CCA (Lowell and Capital One)

Wordsmith

I can't find exactly the information I want by searching through the forums, so apologies if I am asking questions answered elsewhere.

I defaulted on a credit card with Capital One. I didn't keep up monthly payments. The debt was sold to Lowell. I asked Lowell for a copy of the CCA. They sent letter saying Capital One was trying to locate it, but there was nothing from Capital One via Lowell and so a week or so after the 12+2 days was up I wrote a fairly standard letter (from letters given as templates on this site) to Lowell noting they were out of time.

About a month after my original letter to them I received a letter from Lowell stating "We enclose copy of your original credit agreement with Capital One in response to your written request to us under Section 78(1) of the Consumer Credit Act 1974. Please find enclosed copy statements for your perusal and retention." They also ask for my payment of the balance.

What I received in the envelope was:

A sheet of paper headed "Original Agreement" with my name and account number typed on it.
Five sheets headed "Credit Agreement Regulated by the Consumer Credit Act 1974" giving terms and conditions
A copy of my original application (with my address and a signature, dated May 2004)
A sheet of paper headed "Current Agreement" with my name and account number typed on it
A copy of a letter with my name and address typed on it and the heading "Terms of your Capital One Credit Card Agreement" and signed by the Customer Accounts Manager
A "Credit Card Agreement Regulated by the Consumer Credit Act 1974", which contains a section titled "Before signing this agreement:", but there is no signature on the sheet, nor any other personal information (i.e. the sheet they presumably send everyone opening an account with them)
Five sheets of Terms and Conditions
Sheets numbered 148-167 giving details of use of the account (statements, in other words)
One blank sheet numbered 168
A sheet with my name and "Requested By: low" numbered 169

So, does this mean there is no credit agreement?

What do you think are on pages numbered 1 to 147?

Where do I stand now, please?

thechippy

Basically, they have no agreement. They've sent you a reconstituted agreement, which does fulfil the cca request.

However, to litigate they would still require the original.

I'd place the account in dispute and pay them what you feel like per month...;)

Wordsmith

Thank you, Mr Chippy. Is there a template letter for this? I haven't been able to find one. What should I say to them? Any information would be much appreciated.

thechippy

Hi,

Just place the account in dispute. Try a site search for "account in dispute" or similar and you should find something. If not, get back to me.

Culex

Wordsmith wrote: »

Sheets numbered 148-167 giving details of use of the account (statements, in other words)
One blank sheet numbered 168
A sheet with my name and "Requested By: low" numbered 169

What do you think are on pages numbered 1 to 147?

They would have been other statements from the subject access request which Lowell seems to have requested - quite improperly - in your name.

Wordsmith

Thanks, Culex.

Another question I was going to ask, actually, is that I see that Lowell has done a search on Equifax. It states on the site that no one can do this without my consent. Clearly I didn't give consent to Lowell, but is it tacit in my "agreement" (or otherwise) with Capital One that if the debt is sold on so is my consent?

I haven't found a template letter re putting the account in dispute. To be fair, I am not actually in dispute that the account is mine - I know technically I may be able to do this, but morally I am not sure I want to. I do, however, want to know if/how they have mishandled the situation to give me some bargaining power.

misstasty

Hi Wordsmith.
I was browsing the site as I too am having problems with Lowell, so Obviously your post was of interest to me....I am by no means as experienced as some of fab helpers on here.....but I just thought I'd give you a nod in the direction of the OFT guidelines that I was perusing earlier...I have no idea how to find a link other than if you type OFT in the search bar on MSE you should come up with something.
Lowells cannot provide me with a CCA, they have admitted this, and said they were closing my account, and removing the default.I waited and waited and they still havent removed the default, so contacted the office of fair trading and now they are investigating.

Good luck x

winner12

Hi there
Got the same thing going on with Cap 1 myself
I also got a reconstituted agreement but have no clue who to pay Cap 1 have not accepted my direct payments have had 2 DCA chasing it
I did complain to Cap 1 who stated Credit Solutions were handling things and would be in touch not heard anything since so have not paid since October 2010
So they wont make it easy if you morally want to pay them like I do
I think the default stays on your file because you did borrow the money even though they have no original copy of your CCA but someone will correct me if I'm wrong