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.

[roygoodbeat]

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

Yes I was a victim and yes they are ignoring writing to my solicitor.

[nemesis45]

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

Hello Roy,
Default dates cannot be " amended" or changed once registered, have you been the victim of Barclaycard " Mercers Duff Default notice scam"? Where a DN was issued but was not compliant and BC carried on with reporting " late payment markers" instead of registering a default.

Ignoring an instruction to deal with a 3rd party representative is a Lowell trait, would be worth reporting this to the FCA " for information".

nem

[roygoodbeat]

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

So Lowell have been ignoring a 3rd Party representative (solicitors) is this still happening?

nem

Yes, looks like it. The original default was in June but I think I once received a letter saying it was amended to October. Last payment was made in March 2009.

[nemesis45]

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

Have to refer to my solicitor but it will be sb now. Last I knew, any letters should have gone to my solicitor. Lowells are ignoring that.

So Lowell have been ignoring a 3rd Party representative (solicitors) is this still happening?

nem

[FlamingParrot]

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

Have to refer to my solicitor but it will be sb now. Last I knew, any letters should have gone to my solicitor. Lowells are ignoring that.

In that case, the default should be dropping off very soon, when was it recorded?

[roygoodbeat]

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

Have to refer to my solicitor but it will be sb now. Last I knew, any letters should have gone to my solicitor. Lowells are ignoring that.

[nemesis45]

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

Are you absolutely sure on your stat barred time scale?
Was any comment made in court in reference to the
enforceability of the agreement all the sect 78 discrepancies etc.

nem

[pt2537]

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

Just as an update, now started receiving demand letters from lowells. Usual mail outs saying they would give me a 50% discount.

Is there any milage with suing them for harressment and that they still have the default on my credit file?

yes, ive just settled a damages case for default on credit file.
And ive dealt with lowells recently for the same thing.

Certainly worth a look

[FlamingParrot]

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

Just as an update, now started receiving demand letters from lowells. Usual mail outs saying they would give me a 50% discount.

Is there any milage with suing them for harressment

Not for sending you discount letters. Harassment would be if they were ringing you non stop and/or if they sent letters containing threats that went beyond what could be regarded as normal collection activity.

and that they still have the default on my credit file?

Having the SD set aside doesn't mean the default has to be removed, the recent Grace v Blackhorse case referred to an account that had been ruled unenforceable in court, setting aside a SD meanly means the insolvency route was not appropriate for your debt but the county court route is still open to them, until the debt is SBd. How long have you got left?

[MIKE770]

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

Just as an update, now started receiving demand letters from lowells. Usual mail outs saying they would give me a 50% discount.

Is there any milage with suing them for harressment and that they still have the default on my credit file?

50% discount had that discount offer weeks ago nothing since! default fell off last year! SB very soon

[nemesis45]

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

Just as an update, now started receiving demand letters from lowells. Usual mail outs saying they would give me a 50% discount.

Is there any milage with suing them for harressment and that they still have the default on my credit file?

Case won or lost an account was defaulted that fact is reported until the 6th anniversary of the default date.
Were you expecting that the SD being set aside meant the debt was extinguished.? I'm sorry to say it does
not.
The debt may not be enforceable via the legal system and Lowell's attempt to bankrupt you has also failed,
the underlying debt is still there.

You could try complaining to Andrew Bartle COO at Lowell but I would not bank on any sympathetic response.

nem

- - - Updated - - -

[roygoodbeat]

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

Just as an update, now started receiving demand letters from lowells. Usual mail outs saying they would give me a 50% discount.

Is there any milage with suing them for harressment and that they still have the default on my credit file?

[Celestine]

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

This thread has been enjoyed by VIPs whilst proceedings were ongoing. Now it is successfully concluded, we are happy to share it with regular members to show how Lowell can be beaten.

[PlanB]

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

There were multiple s.78 and s.61 issues. Also the DN's were Mercers issued and utterly non-compliant.
.

Because only the creditor can issue the DN? Will Barclaycard ever learn :doh: Actually I hope they don't.

I've got one of these ancient Barclaycard/MSDW accounts recently sold to the litigious MKDP so I was following this thread closely. I know that no two cases are the same but it helps to get pointers from other success stories

Well done to Team Legal Beagles :beagle2222: :beagle2222: :beagle2222: