Cap One probs

yorkie1980

hi all,
Not sure if here or DFW board is best, but will start here and hopefully someone can re-direct me if needed.

Basically, CapOne owe me about £300 of charges dating back to 2002. I've asked for them, they've agreed them.

Problem is that they want to send them to Lowell, who now own the debt, as I defaulted in 2003.

I want them to pay me direct, but they will only agree to knock £300 off the debt owed to Lowell.

Any ideas if they can do this?

Thanks :beer:

normanmark

Yes they can do it, if you owe the money to Lowell surely its better them paying off the debt you currently owe?

yorkie1980

It's six years in March, so it will be Statute barred, so to be honest, I'd rather just let it go SB.
Plus Lowell have been absolute sh*ts about this - unable to provide CCA and Deed of Assignment, and now unwilling to speak with me anymore and no longer chasing me for payment (last letter - May 08).
I'm surprised Cap1 can do that though. If they don't own the debt anymore, I don't see what interest it is of theirs. They will have to pay £300 regardless.

yorkie1980

ps: Are there any rules / literature to back up your view that they're allowed to do this?
I'm not doubting you, but would be great to know the facts as well as opinion.

normanmark

I don't have any rules to back up my view im afraid. I'm only going by common sense of the fact that if you have a debt outstanding against the company and you're claiming money back then they'll use that against what you've spent.

Sammy_Girl

Hi Yorkie,

It may be worth you posting on the "Reclaim your Bank and Credit Card Charges" board. They must have seen this kind of query before, and will be able to advise what's best.

yorkie1980

hiya, yeah that makes perfect sense.
I kind of thought that as the money is owed from before the account defaulted, and the default amount is made up entirely of unfair charges that they may just give me it back.
No worries, thanks for taking the time to answer!

yorkie1980

Thanks Sammy_Girl, will do

fairmorn308

yorkie1980 wrote: »

hi all,
Not sure if here or DFW board is best, but will start here and hopefully someone can re-direct me if needed.

Basically, CapOne owe me about £300 of charges dating back to 2002. I've asked for them, they've agreed them.

Problem is that they want to send them to Lowell, who now own the debt, as I defaulted in 2003.

I want them to pay me direct, but they will only agree to knock £300 off the debt owed to Lowell.

Any ideas if they can do this?

Thanks :beer:

exactly same as me. Well cap 1 off there own back paid lowell the outstanding balance and tryed to send me a cheque for the remaining amount which i declined. also they defaulted me and i have just got the default removed off my file but am still fighting cap 1 in court to make payment in full to myself cause the claim is againest them and they cant just pay other people with the money they owe you.

latecomer

If you didn't actually pay what you owed them, why do you feel they should pay you what you claim back?

yorkie1980

fairmorn308 wrote: »

but am still fighting cap 1 in court to make payment in full to myself cause the claim is againest them and they cant just pay other people with the money they owe you.

Exactly, how's it going? Have you actually been to court? Would you be able to share the process which took it this far, or is it already posted on MSE?

Thanks for support :money: