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lowell Portfolio I chasing capital one debt

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  • #1

    lowell Portfolio I chasing capital one debt

    Hi,

    I have recently received a letter from Lowell Portfolio I regarding an outstanding credit card debt from Capital One which becomes statue barred in September 2012.

    The first letter I ever received regarding this debt was in January 2011 from Bryan Carter Solicitors threatening court action. I have read up on these forums which are a god sent so thank you and I sent them a CCA request (clearly marked with I do NOT acknowledge any debt to your company). I received a reply within the time stated (12 + 2 days) returning my £1 postal order and a letter saying they are no longer dealing with the account. Stupidly I thought this was the end of it.

    Then I received another letter from a company called Asset Collections dated June 2011 requesting the same debt. Again I sent the CCA request with the £1 postal order fee and again clearly marked this with (I do NOT acknowledge any debt to your company). However this time I heard nothing from them.

    I have now received yet another letter this time from Lowell's which I received yesterday (16/11/2011) which is a Statement of your Account. To my amazement they have applied a £2 payment and dated it as being paid in July 2011. I have never made any such payment. The money that was sent was 2 £1 postal orders for CCA requests, one of which was returned.

    Could someone please give me any advice on what my next move should be only this is worrying the life out of me and now that they have applied that payment (which was never a payment at all) then its as though I have acknowledged the debt which I really haven't.

    Many thanks in advance.

    Stato
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  • #2
    Re: lowell Portfolio I chasing capital one debt

    There is a similar situation to this on this thread:

    Lowells - Help needed please - Legal Beagles Consumer Forum

    The advice given was to ignore it and file the statement of account away very carefully. Curlyben, the guru of DCA's on this site, is the one best placed to advise you.

    Did you receive any Notice of Assignment for this debt from the OC to Lowells (or from Lowells saying it had been assigned to them)?

    Comment

    • #3
      Re: lowell Portfolio I chasing capital one debt

      Hi Labman thank you for the quick reply. I never received anything from OC or Lowells for this debt it just seems to have been passed on from one DCA to another I didn't even know it was with Lowell's until it came through the post yesterday.

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      • #4
        Re: lowell Portfolio I chasing capital one debt

        That's useful to know. As it is the first letter from them and a statement of account, I would still file it very carefully (you want to keep the evidence of the ghost payment) and otherwise totally ignore it.

        Comment

        • #5
          Re: lowell Portfolio I chasing capital one debt

          The ghost payment will this actually start the 6 years thing off again or are they just trying their luck. Can't believe that they would do that. Cheeky to say the least. Am I just worrying for nothing?

          Comment

          • #6
            Re: lowell Portfolio I chasing capital one debt

            Just trying their luck, the onus is on them to prove you made the payment, which given you sent 2 £1 payments for 2 seperate CCA request any judge in the land would soon spot what they are upto.

            I would write a letter in dispute of the £2 payments making it clear that you sent 2 seperate CCA requests both with that satutory £1 each, the first was returned as they had no CCA and the 2nd was not responded to at all and the £1 was not returned. as such lowells have clearly added the 2 £1 statutory payments for the CCA request to the account in an fraudluent attempt to avoid the 6 year statute barred time limit, even though only £1 was actually kept by the previous company that tried to collect the ALLEGED debt that i DO NOT ACKNOWLEGE. As such lowells are to refund the £1 satutory fee that was not returned to me and remove the inaccurate £2 payment from the account immediately, and as the creditor is now in default of my CCA request, no further enforcement action is permitted until such a time that the CCA is sent to myself.

            Print your name at the end of the letter DO NOT sign it by hand DCA's are known for lifting peoples signitures to make up a fake agreement and try to pass it off as a proper agreement.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

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            The Governess; 6th March 2012 GRRRRRR
            • 2 likes

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            • #7
              Re: lowell Portfolio I chasing capital one debt

              Thank you so much for all your help and advice. Will be sending them a letter and will keep you updated on what their response is
              • 2 likes

              Comment

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