lowell portfolio problems

darrenrez

hi all, i new to posting so i will explain whats happened so far:
got a letter off lowells demanding £470 from a capital one cc.
i sent a cca request letter on the 28th aug, waited till the 16th sept(12+2 days) for a reply.
got reply on the 17th from lowells saying they have requested the cca from capital one,and they are retrieving it from archives,sent another letter telling them they are in default and i asked them to remove the default notice from my credit file,then i recieved another letter from them saying they would forward the cca when capital one have sent it them but on the bottom of the letter they have put "they will want the payment in full"(are they in breach for demanding payments while the acc is in dispute? )or should i call their bluff and tell them just to take me to court ?.

GeorgeUK

According to the OFT debt collection guidelines, while a debt is in dispute or is unenforcable, they should not attempt to enforce the debt. This includes seeking payment. Most DCA's ignore these guidelines though so that's no surprise.

As they do not have a copy of the customer credit agreement, passing your details on to a 3rd party (the credit reference agency) is in brach of the Data Protection Act.

Did they send you a notice of default? If not, they should have.
Also check the date they have put for the default. Alot of times they pput the date that the default went on your credit file rather than the actual date you defaulted on the alleged agreement.

Getting DCA's to do anything about these breaches though is always a struggle.

If they did take you to court, you would need to hope that they didn't find a properly executed copy of the credit agreement at the 11th hour.

darrenrez

hi george, no they not sent me notice of default but i looked on my credit report from experian and it was put on back in oct 05.
if they do produce it i will have to check it for relevent clauses cos it was before the amendments to agreements,i am not advocating debt avoidance but if the dca's want to send threatning letters and nasty phonecalls then its about time we all stood up to them and faught back instead of assumeing they are always operating within the laws.