Lowell - Very Scared - Please Help

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Sorry, just to clarify I did receive the documentation but it was all unsigned. Should i make Lowells aware of this? Or should i make B/Card aware that they have assigned a debt illegally?

[Guest]

Re: Lowell - Very Scared - Please Help

Hi

A copy request does not have to be signed to be compliant.

Do you have the notice of assignment. Could you place it on here or copy the exact wording.
Have you ever recieved a default notice?

Peter

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Hi Peter,

I did receive a notice of assignment and dully ripped it up and binned it although i do not recall getting a default (it is quite possible i did). I certainly do not have a CCJ on that account.

Does this all mean i havent got a leg to stand on? I was under the impression the CCA copy was to be signed to be sufficient proof.

Can you please clarify as i am receiving mixed messages.

What is my best course of action.

Thank you

[Guest]

Re: Lowell - Very Scared - Please Help

HI
I think you need to find out exactly what is going on with this account.
The CCA request will only supply you with information about the account which should be the same as when you signed the agreement. It does not have to be an exact copy of that agreement nor does it have to be signed.
It should not be taken to either prove or disprove the existence a properly executed agreement.
If you think they may have an agreement you should send them an SAR there is information about these on this site.
It may be that only the debt was assigned and the agreement remained with the OC, in other words all Lowell’s are doing is acting as a debt collector for Barclays
or it may be that Barclays have sold and assigned the whole account to Lowell’s if this is the case Barclays would have had to issue a default notice and terminated first, otherwise Lowell’s would not be able to enforce the agreement in court.
If Lowell’s only have an assignment of the equity they cannot take you to court they have to pass your account back to the OC (Barclays).
In either case in order to enforce the agreement in court they have to have some kind of signed document. They have to prove not only that you took the loan but that you were aware of the terms that you were agreeing to.
Peter

[abcdefg123]

Re: Lowell - Very Scared - Please Help

Thanks, so what do you think ought to be my next step?

[littlevixen]

Re: Lowell - Very Scared - Please Help

Hi
If you are being hassled by Lowell you should make a formal complaint to your local M.P. You can either write to them or find out when/where they hold a surgery so you can speak to them in person and take along any threatening letters you have received from Lowell. This so called company are acting unlawfully and it is time their licence was revoked.

[ncf355]

Re: Lowell - Very Scared - Please Help

My 2p -

They have failed to provide a copy of the actual signed agreement, so good chance they dont have it, acccordingly it cant be enforced at court

You have already stated you cant afford to pay anything anway

So ignore any letters they send, just file them away for reference, and DONT answer any calls from them (if you answer one by mistake and realise its them HANG UP)

Lowells have no right to come calling (this would be trespass and you can just tell them politely to go away) - the only way they could force this debt is through a court, which cant happend without a SIGNED agreement

FWIW I currently have 3 debts similar to this and have an Amazonian rainforests worth of empty threats from various DCA's, including Lowells - not one has seen fit to visit (and thats in about 6 years)

[abcdefg123]

Re: Lowell - Very Scared - Please Help

I really appreciate that. Incidentally, how can i find out if they do indeed posses a true signed credit agreement?

[ncf355]

Re: Lowell - Very Scared - Please Help

I really appreciate that. Incidentally, how can i find out if they do indeed posses a true signed credit agreement?

A Subject Access Request (SAR) to Barclaycard would seem in order here -



Your name

Yours Address



Their name
Their address


REQUEST UNDER SECTION 7, DATA PROTECTION ACT 1998



Dear Sir/Madam,


Barclaycard account number XXXX XXXX XXXX XXXX


I refer to the above account and wish to make a request for data under Section 7 of the Data Protection Act, 1998



I enclose a cheque for £10, being the maximum payable for such a request –


Please send -

1) A copy of any credit agreements relating to the above account and any terms and conditions referred to therein (together with any changes made to those Terms and Conditions's during the life of the agreement and the date upon which such changes took force)

2) A copy of any applicable insurance policies integral or external to the credit agreement detailed above and their full terms and conditions (together with any changes made to those Terms and Condition's during the life of the agreement and the date upon which they took effect)

3) Copies of any and all communications between Barclaycard and myself (be that via email, telephone, fax or another communication medium)

4) Copies of any screen notes made by your employees (or third parties) on your system with regards to the above account

5) Copies of any and all communications between you and and any third party with regard to the above account (be that via email, telephone, fax or another communication medium)

5) Details of any and all transaction (credits and debits) made for the entire duration of the account

6) Any and all other data held by you on my account or person in any form, where this data has not been detailed in the above

I require that the requested information be sent to us within the statutory time limit of 40 days and that, should you have any issue with supplying such data, you notify me of this by return of post.

Yours faithfully

As suggested above - use a printed signature font, DONT sign

Mr/Mrs X



_______________________________





Due to the way the above request is constructed they should supply everything they have regards the account

[Scott0409]

Re: Lowell - Very Scared - Please Help

:tinysmile_kiss_t4: You need to contact, your local citizens advice centre. You do not need to be in despair, collection agency, accept what you can offer realistically you need to consolidate all debts and assess what you can afford each week.

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 appreciated. 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

[ncf355]

Re: Lowell - Very Scared - Please Help

Also,

when did the card agreement start?


Did it have PPI insurance on it?

Did it have any charges for late payment fees, overlimit fees, etc?
------------------------------- merged -------------------------------
Also, please ignore Scott0409 above - I notice that is his first post and he has only just joined - a little odd that he's encouraging you to make a payment to the DCA on his first post!

:tinysmile_hmm_t2:

In a lot of peoples experience Citizens Advice have proved to be about as much use as a chocolate fireguard - there is far more collective knowledge here than you will find at a local CAB

[abcdefg123]

Re: Lowell - Very Scared - Please Help

I already did this and they sent me a copy of the agreement and T's and C's - UNSIGNED!!
------------------------------- merged -------------------------------
It was alleged to have started about 12 years ago and it had many late charges but no PPI.

I thought the late charges were an irrelevance now.

[CleverClogs]

Re: Lowell - Very Scared - Please Help

Also, please ignore Scott0409 above - I notice that is his first post and he has only just joined - a little odd that he's encouraging you to make a payment to the DCA on his first post!

Perhaps. He may have come here from Money Squandering Experts and has not yet recovered from their ethos.

In a lot of peoples experience Citizens Advice have proved to be about as much use as a chocolate fireguard - there is far more collective knowledge here than you will find at a local CAB

I'd not say that even the worst CAB was as much use as a chocolate fire-guard, as chocolate is usually edible.

[mr.ton]

Re: Lowell - Very Scared - Please Help

The CAB & the CCCS are for people who havent got a clue what their real rights are.
Stick to forums like this for the advice that these wont give you.

[CleverClogs]

Re: Lowell - Very Scared - Please Help

I already did this and they sent me a copy of the agreement and T's and C's - UNSIGNED!!

Was that in response to a request under section 78 of the CCA or section 7 of the DPA?

It was alleged to have started about 12 years ago

When did you cease to acknowledge the alleged debt or make any payments towards it?

and it had many late charges but no PPI.

I thought the late charges were an irrelevance now.

Why?