Lowells/Barclaycard

[miliitant]

Re: Lowells/Barclaycard

reconstructed agreements are not all one way in favour of the creditor

as to HSBC V CAREY

that judgement made no mention about a reconstructed agreement being used as evidence in court

it was strictly limited to the debtor and creditor in dealing with a section 78 CCA request

that is all

Wilson clearly established that the court should not make an enforcement order unless there is a signed document containing the prescribed terms.

Pre 2005 agreements still have to contain ALL of the prescribed terms within the signature document to be compliant

in the HSBC V CAREY JUDGEMENT

in accepting any reconstructed agreement, if the agreement had been varied at any time, the creditor must provide a copy of the ORIGINAL AGREEMENT, as well as the varied terms

a copy of the perscribed terms are also to be provided at the time of opening the account

having no agreement does not stop the creditor from demanding payment or reporting to the credit agencies as to

McGuffic v RBS

all this judgement did was give the original creditor more time to locate a copy of the original agreement

A creditor would be ill advised to go into court with a reconstructed agreement, the debtor could demand to see the original as to CPR with reference to perscribed terms for example

[rizel23]

Re: Lowells/Barclaycard

miliitant, thanks so much for your time, i think i will gently remind them of that with my next letter. I have so far sent them 2 CCA requets and did a SAR couple of years back, so on 3 occasions they have failed to supply what was requested.

[miliitant]

Re: Lowells/Barclaycard

WITHOUT THE ORIGINAL

TOTALLY UNENFORCEABLE

WHAT YOU NEED TO DO IS SEND ANOTHER REQUEST FOR THE AGREEMENT UNDER CPUTR 2008



Dear Sirs
Account No/Reference No: XXXXXXXX

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

send recorded delivery

[winner12]

Re: Lowells/Barclaycard

Hi rizel23
Having problems with Lowlifelowells at the minute myself Im also not sure if the sold letter I received is fully cosha either and the cheeky so and so `s have asked me to send them £10 for info
Think they should have said SAR request and there is no way id send them the money my account was originally with Littlewoods then Barclays dated around 1997

[winner12]

Re: Lowells/Barclaycard

Hi militant
Does the letter you have used cost £1 for info or do you only send after the CCA request

[miliitant]

Re: Lowells/Barclaycard

no fee for CPUTR 2008

but send recorded delivery

the cputr letter can be sent at any time, post or before cca request

does not matter as cputr is totally seperate from a request under the cca 1974

[rizel23]

Re: Lowells/Barclaycard

Well its been 6 months now since i requested a copy of the alleged defualt notice Barclaycard/Lowells have placed on my creit file and they have still not responded with it.

It such time they have also sent another reconstructed CCA, told me they still owned said account when it was sold the Lowells on my credit file in July 2011 and igored explaing why they did this.

I shall be writing again this week with a CPUTR and then be forwarding all my documents to the FOS.

Thanks for everyone help so far.

[rizel23]

Re: Lowells/Barclaycard

Does this warrent a reply?

https://www.dropbox.com/s/ilupnwcgxk...%20slictor.jpg

[Celestine]

Re: Lowells/Barclaycard

Yes, I would write reminding them of their previous failures in providing documents provided and that any proceedings will be vigorously defended.

[rizel23]

Re: Lowells/Barclaycard

Yes, I would write reminding them of their previous failures in providing documents provided and that any proceedings will be vigorously defended.

thanks, I just don't know what would be best to quote. No CCA, faulty defualt notice and then Lowells demanding payments in full for over a year before Notice of Assiment was issued, mention them all or just one?

[CleverClogs]

Re: Lowells/Barclaycard

Lack of even a "twue copy" (as per Waksman J) should prevent judgement being obtained.

The letter from Bwyan Carter seems a bit odd, as it first suggests the debt is due to Lowells but then states that they are being instructed by Frederickson International Limited. Perhaps you should also ask Carters to make up their minds?

[rizel23]

Re: Lowells/Barclaycard

Lack of even a "twue copy" (as per Waksman J) should prevent judgement being obtained.

The letter from Bwyan Carter seems a bit odd, as it first suggests the debt is due to Lowells but then states that they are being instructed by Frederickson International Limited. Perhaps you should also ask Carters to make up their minds?

I shall, is'nt there a ruling about DCA's being unclear in attemping collections, as its clearly an area of confusion from the letter that has been provided, i might as well quote that as well! Should a be fun letter to compile!

[rizel23]

Re: Lowells/Barclaycard

I shall, is'nt there a ruling about DCA's being unclear in attemping collections, as its clearly an area of confusion from the letter that has been provided, i might as well quote that as well! Should a be fun letter to compile!

found it, i think its section 25(2)(d) of the Consumer Credit Act 1974 - anyone confirm?

Gonna hit them hard over the weekend, i shall be including a letter dated 2013 from Barclaycard confirming they are the legal owner of alleged debt and then a letter from Lowells in 2012 requesting full payment as they also claim they are the legal owner

I shall mention lack of enforeable CCA and faulty defult notice, but shall not explain why.

In regards to the above would now be a good oppunity to request the DN is removed?

[ODC]

Re: Lowells/Barclaycard

Lowells now 'own' Freds. They seem to be using them as their paramilitary wing now as Hampton Illegal were not scaring anybody. Mr carter is Freds pet solicitorr and they seem to have an unending supply of his notepaper. A word of warning about Bryan though. He is a coward who is very quick to go for a default judgement at Northampton but twice as quick to run away when challenged ALLEGEDLY

[rizel23]

Re: Lowells/Barclaycard

Lowells now 'own' Freds. They seem to be using them as their paramilitary wing now as Hampton Illegal were not scaring anybody. Mr carter is Freds pet solicitorr and they seem to have an unending supply of his notepaper. A word of warning about Bryan though. He is a coward who is very quick to go for a default judgement at Northampton but twice as quick to run away when challenged ALLEGEDLY

Thanks, but given the amount of evidence i have i'd happy contest any court action, but what is it with Northampton court?