Lowell / Barclaycard

[jet83]

Re: Lowell / Barclaycard

Hi all

Well after over 3 months Lowell's have sent me a copy of the application form which has no supporting documents, the same one I have previously received from Westcot Credit Services Ltd and Barclaycard themselves from an SAR before them. It has my address details, signature and date on it but none of the prescribed terms within the four corners of the document. The latest letter reads as follows.

Dear Mr.....

We write in respect of the above debt, which, as previously notified in writing we have purchased from Barclaycard.

We are now entitled to receive payment of the balance of £..... from you and enclose a copy of your agreement as resquested. Neither Barclaycard nor ourselves are aware of any reason for non payment.

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal procedings against you without further notice.

[shell]

Re: Lowell / Barclaycard

Jet, send them a letter asking when an application form became a CCA. I've been dealing with these muppets for over 5 years now, also a Barclaycard debt. Have never received a CCA, also received an application form. The debt has now been statute barred for 15 months and they have just (allegedly) sold the debt to another mob called Lucas Credit Services who have sent me a letter threatening to send a debt collector to my door. I'm waiting with bated breath. Oh the day after I got the Lucas threatogram I received anoffer from Barclaycard to take out a new credit card. The mind boggles.

[jet83]

Re: Lowell / Barclaycard

Hi shell thanks for that Lowell's really are persistant so and so's aren't they! I thought Cabot were bad when I when I had them chasing me a few years ago but these lot take the biscuit. I was going to say I can't believe Lowell's have sold a 15 month SB debt to another DCA but actually I can and it says it all really how this company go about their business and as for Barclaycard offering you a new cc after your dispute with them, unbelievable.

[jet83]

Re: Lowell / Barclaycard

Hi all

Well after I received the last letter from Lowell's which enclosed the application form dating back to 1995 I followed teaboy2 earlier advice from his post # 27 on this thread. I sent Lowell's a letter on 17th December informing them that they had not sent a legally certified true copy of the original credit agreement and at the same time I made request under the Consumer Protection from Unfair Trading Regulations 2008 for them to confirm YES or NO whether they have in their possession a true copy of the original signed consumer credit agreement. I also then gave them 14 days to reply to my request and if they failed to do so they would be under formal legal notice to cease and desist.

Today I had their reply which came as pleasent surprise, it reads as follows:

Dear Mr jet

I have been passed your letter of 17th December to deal with in my capacity in the Complaint Resolution team. I am sorry for the delay in responding and for the fact you have to contact us to resolve this issue.

Your Complaint
You have stated that you have not been provided with conclusive evidence of this debt in paticular an original signed agreement.

Resolution
Having reviewed what has been written previously, I can confirm that I have taken the decision to write the balance of this account off in order to move this matter foward. I must advise that this is done as a goodwill gesture with no admittance of liability.

When Lowell purchases an account from Barclaycard, it is in good faith and on the basis of being valid and collectable. We believe this to be the case with this account.

Whilst I would point out that we were informed this account was opened in 1995, I would also advise that the judgement from the case of HSBC v Carey ruled that ''a signed agreement does not have to be supplied as a reconstructed copy of the original will be sufficient''. Nevertheless, I have still arranged for the closure of the account. This will not be returned or sold on for further pursuit.

I am sorry for the inconvenience this may have caused and I hope that this response concludes the matter to your satisfaction. The Lowell Group of companies is commited to resolving complaints in a fair and consistent manner and I hope you have found this to be the case.

I believe I have fully answered your complaint, however if you would like to discuss things further please do not hesitate to contact me on the details below. If I do not hear from you in the next couple of weeks, I will consider the matter closed, but this does not prevent youy from coming back to us after this time.

The Financial Ombudsman Service (FOS) provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter and the enclosed 'your complaint and the ombudsman leaflet' provides further information. Naturally we hope that you will not feel the need to do so.

Yours sincerely


I would just like to thank everyone from this fantastic site who have helped me with this dispute as I couldn't have done without you. You really do do a brilliant job at helping people who are at their wits end financially. I must also thank them from over the road who also helped me greatly at the start of this dispute with barclaycard back in 2009 before sadly they went the way the did.

Thanks again, jet

[FlamingParrot]

Re: Lowell / Barclaycard

WOW! That's really is EXCELLENT NEWS!!!

WELL DONE!

[jet83]

Re: Lowell / Barclaycard

Thanks flamingparrot (cool name by the way) It's been a long road but I finally got there and its one less thing worry about!!

[FlamingParrot]

Re: Lowell / Barclaycard

Barcraps are notoriously bad at finding agreements, apparently they sent them over to Iron Mountain to archive them, never to be seen again! :dance:

[Roy Clayton]

Re: Lowell / Barclaycard

Well done Jet 83 for standing up and being counted. Need more people of your resolve. I wonder if there is anyone who feels that Lowell managed in their commitment to resolving complaints fairly?? I would wager there are not many agreements locked away in Lowell's vaults just lots of floppy discs with account numbers and little else. It also seems to be a standard for Lowell to apologise for delays. I also agree lots of very good advice on this site.

[jet83]

Re: Lowell / Barclaycard

Hi Roy Clayton thank you for your kind words, how is your fight against Lowell's going?

[FlamingParrot]

Re: Lowell / Barclaycard

Well done Jet 83 for standing up and being counted. Need more people of your resolve. I wonder if there is anyone who feels that Lowell managed in their commitment to resolving complaints fairly?? I would wager there are not many agreements locked away in Lowell's vaults just lots of floppy discs with account numbers and little else. It also seems to be a standard for Lowell to apologise for delays. I also agree lots of very good advice on this site.

Debt purchasers like the Leeds Losers buy debts in bulk without any paperwork. The Lowlifes have had to write off quite a number of debts when challenged due to inability to obtain any documents. They are also fond of SDs and BR petitions! :rant:

[Roy Clayton]

Re: Lowell / Barclaycard

Like yourself I stuck to my guns and came out ahead albeit I had to appeal to get a perceptive judge. Lowell have settled up and the matter was ended. I was suprised to hear from the ICO again as I had pretty much given up on them bringing Lowell to account. They say they have passed my case to another department dealing with more complex cases. See what happens. The Judge did suggest I gave Lowell too many opportunities to produce information. I just found them so obstructive.

[jet83]

Re: Lowell / Barclaycard

Well done RC, Hopefully the ICO will punish Lowell's over their actions but I wouldn't hold your breath if I were you. The OFT seem to be taking complaints aganist dca's more seriously all be it slow to take action, just need more people to complain I guess for something to happen. As for FOS, the less said about them the better.