Capital One and Lowell

[Ruby]

I did a CCA request to Lowell for an old Capital One dept they are trying to chase. I recently received print outs of transactions made for the account and a CCA document that was completely illegible apart from signatures and headings. The document was signed in early 2008. I wrote back to them basically complaining that the document was illegible and quoting the following:-

61 Signing of agreement.

(1) A regulated agreement is not properly executed unless—
(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b) the document embodies all the terms of the agreement, other than implied terms, and
(c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

I received a reply today stating the following:

Capital One has supplied us with a true copy of the credit agreement that was signed in your name and to which a credit facility was extended to you. Account statements have been sent to evidence the credit used by you under the facility.

The procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore you have evidenced acceptance of the agreement by using the credit facility. Since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

I am scratching my head as to word my reply and would really appreciate your help. I would really rather nip this in the bud rather than it escalate with court action.

[Ruby]

Re: Capital One and Lowell

Bump please :tinysmile_cry_t:

[FlamingParrot]

Re: Capital One and Lowell

I did a CCA request to Lowell for an old Capital One dept they are trying to chase. I recently received print outs of transactions made for the account and a CCA document that was completely illegible apart from signatures and headings. The document was signed in early 2008. I wrote back to them basically complaining that the document was illegible and quoting the following:-

61 Signing of agreement.

(1) A regulated agreement is not properly executed unless—
(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and
(b) the document embodies all the terms of the agreement, other than implied terms, and
(c) the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

I received a reply today stating the following:

Capital One has supplied us with a true copy of the credit agreement that was signed in your name and to which a credit facility was extended to you. Account statements have been sent to evidence the credit used by you under the facility.

The procedures and processes of Capital One would not have allowed any credit facility to have been opened or utilised if they had not received a signed application. Furthermore you have evidenced acceptance of the agreement by using the credit facility. Since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

I am scratching my head as to word my reply and would really appreciate your help. I would really rather nip this in the bud rather than it escalate with court action.

You may want to look at this: http://www.legalbeagles.info/forums/...134#post435134

The main issue here is that s.127 of the CCA 1974 was repealed with effect from April 2007. That was the section that prevented a court from making an enforcement order unless there was a properly executed agreement with all the prescribed terms. As stated above, from April 2007, the court has discretion to enforce even without a properly executed agreement. As this card was taken out post-April 2007 sadly you wouldn't have the protection of s.127.

[gamma]

Re: Capital One and Lowell

hi, and seasons greetings to you.

i came across your post and read with interest. 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 alledged 'capital one' debt.

just some basic background info for you, i had back in 2006/7 sucessfully 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.

so my questions are related to Capital One and Lowells - as i do recall claimign back around £700 odd from cap one on various charges, and 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 (couldnt) .

i know the card was taken out post 2007, but i want to know where i stand with Lowells and Cap 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?

many thanks

P:santa2: