Lowell Portfolio chasing old Capital One money

[Desmond]

Hi,
Just joined forum as need advice on whether an old Capital One agreement is enforceable. It was an application form back in 2001 with an agreement tacked on the bottom. The agreement says that I may get one type of card or another. There is no APR, no credit amount but one line says I have read and agreed the terms and conditions and it is signed. So back in the day I foolishly signed an agreement which allowed Capital One to issue me with the card of their choice with the APR of their choice and the credit amount of their choice. Is it enforceable? See attached

[Johnboy007]

Re: Lowell Portfolio chasing old Capital One money

Hi,
Just joined forum as need advice on whether an old Capital One agreement is enforceable. It was an application form back in 2001 with an agreement tacked on the bottom. The agreement says that I may get one type of card or another. There is no APR, no credit amount but one line says I have read and agreed the terms and conditions and it is signed. So back in the day I foolishly signed an agreement which allowed Capital One to issue me with the card of their choice with the APR of their choice and the credit amount of their choice. Is it enforceable? See attached

I would say that as you (foolishly) signed the agreement, then it is still enforceable.
However you didn't say if you are still making payments on this card.
When did you last make a payment on this debt?
When did you last acknowledge the debt as belonging to you, either in a letter or email?

[Amethyst]

Re: Lowell Portfolio chasing old Capital One money

Is that all they sent to you? If so it is missing the terns and conditions that you have signed to say you have read, and those need to be supplied for It to be enforceable as those will include the prescribed terms. It specifically refers to para 23, which is not present on the agreement.

[Desmond]

Re: Lowell Portfolio chasing old Capital One money

I haven't made payments since May 2009 and have not made any acknowledgements since then. I think that because I am in the last year before it being SB they will apply the pressure. No contact from original creditor since 2011

[Desmond]

Re: Lowell Portfolio chasing old Capital One money

They never sent the terms and conditions but did so when I SAR'D them in 2009 along with the agreement

[Amethyst]

Re: Lowell Portfolio chasing old Capital One money

Lowell have recently sent a huge batch of chasing 'Letters to ex Capital One customers who's debts are four/five years old now. Have you had a letter and have you sent any reply, is this agreement off the back of a formal CCA request or just from the SAR in 2009?

[Desmond]

Re: Lowell Portfolio chasing old Capital One money

I have just received a letter last Friday saying they now own the account and that I should make arrangements to pay £3663. The agreement was off a SAR as they refused to send it on a CCA request.

[equinox747]

Re: Lowell Portfolio chasing old Capital One money

hi Amethest:angry8:
i'm in exactly the same boat,£1600
dont want to bump in, so should i start a new thread:?:angry8:
mines SB in 05/06/2015 ther'e thrying to get in just before the SB date:
i've already CCa, you wont believe what they sent me:XD:
well maybe you will.
but will wait to see if i should start a new thread, :spiders:although i'm not sure how to, get a bit confused :marchmellow:

[Amethyst]

Re: Lowell Portfolio chasing old Capital One money

Yes please.

Click here http://www.legalbeagles.info/forums/...ewthread&f=105 will set one up for you xx

[equinox747]

Re: Lowell Portfolio chasing old Capital One money

cheers... done that it;s
Lowell chasing an Old Capitol One Debt

or is this too close the one already running?