Barclaycard/Lowell no CCA

[meljam]

Hello All,

I have read advice to others in here and always found it to be helpful with my own issues. Today I was hoping I could ask advice on an ongoing dispute I have with Barclaycard/Lowell/Red/Hamptons.

I had a Credit card from Barclaycard back in 2001, there is debt outstanding on this for around 600 mark. In an attempt to sort and organise my debts a few years back,I cca'd Barclaycard for a copy of the agreement. To cut a long story short, they didnt have one and i sent them the dispute letter. I then sent and SAR (because they defaulted me, no DN, nothing) and there was again, no cca and nothing to show they had sent me any type of DN. I then started withholding my payments stressing to them that I wanted to see the correct documentation.

Nothing has ever been forthcoming other than a letter informing me it had all been passed to Lowell. I then had the same argument with Lowell, they refuse to acknowledge there is no CCA and have transferred the Default into their name. Now they have recenly passed to Red with a threat of it going to Hamptons. I am aware they are all the same outfit.

I have also stressed in a letter that they are to remove my telephone number under the protection of harrassment act yet they do still occasionally call, they also text me quite reguarly.

My question is - what should I do from here, Barclaycard being in default of the CCA request dates back to 2009 and they have clearly sold this debt on to a company who should not be contacting me, more worryingly ignoring the fact it is clearly in dispute.

Any advice would be much appreciated.

Thanks

[miliitant]

Re: Barclaycard/Lowell no CCA

have all requests to barclayshark, lowell, red, whoever been put in writing, do you have copies, were they acknowledged, and were they sent recorded delivery

the point i am making is you need proof and substantiate the letters were sent

if not then you need to send again by recorded delivery stating the account has been in dispute since xyz and the reasons for the dispute direct to lowells

[meljam]

Re: Barclaycard/Lowell no CCA

Thanks for replying Militant

My CCA requests were sent recorded, as it was a few years ago, I am hoping I still have the receipts (i should have somewhere) also, they have said in letters that they complied with the request by sending a copy of an application form (i still have that letter) then Lowell used the same argument.

Also they replied to the SAR (minus a CCA and DN)

Should I send Lowell the actual 'in dispute' letter that went to Barclaycard when they defaulted on the CCA request, or would the fact I have continually explained the situation by letter to Lowell several times suffice?

[jax50]

Re: Barclaycard/Lowell no CCA

bumped