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  #1  
Old 30th April 2011, 10:41 PM
Tim_Somerset Tim_Somerset is offline
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Default Please help....

I am being pursued relentessly for a very old credit card debt. The agreement allegedly started 02/03/04. The collection agency is called Lowell Portfolio 1 and I have decided to fight back rather than just pay up! They say I owe 915.
Not understanding the law at the time I asked them for a copy of the credit agreement and statements of account verbally on the phone, with hindsight this was a mistake, I should have put it in writing! The statements arrived first followed 3 months later by the credit agreement! To my horror the so called credit agreement allegedly signed by myself had a completely different account number to those on the statements!
I then wrote back telling them they had 12 working days to produce a copy of the original credit agreement bearing the correct account number. They keep sending me letters now saying that capital one are attempting to retrieve this information from their archives...
I did have a credit card debt with them once but I paid it off when I received money in 2008...I no longer have the information to hand.
It has now been more than 12 days, and I believe that if I don;t receive the correct information within a month they commit a criminal offence under the consumer credit act...does this mean I am in the clear?
I am pretty sure I don't owe this money.
The account was allegedly defaulted on but no record has ever been posted on my credit file!
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  #2  
Old 3rd May 2012, 02:37 PM
Something Should Be Done Something Should Be Done is offline
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Default Re: Please help....

It's bound to be worrying - and frustrating, but it sounds like you have a pretty good case if you choose to fight it.

Good luck.
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Old 3rd May 2012, 10:10 PM
Witch consumer Witch consumer is offline
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Default Re: Please help....

Of course they have to prove you owe the debt and have to go to court to enforce it if they cannot provide you with a copy of the executed agreement.

There is some debate on this issue but it sounds to me like you have a good case. The first thing you need to do is to write to Lowell and tell them the debt is in dispute and they must refer it back to their client, if they persist in contacting you, go to the FOS and complain about them, they are bound by OFT codes of practice.

Then write to Capital One and tell them you don't recognise any debt with them and they must desist from contacting you, alternatively, they can prove the case in court.

None of this will work but after you've taken these steps, you can ignore them and the various debt collectors they will pass the debt to.
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  #4  
Old 17th January 2013, 07:01 PM
peter_v17 peter_v17 is offline
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Default Re: Please help....

I had this once, which is why I've never used a credit card since, was a terrifying time of my life. However I'm debt free now. It's an interesting loophole, but even if you can ignore them, it must be a terrible psychological trauma. Good luck
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