Lowell - Very Scared - Please Help

[abcdefg123]

Hi,
I will keep this brief as i am sure it has been answered before but as I am not the most intelligent of people I would like someone to clarify my position however bad the news might be. I am so worried I have considered all types of scenarios so any help would be apprecated. I will bullet point the case.

• Barclaycard debt for 5K
• Many letters from DCA's which I ignored
• Notice yesterday that they have sold debt to Lowells
• Text message from Lowells this morning demanding i contact them today.
• I have previously asked B/Card for CCA which they sent me unsigned with generic T's and C's some months ago.
• I have no job and no income

So, i have no clue what to do. Am i correct that after a test case last year they can enforce agreements without signed CCA's?

As i say i am in a bad way and help from one of the great people on this forum will be very valuable to me.

Thank you

[Curlyben]

Re: Lowell - Very Scared - Please Help

Am i correct that after a test case last year they can enforce agreements without signed CCA's?

In short, NO.
I assume you are referring to Carey concerning recon'd agreements..

This ONLY applies to CCA requests and NOT court action.

[CleverClogs]

Re: Lowell - Very Scared - Please Help

I have no job and no income.

Even if Barclaycard and Lowells know you still have two kidneys, they are no longer permitted to demand one in settlement or part settlement of a debt.

[teaboy2]

Re: Lowell - Very Scared - Please Help

Agreed with curlyben above - They would still have to produce a signed true copy of the agreement in court if they took YOU to court.

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Thank you for your point. My question would be what do i do now?

[Curlyben]

Re: Lowell - Very Scared - Please Help

WAIT and see what Lowell has to say IN WRITING.

They'll probably huff and blow, but then simply tell them that this is still in dispute with the OC due to their lack of compliance wit your CCA request.

[abcdefg123]

Re: Lowell - Very Scared - Please Help

But they have sent me a letter of assignment with a request for payment. Should i call them and tell them that this is still in dispute with the OC (which I assume means Original Creditor) due to their lack of compliance with the CCA request

Read more at: Lowell - Very Scared - Please Help - Legal Beagles Consumer Forum

[Curlyben]

Re: Lowell - Very Scared - Please Help

Well ask yourself this, how can they assign something that doesn't actually exist.
Until B'card comply with your CCA request the debt is in dispute and NOT assignable..

Plus WHO said it was sold ?

[CleverClogs]

Re: Lowell - Very Scared - Please Help

WAIT and see what Lowell has to say IN WRITING.

They'll probably huff and blow, but then simply tell them that this is still in dispute with the OC due to their lack of compliance with your CCA request.

But do not telephone the buggers, as they may try to bully and browbeat you into paying and will almost certainly tell lies, mainly because that is what they do.

Notify them in writing that the original creditor has failed to provide even the reconstituted, cobbled together agreement provided in Waksmann's judgement, that they are therefore in default of section 78 (6)(a) of the Consumer Credit Act 1974 - link - and that, until they find what they did with it or where the office cat has hidden it, the alleged debt remains unenforceable.

[SpringerSpaniel]

Re: Lowell - Very Scared - Please Help

You are not in any way obliged to phone them as they suggest.

If they phone you, insist that you will only deal with the matter in writing; and that you need to take independent advice, as you are entitled to do.

If they write demanding payments, write back asking them to prove that you owe them anything at all. There are sample letters on this site which you can use. Quite often, they will be unable to produce any such proof, and as there is no evidence you owe any money to these people, there is no reason why you should give them any.

If they phone up lots and lots you can i) make a claim or counterclaim against them in the county court for harrasment and/or ii) complain to the OFT about their conduct. I have previously posted a link to the OFT guidance about harrasment by creditors.

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Thank you so much. Can you please point me in the direction of the letter template that i should send them.

Also, am i then correct in assuming that providing me a with generic and unsigned CCA together with T's & C's is meaningless.

Thanks again - you are all a massive help and really good people.

[SpringerSpaniel]

Re: Lowell - Very Scared - Please Help

If it is not signed, they will struggle to prove that you owe the money, as this damages the evidence that there is any agreement with you.

In a civil claim it is for them to prove you owe them anything, ratehr than for you to prove that you don't.

[CleverClogs]

Re: Lowell - Very Scared - Please Help

It may be worthwhile to repeat the oft-stated warning not to sign one's name when writing to a DCA, as it has not been unknown for them to "get creative" by scanning a letter, copying the signature and pasting that signature into a reconstituted agreement!

(That this came to light at all was solely through that - nameless - DCA's ineptitude, as the letter they had used had been written and signed by an advisor at a Citizens' Advice Bureau, of behalf of a client on whose "reconstructed" agreement that signature subsequently appeared. Oops! )

Some DCAs will try to play at Silly Buggers if letters only bear a printed name, so it might be a good idea to download a handwriting font and use that to print one's "signature" in a different colour of ink.

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Thanks again guys. So do i send the DCA request to Lowells or to Barclaycard and where do i get the template?

[Caspar]

Re: Lowell - Very Scared - Please Help

Unless I'm misunderstanding things, nobody is suggesting you send another request. You've already sent one, they have not provided what you ask for. They cannot assign something which they can't prove even exists, so the assignment is invalid so you really have nothing more to say to them until such time as they respond to your CCA request. It is not your job to chase them up!