Lowells/Barclaycard

[charitynjw]

Re: Lowells/Barclaycard

During the present economic climate the DCAs must be getting it tight. Do I buy food or do I pay some pre pubescent Bullyboy in a DCA so he can earn commission to buy his alcopops and hair gel.

Its a no brainer

[blackrock]

Re: Lowells/Barclaycard

During the present economic climate the DCAs must be getting it tight. Do I buy food or do I pay some pre pubescent Bullyboy in a DCA so he can earn commission to buy his alcopops and hair gel.

Its a no brainer

Seriously, faking a bank letter to obtain money by deception should be an issue! imagine if any of us here did this, plod would be around in a microsecond! What the hell are the regulatory bodies doing allowing this to continue? I fully realise I'm wasting my time but will complain to TS via Consumer Direct, also the FOS.

[charitynjw]

Re: Lowells/Barclaycard

Purloined from otr - http://www.consumeractiongroup.co.uk...t-aside./page6 post #103

(Saw it here first- http://books.google.co.uk/books?id=u...d%20of&f=false
But couldn't copy/paste)(From page 174)

"Notice of the assignment must be given to the debtor, and this must be in writing.
It does not have to come from the assignor, as long as it arrives prior to the attempt to
enforce the contract by the assignee.[122] The notice may, therefore, be given by the
assignee.
If an assignment is not effective under s 136, it may still take effect as an equitable
assignment".

[122] Walker v Bradford Old Bank (1884) 12 QBD 511; Holt v Heatherfield Trust Ltd [1942] 2 KB 1; [1942] 1 All
ER 404; Compania Colombiana de Seguros v Pacific Steam Navigation Co [1965] 1 QB 101.

Source:-
THE MODERN LAW
OF CONTRACT
Fifth edition
Professor Richard Stone, LLB, LLM

Though it is difficult to lay ones hands upon I think the Compania Colombiana de Seguros v Pacific Steam Navigation Co [1965] 1 QB 101 case law is the one which can prove fatal to the claimant who fails to notify the assignment prior to the commencement of proceedings.

[rizel23]

Re: Lowells/Barclaycard

Well its looks like Debt Managers of Edinburgh are acting on Lowells behalf now.

Funny thing is i have a letter from someone senior at them from back in May 2010 confirming that the then owned Barclay's account sourced out to them for collection was being handed back to Barclaycard as they could not locate a CCA.

Might photocopy it and send it back to them, if i can be arsed before the postal prices go up.

The whole industry is a mess. Lowells offered 50% off the alleged debt and they recived no reply, why on earth would i decided to had over 100% of the alleged debt to debt managers just a few months later?!?!?!

[teaboy2]

Re: Lowells/Barclaycard

Purloined from otr - http://www.consumeractiongroup.co.uk...t-aside./page6 post #103

(Saw it here first- http://books.google.co.uk/books?id=u...d%20of&f=false
But couldn't copy/paste)(From page 174)

"Notice of the assignment must be given to the debtor, and this must be in writing.
It does not have to come from the assignor, as long as it arrives prior to the attempt to
enforce the contract by the assignee.[122] The notice may, therefore, be given by the
assignee.
If an assignment is not effective under s 136, it may still take effect as an equitable
assignment".

[122] Walker v Bradford Old Bank (1884) 12 QBD 511; Holt v Heatherfield Trust Ltd [1942] 2 KB 1; [1942] 1 All
ER 404; Compania Colombiana de Seguros v Pacific Steam Navigation Co [1965] 1 QB 101.

Source:-
THE MODERN LAW
OF CONTRACT
Fifth edition
Professor Richard Stone, LLB, LLM

Though it is difficult to lay ones hands upon I think the Compania Colombiana de Seguros v Pacific Steam Navigation Co [1965] 1 QB 101 case law is the one which can prove fatal to the claimant who fails to notify the assignment prior to the commencement of proceedings.

Well there buggered if they send the assignment with a payment demand both landing on the same day or even in the same envelope, as then they would have to prove you read the assignment first before reading their letter attempting to enforce by demanding payment lol

[rizel23]

Re: Lowells/Barclaycard

Well it appears i seem to have started quite a stir over on MSE in regards to a mortgage application and defaults;

http://forums.moneysavingexpert.com/....php?t=3953151

I think now would be a good time to get these defaults removed on grounds of technical errors as this and the other 2 are clearly not valid.

Would I be best to start with the OFT or ICO or send to both?

Thanks

[rizel23]

Re: Lowells/Barclaycard

Well an interesting development.

On 12 May 2012 (yes over 3 months ago) i wrote to Barclaycard requesting;

"After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

To adhere to the legitimacy of this I therefore please require;.

1. You supply me with a true copy of the alleged agreement you refer this default to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 9826 9365 1073 7075 2921.

2. You must supply me with a signed true and certified copy of the original default notice apparently issued to me.

3. Any deed/notice of assignment if the debt was sold on.

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. I also request all correspondences in writing only."



They have finally replied, please note the last paragraph of the second link; (also included was a load of photocopys of some T&Cs i have no recollection of, but expected that


http://i46.tinypic.com/nuv5t.jpg
http://i48.tinypic.com/1fk3h5.jpg

So if no Deed/Notice of Assignment was required or ever sent to me then whats this?

http://i49.tinypic.com/jfyctd.jpg

Can anyone recommend best way to proceed? Its been 3 months since my request of documentation said Default was made Barclaycard and now there basically lying to me or extremely badly informed.

Thanks

[ODC]

Re: Lowells/Barclaycard

Like a lot of people you are mixing up a notice of assignment with a deed of assignment. They have fulfilled their obligations in that respect. The deed is the legal agreement which is between the Leeds Losers and Sharkleycard. Its a commercial document which ourlines what the grredy dca scum paid to buy peoples alleged debt

[rizel23]

Re: Lowells/Barclaycard

Like a lot of people you are mixing up a notice of assignment with a deed of assignment. They have fulfilled their obligations in that respect. The deed is the legal agreement which is between the Leeds Losers and Sharkleycard. Its a commercial document which ourlines what the grredy dca scum paid to buy peoples alleged debt

thanks but i requested a copy of the Notice of Assignment in my original request and they have ignored. They also request that the full balance is payable now, yet if you see my attached document the Notice of Assignment is to Lowells and i have another letter from Lowells stating they own said account, so why are Barclaycard requesting full payment on account when the alleged debt is no longer legally there's?

[rizel23]

Re: Lowells/Barclaycard

I have sent Barclaycard a letter requesting a copy of said Default Notice and a copy of the Notice of assignment allow 28 days before i make an official complaint to the financial obmuns service to to lack of documents Barclaycard have provided

Barclaycard have apparently sent a Notice of Assignment today (12/10/2012) including with this was a 'Introducing Lowells" letter, so is this notice of assignment from Lowells or Barclaycard? Its got Barclaycard logos but signed printed 'on behalf of Barclays Bank PLC but included in the same envelop tellng me i need to now pay Lowells the alleged balance, apparently.

This is all in the space of 2 months since August 14th Barclaycard have have stated that alleged debt had not been sold! (see above letter)

[rizel23]

Re: Lowells/Barclaycard

Is Barclaycard allowed to sell this allged debt to a DCA without a fully vaild CCA avilable? On two occasions they have send reconstructions of an agreement, so i'm in the position now that they have not been able to provice me with a copy of the Default Notice and i will make a request under Consumer Protection From Unfair Trading Regulations (CPUTR) 2008 for confirmation of a CCA or not before taking my complaint further.

[miliitant]

Re: Lowells/Barclaycard

may i ask when was the account with barclayshark taken out

[rizel23]

Re: Lowells/Barclaycard

may i ask when was the account with barclayshark taken out

Off the top of my head it must have been 2003 i think, can confirm later.

[miliitant]

Re: Lowells/Barclaycard

well then, as the account is before 2005, barclayshark have to send you the original agreement, not a reconstructed one with the original t&c

if the perscribed terms are misstated, the original agreement cannot be enforced

best they are reminded of that

same goes for lowell if they want to enforce this account in court

[miliitant]

Re: Lowells/Barclaycard

http://www.legalbeagles.info/forums/...4&d=1349195034

http://www.legalbeagles.info/forums/...5&d=1349195055