Lowell / Barclaycard

[jet83]

Hi, I could do with some advice from you good people please. Basically I have had Lowells chasing me since October for a disputed barclaycard account. The account has been in dipute for just over three years now and during that time I have seen off various dca's but these lot are like a dog with a bone and I just can't shake them off. I have sent them a ''account in dispute'' letter and various other ones but now they sent this letter about two weeks ago which I don't know how to reply to, I like to nib these things in the bud before it goes to far so any suggestions would be very much appreciated. Heres the letter below cheers, jet


Dear Sir

Thank you for you recent enquiry regarding your Barclaycard account.

Your comments have been noted and after corresponding with the original creditor, we can confirm that we have reached an outcome regarding the matter.

Barclaycard have checked their records and advise that the time has now elapsed from when the original credit agreement was requested. They advise that you would need to submit a request under section 77/78 of the Consumer Credit Act 1974 whereby a fee of £1.00 would need to be paid in order to request the information.

We trust that this now resolves your query and look forward to hearing from to discuss repayment. If we have not contact from you in the next 14 days, your account will be transferred to our debt collection agent Lowell financial who will contact you regarding this account.

[Guest]

Re: Lowell / Barclaycard

Hi

Not very helpful maybe, but i would just ignore it.

If they contact you remind them that if they wish to enforce the burden is on them, why would you waste £1 on a document that proves nothing.

D

[alsagerman]

Re: Lowell / Barclaycard

Hi Jet83

1) Do you owe the money?

2) If yes then, dare i respectfully suggest, the sooner you set-up a repayment plan the sooner they'll get off your back.

3) If the answer a definate NO (I suspect this may be the answer judgeing from your post), then i suggest you inform them you consider their continued contact, when you've already pointed out that you do not owe them anything, could be construed as harassment, contrary to the CCA. etc etc etc.

4) If they tell you they will continue with their actions until you pay, ask them for their final response letter and proceed to the FOS for compensation.

[Guest]

Re: Lowell / Barclaycard

Hi Jet83

1) Do you owe the money?

2) If yes then, dare i respectfully suggest, the sooner you set-up a repayment plan the sooner they'll get off your back.

3) If the answer a definate NO (I suspect this may be the answer judgeing from your post), then i suggest you inform them you consider their continued contact, when you've already pointed out that you do not owe them anything, could be construed as harassment, contrary to the CCA. etc etc etc.

4) If they tell you they will continue with their actions until you pay, ask them for their final response letter and proceed to the FOS for compensation.

I suspect the issue here is enforceability rather than if the debt is owed, could be wrong of course

D

[jet83]

Re: Lowell / Barclaycard

Hi guys thanks for your replies. Yes davyb your are correct in thinking the issue is the enforceability, basically its something I kind of fell into when my small business started to struggle four years ago. Eventually i ran out of money, so as much I didn't want to I had to use my credit cards to pay bills and buy food as what money I did make went to pay the mortgage.

After searching the web I came accross CAG and sought after help there which I found and started taking control of my debts but unfortunately I wasn't keen on rout CAG started to go down so I came over hear. Although I'm not as bad off as I was then I have no spare money and I certainly don't trust the banks from both personal and business experiences.

Just one thing am I correct in thinking that there is no time limit on a CCA request as they suggest as I have never come across it before.

[Guest]

Re: Lowell / Barclaycard

If they comply with the request you cannot issue another one for 1 month. I don't know if this is what they are referring to.

D

[jet83]

Re: Lowell / Barclaycard

Ok thanks Davyb

[Guest]

Re: Lowell / Barclaycard

no probs

[jet83]

Re: Lowell / Barclaycard

Hi, on Saturday I received another letter from lowell's and since last week I have been receiving phone calls from them on a daily basis. Most of the time I don't bother answering to them but If I do, I just tell them to hang on and leave the phone on the side and carry on with what I was doing before they rudely interrupted me, sometimes they wait ages before finally hanging up

I would like to send them a letter but I'm a little unsure on what to send. I have already sent the account in dispute letter and also followed up with a fomal complaint letter but neither have worked!! Would maybe an edited version of the prove it letter be an idea to send as they now own the account and as has been said before the burden is on them to prove the debt is indeed enforceable.

Here's the latest letter below

Dear Mr .....

We want to help you clear the account
We still haven't agreed a repayment plan for the outstanding balance you have with us.

The longer you leave getting in touch or paying off the balance, the more you risk further action being taken against you including legal action. We may also ask one of our agents to arrange a time to visit you at home to discuss your account and repayment of your debt if we don't hear from you. So please phone us on 0844....... as soon as possible. And then carries on with '' The simplest way to pay'' and '' Call us straight away drivel.

Just to give a bit of history to this account back February 2009 I made a CCA 1974 request to barclaycard, eventually they supplied me with just three pages of what looked to be the current t&c's and a photo copy of a credit agreement with non of my details on it what so ever, no name, address, date, signatures, nothing so the account went into dispute. then in November 2010 Westcot acting on behalf of barclaycard supplied an application form with my name, address signature and date on it but did not contain any of the prescribed terms within the four corners of the form.
I have been recently looking through the file which is quite large now:tinysmile_hmm_t2: and noticed that the account numbers don't quite match up. For what ever reason when barclaycard sent me a notice of assignment when they sold the account to lowell's they missed out 4 of the 16 numbers on account number and lowells have carried on with this number in all of their correspondence sent to me. Could this be used against them???

many thanks, jet

[Angry Cat]

Re: Lowell / Barclaycard

jet83,
in which year did you make the application for credit with BC?
did apply for payment protection insurance?
Lastly, when did you receive your first Lowell communication?

[jet83]

Re: Lowell / Barclaycard

jet83,
in which year did you make the application for credit with BC?
did apply for payment protection insurance?
Lastly, when did you receive your first Lowell communication?

Hi Angry Cat
The year on the application mentioned in my previous post is 1995.
I can't remember if I did or did not apply for ppi but there is nothing detailed on the statements regarding it.
The first 'welcome' letter I received from lowells was in September last year.

[jet83]

Re: Lowell / Barclaycard

Hi,
Well after having numerous phone calls from lowell's since my last post (which when I answer they hang up on me straight away:mmph they have kindly offered me the following:

1. Pay 75% of your balance, which is £...... as a full and final settlement; or
2. Pay 85% in 3 equal payments of £..... over the next three months as a full and final settlement; or
3. Agree a repayment plan of £.. a month by direct debit until you have cleared the outstanding balance.

I think I'll ignor this letter and wait to see what they'll send me in a couple weeks time, back to their normal threatening ways no doubt!!!

[Guest]

Re: Lowell / Barclaycard

I think you are probably very wise.
D

[jet83]

Re: Lowell / Barclaycard

I think you are probably very wise.
D

I don't know about that D but thanks anyway

[bluebottle]

Re: Lowell / Barclaycard

They sound desperate. And it sounds like it could be unenforceable in some way. You could use Section 3, Protection from Harassment Act 1997 to curb the phone calls and the threats and Ferguson -v- British Gas Trading 2009 could come in very handy, too. I don't think Lowells would like to risk having to pay more than any alleged debt is worth in damages and costs and have a court injunction and judgement against them for harassment.

Alternatively, you could report Lowells to your local Trading Standards Department and the OFT's Credit Fitness Team by email at enquiries@oft.gsi.gov.uk. Make sure you put the words CREDIT FITNESS in the subject box of your email. The information you need to provide about Lowells is their registered name which is Lowell Group and their Company Registration Number (CRN) which is 06527689. If Lowells have peed the OFT off or the OFT have received a number of complaints about Lowells, this can have an effect on the renewal of their licence under the Consumer Credit Act 1974-2006. In some cases, it can result in a licence being revoked. In the case of a company like Lowells, this would be disastrous. They would not be able to handle any debts at all.

I am attaching a copy of the OFT's Debt Collection Guidelines which you should read through and identify any breaches of the Guidelines that have occurred in your case and quote them in your email to the OFT's Credit Fitness Team.