WON!!! Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

[roygoodbeat]

Hi


After being chased by different collection agents, Lowells finally purchased two barclaycard accounts (One was a morgan stanley account purchased by barclaycard). Have received by hand yesterday a statutory demand to pay around £14000. They have put together these two accounts.


Still to date I have never received a credit agreement from my old barclaycard (taken in 1994). In addition I have never received the same for the morgan stanley one. Even to my cca requests Barclaycard have only sent a reconstructed version, the second only refers to barclaycard and not morgan stanley. The default notices are correct I think. Issued 19 may 2009. Pay by the 5th June 2009. (There was a bank holiday over this period)


Having a ruff time at home. Recently broken up with my partner (A delayed reaction to when we got into trouble 3 and a half years ago) Also lost my job due to the split up and on anti depressants.


From what I have seen, these accounts are unenforceable. Need some advice on how to go about this all. From what I have read, Lowells are going down this route especially if they do not have the correct documents that fall under the 1974 consumer credit act.

[Kafka]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

We have a number of these cases with Lowell at the moment. Please await advice
:smow: here

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Indeed, Lowelll seem to be issuing them like confetti! :rant: :rant:

The other threads on the same subject of Lowells SDs are all in the VIP area to keep them from prying eyes.

I would suggest contacting these guys who are experienced consumer lawyers and see what they have to say, one of them (PT2537), :first: is a member here and has won quite a few consumer cases ---> http://www.watsonssolicitors.co.uk/contact.html

You should PM PT2537 with a link to this thread and see what he suggests.

Other posters in the same situation have sent Lowell a CCA request, see below. It has to be sent by special delivery with a PO for £1.00 and they have 14 days to respond. With Barclaycard, in most cases the agreements cannot be found because a lot of them were sent off for archiving and later destroyed!

Dear Sirs,

Account/Ref No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, and believe a copy of any credit agreement, along with a statement of account, should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully



Your name.

Normally you'd be advised not to sign the CCA letter, however, as time is of the essence, you may wish to sign it, so they can't argue lack of signature as an excuse which would just waste valuable time. You could sign on this anti-tamper strip as other posters in similar circumstances have done:

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

The other posters have upgraded to VIP, something you may want to consider, to keep your thread away from Lowell & Co. and also to access the other threads from posters in a similar situation:

Go to settings, the third group down is 'My settings', under 'My account', the last item is paid subscriptions. Under VIP member subscription, choose one year £9 or 10 years £25. See below. :grin: Attached Thumbnails

---

[roygoodbeat]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Still trying to get my head around this all. Thats the trouble with depression!

Here are the copies of the application forms, with Barclays and with Morgan Stanley.

Need to decide what to do as I only have 4 days to go before I have to appeal at the court. I have also received a letter from another debt collection agent who have been told that the file has been passed to them.

Are these enforceable? Does it make a difference that they are put on the same statatory demand?

Still outstanding the original t&c's from Barclaycard and the account does have unlawful charges which were never addressed by Barclaycard.

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

The images are a bit low resolution to be able to read the small print. Was this originally a Morgan Stanley credit card sold to Barclays? Or a Barclaycard from the start? Those documents seem to belong to two different accounts. Have they lumped them together and issued a SD for BOTH?

Did you ever contact the solicitors as per post 3 above? http://www.watsonssolicitors.co.uk/contact.html

You should really PM PT2537 with a link to this thread now the documents are here. You may also want to consider the option noted on post 4 for added privacy.

[PlanB]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Here are the copies of the application forms, with Barclays and with Morgan Stanley.

Need to decide what to do as I only have 4 days to go before I have to appeal at the court. I have also received a letter from another debt collection agent who have been told that the file has been passed to them.

Are these enforceable? Does it make a difference that they are put on the same statatory demand?

Still outstanding the original t&c's from Barclaycard and the account does have unlawful charges which were never addressed by Barclaycard.

Even though the Barclaycard Application form is a bit blurred it looks as if you've put a 'X' in the box for PPI. Did you get sent a copy of the seperate Ts & Cs for the PPI cover/agreement in response to your CCA request? Have you raised a claim for possible missold PPI on that account?

You say the original Ts & Cs for the Barclaycard account are still outstanding, does this mean you sent two seperate s.78 requests (one for each account) to Barclaycard some time ago which is why you have these documents or were these sent to you by Lowell after you sent two new CCA requests on 13th February as suggested by FP on this thread? Because Barclaycard (and the other Barclaycard which is ex-MSDW) need to provide everything applicable for each account seperately in order to comply.

You refer to unlawful charges which were never addressed by Barclaycard. Does this mean you have raised a formal complaint against Barclaycard which they have acknowledged but not completed the investigation?

Treat the ex-MSDW account seperately when providing us with information and answers so as not to get us confused (easily done!) even though they are both on the same SD.

What is the name of the DCA which has written to you and what does the letter actually say? It's important that the left hand and right hand know what's going on so that Lowell don't try anything funny behind your back while you're busy writing to another DCA.

Please try not to feel depressed about all this because if there are flaws in the paperwork then you'll have an argument. Keep Calm and Carry On :hug:

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

The Barclaycard is just an application form without all the prescribed terms, if that's all they supplied in response to a s.78 request, that wouldn't satisfy it.

[roygoodbeat]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Hi

These are two seperate accounts

1) Morgan stanley, then sold to Barclaycard, then to Lowell. Have written with the usual subject access request and S78. Only got a copy of the application form and T&C's when I requested them from Lowell. still no credit agreement. They never sent the original deed of assignment.

2) Barclaycard, then sold to Lowell. As above but never got the original t&c's, only a reconstructed credit agreement.

None have ppi. Did write to Barclaycard regarding the unlawful charges. Never heard back and considered the account closed as they were never straight and ignored most of my letters. Even complained about Mercers and the other companies but the usual guff came back, or not at all.

Both were purchased by Lowells last year. Lowells sent these documents attached but nether party have ever supplied all the terms and conditions that have changed over the years. They have never confirmed that they have the original credit agreement either.

Lowells have sent a statatory demand lumping the two together. Was kindly given to me by hand. I have two choices. Go to the local court on friday and contest it or call the debt collector they have passed to another since the statatory demand was given and arrange payments. Annoying really but I am going through the seperation with my partner and I have to put the house on the market shortly. I have worked it out roughly and I have paid any borrowed money back. It is the interest and charges that they are after and I was told originally that these agreements were not enforceable through a court of law.

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Did you ever get in touch with the solicitors and/or PM PT as suggested on post 3 above? £14k is a rather large sum and it looks like Lowell don't even have compliant paperwork for any of the accounts! PT2537 was successful in setting aside a SD served on to another LB member (Plan B), last year so you should really get in touch in the first instance, you have nothing to lose.

I would suggest contacting these guys who are experienced consumer lawyers and see what they have to say, one of them (PT2537), is a member here and has won quite a few consumer cases ---> http://www.watsonssolicitors.co.uk/contact.html

You should PM PT2537 with a link to this thread and see what he suggests.

You can make a repayment offer, yes, but there's no legal obligation to accept it. There's another thread where that has been discussed but it's in the VIP area so you wouldn't be able to access it without upgrading. In fact, there's quite a few Lowell SD threads but most are in that area to keep them from prying eyes.

Below is a quote from PT2537 with regards to a similar case involving a Lowell SD:

The creditor will be able to make him banktrupt if the debt is due and payable, and he fails to pay it in full when it falls due or fails to secure or compund the debt to the creditors satisfaction.

They do not have to accept payments via installments, so if the judge is agreeable to the Creditors request he could make an order.

There was a case called Re Selectmove where the inland revenue wound a company up because it did not pay the sums owed despite there being an agreement to accept payments by installments, if my memory serves me correct,

The questions are,

1) is the documentation compliant

2) has a valid default been served allowing the creditor to terminate the agreement

3) what are the arrears vs the balance outstanding, as the creditor would be entitled to recover the arrears even without a default notice.

[roygoodbeat]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Looking at both agreementys and the part t&c's from morgan stanley, there are gaps.

1) Barclaycard

I have never received t&c's for the 1992 application from Barclaycard. Also refers to PPI on page 7 which again I have never received a copy.

2) morgan stanley

I have only ever received the one page with the t&c's. Looks like it is only in part. The front refers to section 16 (personal data) but there is no section 16 in the ones they have sent.

Cannot check the statements as the statements do not go as far back as that.

Does it make a difference that they have lumped the both of them on the same notice?

I did try the solicitors that you mentioned but they do not take legal aid. I did get a solicitor call me yesterday but they do not have time to put a defense. They said I will have to submit something to the court and keep them posted whilst they access things. So I need a defense!!

[FlamingParrot]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

I did try the solicitors that you mentioned but they do not take legal aid. I did get a solicitor call me yesterday but they do not have time to put a defense. They said I will have to submit something to the court and keep them posted whilst they access things. So I need a defense!!

I don't think you can get legal aid for money claims, see this post:

I doubt the CLS will be able to help

Our wonderful coalition government have scrapped legal aid for financial claims from what i have been told. So, the consumer is left to fight his own corner it seems

The Capitalist Moron in charge (CaMoron) is intent in destroying the country by ensuring the gap between the haves and have-nots is as wide as in your average third world country, where only the Selected Few have access to all the services. :rant: :rant: :rant: :mad2: :mad2:

[roygoodbeat]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Ok. Need to prepare my defense if I am going to over turn this notice and hand it in tomorrow. . Need help quick!

The SD has two accounts lumped together.

To make it easier I will break them down:

1) Morgan Stanley, then B/C, now lowells Opened in 2003

1) Default notice issued my Mercers on the 19th May 2009. Settle before day is 5th June 2009. There was a a bank holiday over this time.
2) Subject access request made originally on the 27th April 2009
3) S78 Request June 9th 2009
4) Made another subject access request to Lowells in 24 November 2011. Received a copy of the application forms attached earlier. I have only ever received the one page with the t&c's. Looks like it is only in part. The front refers to section 16 (personal data) but there is no section 16 in the ones they have sent.
5) Never received a notice of assignment or copies from either Barclaycard or Morgan Stanley when Barclaycard took over.
6) Made a request on 23rd July 2009 in pursuant to the civil procedure rules 31.16. I also asked for confirmation that they had the original credit agreement. They ignored this.

Cannot check the statements as the statements do not go as far back as that.

2) Barclaycard now Lowells Opened in 1992

1) Default notice issued my Mercers on the 19th May 2009. Settle before day is 5th June 2009. There was a a bank holiday over this time.
2) Subject access request made originally on the 27th April 2009
3) S78 Request June 9th 2009
4) Made another subject access request to Lowells in 24 November 2011. Received a copy of the application forms attached earlier. I have never received a copy of their T&C's for this period. The front refers to Page 7 (PI)

Need to know if it makes a difference that they have lumped both together on the demand. Total is around 14k. I also wrote to Barclaycard stating that unless they supplied the information, the account would be deemed to be closed and future corresponsdence would be ignored.

[roygoodbeat]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

Can anyone look at this. Need to do a defence!!

Also noticed that the default notice is not only from Mercers but is also under section 87 (i) not 87 (1)

Beginning to panic! The alternative is to call and arrange regular payments but I can't afford it!

[pt2537]

Re: Lowells, Statutory demand issued (Ex Barclaycard and Morgan Stanley)

If this is a claim then yes you need a Defence.

If this is a statutory demand served under s268 insolvency Act 1986 then you need the form 6.4 and form 6.5

Both are quite different, so we need to be clear.