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capital one/lowell

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  • capital one/lowell

    Hi, looking for some advice regarding a credit card debt with capital one which has ended up at Lowells.
    I had some difficulty around 2010 with a few loans and credit cards. I wrote to them all asking for settlements which were agreed except capital one. I think I received a few letters at the time which were ignored and then heard very little until maybe November last year when I started to receiver letters from Lowell who appear to have bought the debt from capital one. The latest letter is a pre-legal assessment threatening court action unless I agree a payment.
    I haven't contacted them or capital one since late 2009/early 2010. The reason I feel this may be significant is as I am in Scotland and was hoping it would be statue barred this year, well more specifically in February as would I be right in saying its 5 years since admission or payment? The default is dated 15 May 2010 on my credit report so I am hoping that would mean it defaulted 3 months after my last payment.
    Also Lowell claim to have checked my credit report etc but keep sending letters to my parents address even though on my credit report its my current address listed on the account.
    I would like to know whether to write to them or ignore it and hope they don't go to court. I could probably repay some of it as they offered 40% off and I have been saving for a deposit for a house once all these defaults roll off in the next year or so but also wondered if doing that mean it would be listed for another 6 years adversely affecting my credit score.
    I am feeling sick with worry so any advice would be g gratefully received , many thanks
    Tags: None

  • #2
    Re: capital one/lowell

    sounds as if it is their last ditch attempt to get you to pay before it is SB, a few of us had the same last years near to SB date?

    Comment


    • #3
      Re: capital one/lowell

      Thanks for the reply Mike, do you mind if I ask what the outcome was and what they may do next? The account was opened in 2004 so I am tempted to write and ask for a copy of the cca,, even if to stall their procedure in order to get to the sb date. Would this be advisable or are they unlikely to proceed to court?

      Comment


      • #4
        Re: capital one/lowell

        Not heard anymore and default fell off Credit report, but in my case SB from this august from last payment so awaiting any letter this year, maybe just before SB date, unless they are unaware any luck of the SB date just the CRA date.

        If they get active yes CCA them that will put a stop on their next move from then make sure Recorded Delivery signed for after 12+2 days if no CCA they cannot proceed.

        Comment


        • #5
          Re: capital one/lowell

          Thanks again, is there a template letter I could use as I am aware if I word it wrong it could be an admission of debt. Really panicking now and expecting a solicitors letter any day now.

          Comment


          • #6
            Re: capital one/lowell

            If a debt has not had any enforcement action in the 6 year life of the default, the Limitations Act 1980 states that no action (in simple contracts) shall be started if 6 years have elapsed since the cause of action.

            This is often " forgotten" by creditors and is not known by debtors.
            SB on last payment + 1 month is not the only way to defeat the DCA's.

            nem.

            Comment


            • #7
              Re: capital one/lowell

              Thanks nemesis but in my case the debt is only coming up for 5 years is it not as the default is dated may 2010. Think I will write to them notifying my change of address and request a copy of my cca, unless of course anybody would advise against this ?

              Comment


              • #8
                Re: capital one/lowell

                A CCA request can be done at any time and is not an admission of liability.
                There is a £1 statutory fee for this ( use a cheque or postal order endorsed
                " For Statutory Fee Only")
                Re you post 5# any correspondence should contain " I do not acknowledge any debt to xxxxxx or any company it may claim to represent", always refer to the " Alleged Debt".

                nem

                Comment


                • #9
                  Re: capital one/lowell

                  Hi again, just a quick update and a small query.
                  I havent yet submitted a cca request as I received a letter stating it was being passed onto a dca.......
                  Anyway, I thought I would leave things at that but a few weeks later I received another letter offering a 50% discount if I paid in 14 days.
                  I have ignored all letters so far but decided to see what old paperwork I had regarding the debt and came across several letters fom Capital One, Fredrickson International and Bryan Carter solicitors all of which were sent to my current address, so why are Lowell sending letters to my parents address, which would be the one from which the account was opened when it seems all of the above were aware of my change of address? My current address is also the one that shows one the default with checkmyfile.

                  Comment


                  • #10
                    Re: capital one/lowell

                    I think Lowell are sending letters to your parents address to make a paper trail so if it starts a court claim it will go to your parents address, you will not get the papers and defend then they get judgement by default.
                    Keep a very close eye on the post arriving at your parents house and keep all letter sent to your current address for evidence Lowell would likely claim documents were sent to ( Your last known address) which of course you can prove is wrong.

                    Fredrickson is now part of the Lowell Group.

                    nem

                    Comment


                    • #11
                      Re: capital one/lowell

                      My latest letter from lowells after months was a 50% discount offer a few weeks ago!

                      Comment

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