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Lowell vs Capital One - Very Old Debt - what to do?

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  • Lowell vs Capital One - Very Old Debt - what to do?

    hi everyone and seasons greetings to you all,

    I am a newbee to LB forum, but was fairly active a few years back on MSE.

    I have posted this on another Capital One/Lowells thread (apologies for hijacking) so thought it best to start my own thread.

    I have been living in Dubai last 4 years, and came back to a mountain of letters and stuff recently, one being a a few letters from Lowells chasing an old alleged 'capital one' debt.

    just some basic background info for you, i had back in 2006/7 successfully reclaimed all my bank charges with various financial institutions, banks etc. I was also fairly active on the money saving expert sites so had a fairly good handle on things and claimed back some PPI as well as all my cards, loans and a few other bits - i was mega chuffed with my success, it gave me a lot confidence, but also appalled me as to UK 'law'... but thats another post entirely!

    so my questions are related to Capital One and Lowells - as i do recall claiming back around £700 odd from capital one on various BS charges for both myself and my wife. Also i do recall them chasing for the alleged outstanding debt back in 2010 before I left for Dubai. I did the CCA and SAR requests, and the one sided piece of paper signed by me, was not countersigned by them! now i do recall an exchange of letters from me to them, and kept on saying please supply with a fully signed and executed copy.... suffice to say, they didnt ( or couldnt) .

    I know the card was taken out post 2007, (cant be specific when, as i have since trashed all the paperwork and statements) but i want to know where do I stand with Lowells and Capital One as im guessing the landscape may of changed these past few years since i have been away and i have been out of loop so to speak??

    I would really appreciate any help or guidance on what to do, i read on another post somewhere, that this tactic is being employed by capone, as certain accounts are nearing the 6 year statute barred time? so its a case of them in 'last chance saloon'

    i did call them last week before christmas, more just for fun, to see why they had sent both myself and wife these letters (she had her own card, but we also got her charges refunded, her alleged debt is for a separate and different amount, but the process and circumstances is the same for us both!) and the lady there asked me to acknowledge certain points, which i didnt, i only confirmed my name and address, and that i had many years ago had this account closed by capone. so i told them they need to check when buying debts of capital one, as my debt does not exist, and they have bought something they should have checked up on first!

    just FYI - the latest 2 letters we both have from Lowells are dates19th August 2014 and 14th december 2014, it states that the accounts have escalated to 'pre legal assessment' and they kindly offered us a 20% discount.


    i just would like to know, what do we do? do we send off again for a, SAR and new 'fully signed executed copy' (as i do not have the last ones that cap one sent us!) or do we simply ignore all these letters? is there a template we can use to stop the letters and tell them politely to Foxtrot Oscar?

    we are back in the UK for good now, so would like to re build our credit score where we can, but take a few of them down on the way!

    apologies for lengthy post, have tried to give as much background as poss on my case.

    many thanks

    Pete
    Tags: None

  • #2
    Re: Lowell vs Capital One - Very Old Debt - what to do?

    Ok Pete,
    1st lesson do not deal with debt collection agencies or their rented solicitors by phone anything agreed in this way will be denied!!

    Pre" Legal assessment " was previously known as " Hamptons Legal" a spurious trading style of Lowell disguising itself as a "Law Firm", 1 paralegal at a lonely desk.

    Details Please:
    1, Is this on your credit file?
    2. What is the default date on this account?
    3. When was the last payment or written acknowledgment made on this debt?

    Comment


    • #3
      Re: Lowell vs Capital One - Very Old Debt - what to do?

      many thanks for response - much appreciated.

      i have also read other similar threads and posts on our good friends Lowells and Cap One.

      point taken and duly noted re telephone contact! :thumb:

      im sorry i cannot be more informative with my response, as it would appear from your 3 questions, i need to do some digging - i literally trashed everything when we moved abroad... and i literally cannot remember anything.

      A1. - yes i do believe it is on my credit file, BUT as i have been away and dont have old copy to reference i have applied for a brand new one so i can furnish you more accuratly once received.
      A2. i honestly cannot remember, if i hazzard a guess, i would be stabbing in the dark... but would suggest a ballpark of 2008/9?
      A3. again, cannot remember but would say 2007/8?

      I will get answers and come back once i know, so please bare with me, but in the meantime should i ignore or use a standard template reply? bearing in mind they must have sent me at least 6 letters whlist i was away... and none of them have being acknowledged by us, and i know our tenant here for the 4 years never had any bailiffs or DCs turn u and grace our doors.

      cheers
      P

      Comment


      • #4
        Re: Lowell vs Capital One - Very Old Debt - what to do?

        Hi, i just logged into Experian - the default date is 10/01/2010

        Comment


        • #5
          Re: Lowell vs Capital One - Very Old Debt - what to do?

          Originally posted by gamma View Post
          Hi, i just logged into Experian - the default date is 10/01/2010
          Ok what is the start date on the credit file?

          The default date (from what you say in post#1 seems a little late, could the 2010 date be the date Lowell acquired the debt?

          Comment


          • #6
            Re: Lowell vs Capital One - Very Old Debt - what to do?

            hi again, i logged back into Experian..i think you may be right.

            when you click on the '?' icon it brings up the following:-

            The terms of the credit agreement have not been met and the lender has set the account to default on this date

            the date then being the 10/01/2010

            however, on another box where it says 'Started' it says:-

            The date the lender opened your account.

            the dates being: 11 /10/ 2004

            Comment


            • #7
              Re: Lowell vs Capital One - Very Old Debt - what to do?

              apologies, last post had some strnage formatting on - its invisble!

              when you click on the '?' icon it brings up the following:-

              The terms of the credit agreement have not been met and the lender has set the account to default on this date

              the date then being the 10/01/2010

              however, on another box where it says 'Started' it says:-

              The date the lender opened your account.

              the dates being: 11 /10/ 2004

              Comment


              • #8
                Re: Lowell vs Capital One - Very Old Debt - what to do?

                BUMP? Anyone

                Comment

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