Old Cap1 Debt - Help Required..........

[Jan99]

Hi All,

I'm new to this Forum and have joined to gain some advice / help on dealing with a Cap1 debt that I last made a payment on back in 30 Dec 2008. In jan 2009 Cap1 were sent a Signed CCA Request letter along with a £1 postal order. According to all of my records it took Cap1 until 12/10/09 to come up with a CCA that had a signature on it by which time (26/06/09) they had issued a default notice with the CRA's on the account. After receiving the signed CCA I wrote to Cap1 (10/11/09) complaining about the way they had handled the account and requesting that they undo the damaged they had done to my records with the CRA's.
Up until last year I'd heard nothing back from Cap1 then all of a sudden a letter hit the door mat to inform me that Cap1 had sold the account to Lowell Finacial. After the usual harassment letter and Signed CCA Request letter had been issued we agreed to disagree on the matter as expected and have bounced backwards and forwards ever since until this week when I received a letter from Fredrickson International. They have said they have been instructed by Lowell to secure repayment of the debt plus to avoid further action I must contact them ASAP by phone and if I don't they will instruct Bryan Carter Solicitors to take legal action against me.

I have decided not to communicate with FI until I have received some solid advice on where to go now.

Hope this makes sense.

I have all dates etc to hand and all the letters I've sent on paper / hard drive.

Thanks in advance.

Jan99

[nemesis45]

Re: Old Cap1 Debt - Help Required..........

Hi Welcome to LB. Jan,
Fredrickson and Lowell are part of the same group of companies, Lowell is a debt purchaser, Freds collect and manage up to and including starting court claims.
Carter is a tame solicitor for rent used by many DCA's.

The last payment in 2008 and a default placed 12/10/2009 is out of order and could/should be challenged with Capones data controller.

However, if no further payment and/or No written admission of liability has been made since December 2008 the debt is statute barred since Dec. last year.

CCA request to Lowell is correct procedure.
If you are totally sure of the " last payment acknowledgment" dates, let me know and we can nip this in the bud now.

nem

[Jan99]

Re: Old Cap1 Debt - Help Required..........

Hi Nem and many thanks for the quick response.

Just to clarify, last payment date (30/12/08) was the last time debt was acknowledged - first CCA request letter sent 29/01/09 - default placed on the account 26/06/09 - signed copy of CCA finally received 12/10/09 - first contact from Lowell and Cap1 since 12/10/09 was 31/07/14 - no acknowledgement of debt by myself in corrispondence with any of the above companies to date.

Hope this helps.

Jan99

[nemesis45]

Re: Old Cap1 Debt - Help Required..........

Statute Barred then Jan last year!

A letter to Lowell which does Not admit liability stating the debt is barred.
The Lowell Group
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

For the attention of the Head of Collections.

ref: use Lowell's:
I refer to correspondence from Lowell which alleges I am indebted to it in the sum of £.....: originating from an account with Capital One, please note I do not acknowledge any liability for the alleged debt.

A review of my credit history leads me to conclude any such debt is Statute Barred, therefore I will not now or in the future make any payment or offer of payment.

I am fully aware that no " one off" payments have been made in the relevant 6 year period.

Lowell will confirm in writing within 7 working days of the date hereon that it has close the file on this
matter and no further action of any sort will take place.

Send by signed for post check delivery date.

Say bye, bye Lowell!!

nem

[Jan99]

Re: Old Cap1 Debt - Help Required..........

Thanks again Nem!
Sounds excellent!

Just a couple of questions though.
In England Statute Barred period is 6 years from what I gather so by my calculations Statute Barred date would be Jan 2015??
Also, as the account has been handed to Fredrickson International do I send this letter to them or to Lowell at the address in your last post?

Thanks again for your help and advice.

Jan99

[nemesis45]

Re: Old Cap1 Debt - Help Required..........

Yes end Dec.14 Beginning Jan15.
Freds are managing the account for Lowell (same group of companies) so copy them in.

nem

[Jan99]

Re: Old Cap1 Debt - Help Required..........

Thanks Nem!

Will get a signed for letter to each in the post today.

Keep you updated on any response asap......................

Jan99

[Aircooled]

Re: Old Cap1 Debt - Help Required..........

Ive just woken up today to the same senario and the pleasure off knowing that a 15yr old debt has been ccj'd against me without my knowing.. Cheeky barstewards... Try to get this one resolved now

[nemesis45]

Re: Old Cap1 Debt - Help Required..........

Hi Aircooled,

" Judgement by Default ??
When was this?

Is this the Capone card?

nem

[Jan99]

Re: Old Cap1 Debt - Help Required..........

Hi Aircooled.
Not a nice way to start the weekend!
15 years is a long time??
How do they expect this to carry any weight?

Update - Frederickson replied to say they'll investigate my claim and get back to me. Standard letter to buy some time and as I have already gone through the same process with Lowell (same companies) a complete bluff as far as I'm concerned.
Been through all my paper work and everything in check even as far as all bank statements since my last payment. Just awaiting results of investigation before next course of action.............
Jan99

[Jan99]

Re: Old Cap1 Debt - Help Required..........

UPDATE: Postman has just been and I have received a letter from Fredrickson to say that after refering the matter of this account being statute barred to their client (Lowell) that their client will be closing the account and will not be seeking any payment regardingthis matter in future. Fredrickson also confirm that they have now closed their file and will not be taking any further action. Excellent news!!
Any advice on whether or not it is worth while writing a letter to Lowell enclosing a copy of Fredricksons letter and asking for written confirmation/acknowledgement that this account has been declared as statute barred??
Also how do I go about having this account removed from CRA records so I can continue with my life again??
Any advice on where and how I go from here would be gratefully appreciated........................
Thanks in advance,
Jan99

[MIKE770]

Re: Old Cap1 Debt - Help Required..........

Freds are Lowells = next desk in the threatogram game

[Jan99]

Re: Old Cap1 Debt - Help Required..........

Correct!
Three letters to say that Freds were investigating when I had already been through it all with them under the name Lowell.
Buying time / playing the threatogram game (as you put it) I guess but no point when they are so far in the wrong..........................
Any advice on where to go from here in a bid to clear CRA records would be gratefully appreciated??
Jan99

[MIKE770]

Re: Old Cap1 Debt - Help Required..........

A default stays on file as long as it is a true record of events for 5 years Scotland & 6 Years England and will automatically drop off after the stated period of time.

[Jan99]

Re: Old Cap1 Debt - Help Required..........

In theory then the default will be on file with CRA's until 2021 unless we go from the date of the original default notice date (26/06/09) which would be six years this month.
I gather that this will depend on whether Lowell issued a new default notice when taking ownership of the account.
Is there any way of getting a default removed earlier?