Capital 1 & Lowell Financial & £600 in charges!

compulsivespender79

Hi all,

New to this part of the MSE Forums, I normally hang out with the debt-free-wannabees! I have a question that I think is best asked here rather than there though, so here goes;

In 2004 I applied for, and obtained, a Capital One credit card with a £200 credit limit. For several reasons I couldn't keep with the payments (biggest being that they absolutely refused to change my payment date), and so the card fell by the wayside. In April 2007 I received a letter from Lowell Financial saying that the balance I now owed was £800. Not being as financially savvy then as I am now (thank you MSE) I set up a payment plan with them to repay the full amount.
However at the moment the debt is unenforceable - Lowell have failed to provide me with a true copy of the CCA, and statements. I have now decided to try and reclaim that £600 back. I will be posting a request to Capital One for my statements. My question is: who do I pursue for the charges? Obviously it was Cap One who applied them in the first place, but Lowell bought the debt didn't they?

I'd be grateful for any advice anyone can offer,

Many thanks,

cs

compulsivespender79

*Shameless bump*

Can anyone help??

Puma21_2

Hi there,

I am really interested in this post. I too had a Capital One Card and apparently defaulted. I too paid Lowell the money. I think I was charged about £200 by Capital One for late payments etc.

I have contacted Lowell because I did not recieve a copy of the default notice. I have asked them to provide a copy of my original credit agreement, default notice and statement of charges. If they can not produce these I will asking the default to be removed under the Consumer Credit Act.

I plan to try and get back the charges from Capital One, but feel this may be an effort as they sold the debt to Lowell. I am under the impression that Capital One should be accountable for the charges. They may even offset the charges againts removal of the default.

Happy to help you as much as I can.

Any ideas??

hotblu

Hello compulsivespender79 & Puma21,

I am by no means an expert in the matter, but as far as I am aware you have to apply for the charges back from crap one. My crap one debt was sold to a debt collection agancy. I wrote to crap one and they gave me the statements. Recentley requested charges and they have made an offer which I have refused.
The way to look at it is whoever has bought the debt has bought with the charges applied, and you are after the charges so its the source.

HTH

Hotblu

Ps, Good luck.