Lowell have took over a Cap1 debt & threatening action.

[MIKE770]

Re: Lowell have took over a Cap1 debt & threatening action.

Thanks Amethyst,
I've just finished scanning the other pages they sent with the letter. They sent loose pages of the T&C's of what they say are the Original T&Cs and ones from when the account defaulted and a scanned copy of the signature page which they say is from the original agreement. I had to split them as too large to post as a single file.

Sorry I thought you were up loading an agreement not accompaning letters??

£12.00 default charges what year taken out|??\

[Amethyst]

Re: Lowell have took over a Cap1 debt & threatening action.

Okay original terms are there. Interest rates match up.

Can't see this bit from the application though.



I am applying for 3 credit cards with 0% interest on purchase and balance transfers for the first 6 months and thereafter variable rate for purchases of either 18 14% p.a. (14.9% APR) 24.94%p.a.(28.5%APR) For balance transfers after the first 6 months the interest rate is 18.14% p.a. for the lowest rate card and 20.76% p.a. for the other 2 higher rate cards. For cash withdrawals the APR is 25.6% for the lowest rate card and 31.1% for the other 2 higher rate cards. I undersatand that if my application for a lower APR credit card is approved you will not issue any other higher APR credit card to me. If I am accepted I will receive one card.

[Amethyst]

Re: Lowell have took over a Cap1 debt & threatening action.

Anyway basically it does appear they have complied with the CCA.

[panther12]

Re: Lowell have took over a Cap1 debt & threatening action.

The copy application form that cap1 sent in response to our CCA request is a fraction clearer to the one lowell sent. It's still hard to read but I've scanned the bottom small print at high res which shows a tad clearer than the previous one posted.

cca sig.pdf

Yes they only sent the one card/account, I assume it's a generic application form to cover all the interest rates available and they determine the exact rate of what you'll get at a later date once they process the application and any credit checks. The application form is dated June 2004, cap1 say we entered into agreement on 10 July 2004. Not sure what the "Terms of your Cap1 Credit Agreement" refers to that they enclosed as it's not dated and on the reverse it lists the default sums as £12, they were £20 when the account was opened.

If s78 has been complied with, I guess that just leaves the unlawful late payment charges. Still waiting for the SAR but the charges with compound int should more than cover the amount they seek.

[trout]

Re: Lowell have took over a Cap1 debt & threatening action.

As I see it, whilst your S78 request might have been dealt with, the alleged Agreement is still unenforceable as there is nothing to link the signed application form to the separate unsigned agreement.

[MIKE770]

Re: Lowell have took over a Cap1 debt & threatening action.

While I wait for Cap1 to comply with my CCA & SAR, I had another look at the statements that lowell sent which I posted previously. Between the dates of Aug 2004 to May 2007 where they don't detail the transactions or late payments - they do detail the balance and minimum payment due for each month. Based on that information, if the minimum payment is 3% (or £5 whichever is the greatest) am I correct in thinking that for the months which show a much higher than 3% minimum payment due, this will be because there was a missed or late payment for the previous month therefore the minimum payment rolls forward to the next month. So without any transaction details I am still able to calculate the months when a late payment fee would have been applied?

If I remember SAR from Cap 1 as you state show balance not payments for that period, their argument is 6 year so called rule no doubt1

[MIKE770]

Re: Lowell have took over a Cap1 debt & threatening action.

most capital 1 agreements did not have the Prescribed terms present at inception = unenforceable?