing an Old Capitol One Debt

Nice one thank you. Will have a look through your docs xx

[Amethyst]

Re: Lowell chasing an Old Capitol One Debt

lol @ the BOS / Halifax copies.


When did you open the account originally ?

They have sent you inception terms from 1999 and terms at the date of default.

Do you have any disputes over the amount they are claiming or the debt in general ?

Do you remember how you opened the account - did you sign a credit agreement at the time ?

[equinox747]

Re: Lowell chasing an Old Capitol One Debt

lol @ the BOS / Halifax copies.


When did you open the account originally ? 28/10/2098

They have sent you inception terms from 1999 and terms at the date of default. sorry don't understand ??

Do you have any disputes over the amount they are claiming or the debt in general ? NO not over the amount, just it's validity:

Do you remember how you opened the account - did you sign a credit agreement at the time ?

.................................................. .................................................. ...................
When did you open the account originally ? 28/10/2098
They have sent you inception terms from 1999 and terms at the date of default. sorry don't understand ??
Do you have any disputes over the amount they are claiming or the debt in general ? NO not over the amount, just it's validity:
Do you remember how you opened the account - did you sign a credit agreement at the time ? no signed nothing.

have uploaded some docs for you to peruse,
as always your help is greatly appreciated ::tinysmile_grin_t:

[Amethyst]

Re: Lowell chasing an Old Capitol One Debt

You opened the account in October 1998.

They have sent you the original agreement ( http://www.legalbeagles.info/forums/...9&d=1414783280 )

They have also sent you the terms as they were at the end of the agreement. ( http://www.legalbeagles.info/forums/...0&d=1414783308 )

The terms sent by Capital One are those ''currently'' in force at the time of your request.

They also sent a copy of the last statement from Capital One showing a £5 payment - presumably to evidence it is not statute barred.

They are likely to pass as a true copy of the agreement.

Unless you deny having the debt/agreement at all or ever signing any agreement - but on the balance of probabilities it will be found that you did ( as you used the card and made payments etc)

[Amethyst]

Re: Lowell chasing an Old Capitol One Debt

So lets look at this a bit more

Do you remember how you opened the account - did you sign a credit agreement at the time ? no signed nothing.

How did you apply for the card ?

[equinox747]

Re: Lowell chasing an Old Capitol One Debt

ok may have not quite clearly xeplained , the docs attached that say CApitol one , are what Capitol One sent in 2009, Lowell never snet them recently, i kept the for my convinience, and reference, i asssume Lowell dont have acceeess to them?

the statement that says 'paid £5 was sent from CApitol One way back in 2009,
Not from Lowell, the statements from lowell just show my balance with NIL pay in and NIL payout:
I dont know if that makes any difference?
re: signing or applying for the card.
I honestly cant remeber, it may have een an applcation form, heres a letter from CAitol One, (lowell didn't send this is I already had it from 2009) stating there was no signature box or siganture on the agreement: ?
Does any of this help ?
wouldn't the date being 09/01/2009 being the last date of a pymnet make this S/Brd in 09/01/2015?attached letter fro CApitol one from 2009

cheer again

[Amethyst]

Re: Lowell chasing an Old Capitol One Debt

Okay with you now, have you compared (I would but am on tablet rather than pc and its a pain ATM) if the inception terms sent in 2009 by cap one, match the ones sent by Lowell ?

[equinox747]

Re: Lowell chasing an Old Capitol One Debt

hi brigadier, i just noticed a few things that may be of interest:
the reverse side of it does ( it is the same)

the front of the T/C from Capitol one , which I’ve kept since 2009 is slightly different ? With some reference numbers not matching:

my name address is the same:

but it is definitely a reconstructed document as i say there is a reference number that is different. and as pointed out here in my docs' that the accompanying page is a third party's T/C from a RBS account:
on this note alone i could write back to owell stating that what they have sent does not meet with my request for a copy of my agreement and they have sent incorrect data material/details relating to a third part acc !

This i would assume would cause a bit of a stir, at the very least or should i let them know,
i can post if you think this is useful ?

[ncf355]

Re: Lowell chasing an Old Capitol One Debt

Ame:

CCA 74, 127(3)

'Was signed by the debtor or hirer.......'

They could send what they like in the way of terms etc, but unless it is in the prescribed terms AND signed by Equinox, surely its utterly unenforceable as the agreement pre dates the S127(3) change?


(Equinox - DONT take this as gospel, sounding out Ame here)

[ncf355]

Re: Lowell chasing an Old Capitol One Debt

See Paul's comments in the S78 item, where he states S127(3) requires a document with a signature

To me, the statute is quiet clear on all this

[ncf355]

Re: Lowell chasing an Old Capitol One Debt

Also, 19998 places this agreement well before the point they could use electronic signatures

[equinox747]

Re: Lowell chasing an Old Capitol One Debt

hi guys, thank you so much for all your invaluable input, i concur with all your thoughts, and have concluded Lowell are just trying it on, and i have everything on my side, if they decide to take it further. i'll defend vigoursly.
I;ve drafted a letter with help from my supporters as follows:

.................................................. .................................................. ...
With reference to your letter dated 24/10/2014 enclosing documents.

The documents enclosed do not comply with the requirements of sections 77/78 of the Consumer Credit Act 1974, as they appear to be reconstituted documents, with information missing and containing erroneous information. Some of the erroneous information included RBS account information related to a third party, which is in breach of the Data Protection Act, which I am considering whether to bring to the attention of the Information Commissioners Office.
Further I add: that the statement information appears to also be erroneous, as evidenced by what you have sent.

I await your response, including full compliance with the CCA request made and if you are only able to provide reconstituted documents, you should provide an explanation of this

.................................................. .................................................. .............

i'll send this just before the 30 days i had for responding ?:tinysmile_grin_t: