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Capital One advice (Lowell Portfolio 1)

24

Comments

  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    This all assumes the CCA is enforceable
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    DGJsaver wrote: »
    This all assumes the CCA is enforceable

    Is there anything to suggest that it isn't?
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Nope , but the OP hasnt mentioned details on it.....once he does , he`ll have a better idea of where he stands
  • Fribourg
    Fribourg Posts: 80 Forumite
    OK, they find the CCA, did they send it to you?? if so scan it, and post it here, and we can check if it is enforceable
  • simax
    simax Posts: 1,977 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Nor can you. If you owe the money, pay it!

    Like I said at the start, it's an amount I disputed. I'm refusing to pay out of principle.

    They told me the matter was closed and that I owed them nothing. They can't go back on that.
    I spent 25 years in the mobile industry, from 1994 to 2019. Worked for indies as well as the big networks, in their stores also in contact centres. I also hold a degree in telecoms engineering so I like to think I know what I’m talking about 😂
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Simax

    It would help you if the agreement was UE as well...
  • Mrs_Ryan
    Mrs_Ryan Posts: 11,841 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Capital One CCA's are never enforcable - basically what it will be is an application form.
    *The RK and FF fan club* #Family*Don’t Be Bitter- Glitter!* #LotsOfLove ‘Darling you’re my blood, you have my heartbeat’ Dad 20.02.20
  • BigCraigJohn
    BigCraigJohn Posts: 1,082 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Agree with Mrs_Ryan on this.
    Equaliser I think your in the wrong place.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Agree with Mrs_Ryan on this.
    Equaliser I think your in the wrong place.

    BigCraigJohn - do you think I could give a stuff what you think?
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    This is a grey area.

    You can avoid paying your debts if they can't find a valid CCA, at the expense of a trashed credit file.

    HOWEVER... If they can produce the CCA agreement at a later date then they can use it enforce the debt, unless it has gone statute barred.

    The problem that has been stated is they have stated the account is now closed and no money owed. They should not have stated this and instead said they would endeavour to find the agreement but in the meantime put the account on hold.

    If a debt collector has sent it, you should get away without paying the debt collector. But the creditor (bank) may well still be able to enforce this given the letter is from a DCA, not from the bank.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
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