Capital One advice (Lowell Portfolio 1)

simax

Hi guys,

Keeping it brief, recently started getting hassle from Lowells about a disputed Cap One account (from 2006). I sent the CCA request 2 months ago, and had a few letters in the meantime, all saying they are waiting for Cap One to respond etc.

Then I get a letter dated 30th July, stating the following:

Your Credit Agreement
We have now heard from Capital One about your credit agreement. They have told us it is no longer available. So I'm afraid we won't be able to send you a copy.

We are closing your account
With this in mind, we are now closing your account. We will not write to you again and you no longer owe us any money relating to this account.

Etc etc

Fast forward to today, and I get a letter dated 5th August with the copy of my agreement I had requested, stating they require payment within 21 days.

Surely this contradicts the first letter saying account is closed and YOU NO LONGER OWE US ANY MONEY RELATING TO THIS ACCOUNT.

Surely they cannot write back after telling me in black and white that they won't write to me again, I owe them nothing and they have closed my account with them? Am I within my rights to tell them to go whistle?

Cheers

phil80

i would just send them a copy of the letter saying that they have closed your account telling them to stop harrassing you.

KingElvis

Yep, keep that letter in controlled storage, don't let it out of your sight.

Just send them a COPY of their letter stating you no longer owe anything and tell them to go get f**ked.

It's amazing the tricks these scum sucking turds try to pull.

simax

I've just emailed them the following:

Dear Sirs,

Thank you for your letter dated 5th August 2010 with the CCA agreement, however I dispute it's contents. You wrote to me on 30th July 2010 stating that my Capital One credit agreement wasn't available, and I quote:

Your Credit Agreement
We have now heard from Capital One about your credit agreement. They have told us it is no longer available. So I'm afraid we won't be able to send you a copy.

We are closing your account
With this in mind, we are now closing your account. We will not write to you again and you no longer owe us any money relating to this account.


You now deem it acceptable to now send the copy of it (as it has now been found it would seem).

As far as I am concerned, the matter is already closed. You wrote to me stating that the account is closed and I do not owe you any money relating to this account, as quoted above.

I deem your most recent letter to be harrassment, as you informed me you would not write to me again.

I insist that you IMMEDIATELY desist in writing to me in relation to chasing monies for the above account. If you take the matter to court, I will present the copy of the letter stating the above at the court in question, as you have informed me in writing that I OWE YOU NO MONEY.

I expect a written reply to this email within 48 hours confirming no further action will be taken, however any further written letters demanding payment will be collated and used in my defence in court.

You also stated on the letter dated 30th July that the default will be removed from my credit file within 6 weeks. I still expect this to take place.

I await your immediate response in this matter.

Yours,

xxxxxxxx

Hopefully that'll get their attention.

Equaliser123

Unless I have missed something, you were relying on a technicality to avoid your debt. They have overcome that technicality so the debt is clearly due.

Their earlier letter was based on the CCA not being available. The circumstances have changed so the waiver has also been lifted.

Can I also ask why you say in your email:"I insist that you IMMEDIATELY desist in writing to me in relation to chasing monies for the above account"

but also say "I await your immediate response in this matter."?

F_T_Buyer

Sorry, but why email? Use snail mail. Also, I would have just copied their letter, and sent a very brief letter saying "this matter is now resolved and my account is closed, please see attached. Please do not contact me again on this matter."

If they take it further, you have that letter saying the account is closed. Keep it simples.

simax

Equaliser123 wrote: »

Unless I have missed something, you were relying on a technicality to avoid your debt. They have overcome that technicality so the debt is clearly due.

No it isn't. The earlier letter stated I no longer owe them anything.

simax

F_T_Buyer wrote: »

Also, I would have just copied their letter, and sent a very brief letter saying "this matter is now resolved and my account is closed, please see attached. Please do not contact me again on this matter."

If they take it further, you have that letter saying the account is closed. Keep it simples.

I'll probably write to them anyway, I just fired it off in a bit of a rage.

They can't change the goalposts to suit them.

Equaliser123

simax wrote: »

No it isn't. The earlier letter stated I no longer owe them anything.

Yes but that was based upon information available at the time. That changed. Pay the debt.

Equaliser123

simax wrote: »

They can't change the goalposts to suit them.

Nor can you. If you owe the money, pay it!

podperson

Unfortunately the problem with going down the unenforcability route is that if they find the cca later on they can chase you for the debt again. By all means write to Lowells and advise them that they have previously stated that they will no longer chase you but I imagine that they will simply pass back to Cap1 who will use another dca instead since the letter didn't state that no one else would chase you for the debt.