lowell,red and arrow global...advice needed...please..

[playful38]

hi, not sure if i'm following correct protocol in asking this on this forum...but I am currently getting letters from Lowell/red and drysdenfairfax regarding Barclaycard and a capital one card.....none of which I have held since 2008....I was made redundant at this time and wasn't able to make payment.....haven't heard anything from either until recently when I started getting letters from the above companies....as yet I have just ignored them but the letters are becoming more and more frequent and ive started to get phone calls too.any advice would be greatly appreciated...
thanks in advance...

[Kafka]

Re: lowell,red and arrow global...advice needed...please..

As you haven't had legal action started yet, the obvious thing to do is to send a Subject Access Request to both BC and Cap1 to obtain all of the personal data they hold on you. That will reveal when you last paid or acknowledged (they sound statute barred), as well the default and assignment processes. £10 for each, but it will be money well spent and you will then be fore-armed with everything you need to know to face them off or to deal with any claim they file.

[playful38]

Re: lowell,red and arrow global...advice needed...please..

As you haven't had legal action started yet, the obvious thing to do is to send a Subject Access Request to both BC and Cap1 to obtain all of the personal data they hold on you. That will reveal when you last paid or acknowledged (they sound statute barred), as well the default and assignment processes. £10 for each, but it will be money well spent and you will then be fore-armed with everything you need to know to face them off or to deal with any claim they file.

Thank you for your advice..what is a subject access request?..sorry..my laptops down so can't browse the site properly..:-(.

[Kati]

Re: lowell,red and arrow global...advice needed...please..

Thank you for your advice..what is a subject access request?..sorry..my laptops down so can't browse the site properly..:-(.

http://ico.org.uk/for_the_public/personal_information

Can I access my personal information?

You have the right to get a copy of the information that is held about you. This is known as a subject access request.
This right of subject access means that you can make a request under the Data Protection Act to any organisation processing your personal data. The Act calls these organisations ‘data controllers’.
You can ask the organisation you think is holding, using or sharing the personal information you want, to supply you with copies of both paper and computer records and related information.
Organisations may charge a fee of up to £10 (£2 if it is a request to a credit reference agency for information about your financial standing only).

How do I make a request?

To make a subject access request, follow these steps:
1) Plan ahead

It will save you time if you do the following before writing your request:

• Find out the right department and the right person to send the request to. Calling an organisation’s helpline or checking their privacy notice or policy on their website may help you find this out.
• Check about the costs and fees in advance.
• Make sure you know all the information you need. Organisations are entitled to charge a fee for every request, so you may have to pay another fee to get information you have not included in your original request.

2) Write to the organisation

When requesting your personal information from an organisation, you should include the following information:

• your full name, address and contact telephone number;
• any information used by the organisation to identify or distinguish you from others of the same name (account numbers, unique ID's etc);
• details of the specific information you require and any relevant dates, for example:
  - your personnel file;
  - emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11);
  - your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital;
  - CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm;
  - copies of statements (between 2006 & 2009) held in account number xxxxx .

It may also be helpful to include:

• a reference to the 40-day deadline that applies when dealing with requests to provide personal information;
• a reference to the Data Protection Act 1998 and subject access requests; and
• reference to the assistance that the Information Commissioner’s Office can provide.

You also have the right to ask about any logic involved in any automated decisions made about you.
Alternatively, you may wish to use the template below:

template letter:

[Your full address] [Phone number] [The date] [Name and address of the organisation] Dear Sir or Madam Subject access request [Your full name and address and any other details to help identify you and the information you want.] Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to: [give specific details of the information you want, for example your personnel file; emails between ‘A’ and ‘B’ (between 1/6/11 and 1/9/11); your medical records (between 2006 & 2009) held by Dr ‘C’ at ‘D’ hospital; CCTV camera situated at (‘E’ location) on 23/5/12 between 11am and 5pm; copies of statements (between 2006 & 2009) held in account number xxxxx).] If you need any more information from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days. If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk Yours faithfully [Signature]

send it recorded/signed for (costs less than £2) and save a copy for your records :tinysmile_twink_t2:

K x

[playful38]

Re: lowell,red and arrow global...advice needed...please..

http://ico.org.uk/for_the_public/personal_information


template letter:

send it recorded/signed for (costs less than £2) and save a copy for your records :tinysmile_twink_t2:

K x

Thank you so much for your advice..I shall do this as soon as I get access to my puter..and hopefully put an end to all this once and for all...you are a star...:-)...xx

[Kafka]

Re: lowell,red and arrow global...advice needed...please..

The SARs won't "put an end to it", but hopefully they will provide you with sufficient data to face them off by citing the Limitations Act.

[playful38]

Re: lowell,red and arrow global...advice needed...please..

The SARs won't "put an end to it", but hopefully they will provide you with sufficient data to face them off by citing the Limitations Act.

received a letter from county court today.....drysden Fairfax are taking court action against me.....do they have to prove they have the right to chase this debt up.....and also if I challenge as I believe the debt is statute barred...will they have to prove otherwise?....thanks in advance for any advice......ive sent for the sars but as yet have had no reply....but only sent off for them at the beginning of the week....:-(...

[Kafka]

Re: lowell,red and arrow global...advice needed...please..

received a letter from county court today.....drysden Fairfax are taking court action against me.....do they have to prove they have the right to chase this debt up.....and also if I challenge as I believe the debt is statute barred...will they have to prove otherwise?....thanks in advance for any advice......ive sent for the sars but as yet have had no reply....but only sent off for them at the beginning of the week....:-(...

If you plead that its statute barred then the onus is on them to prove its not, rather than you to prove it is. The problem often is that people did make payment they forgot about, in which case the SB defence collapses. It may be possible to challenge the enforceability of the agreements, but you haven't provided any real background or even said which card the court claim is for. The usual approach is to acknowledge the claim quickly, so that the 14 days for the defence stretches to 28 days. You should also send CCA and CPR requests to force their disclosure.

Its a pity you didn't send for the SARs last month, because there is 40 days to respond, so they may not arrive now before your defence has to be in. If you get them before any court action then you are forearmed with all the facts and can plan your defence much more easily.

[FlamingParrot]

Re: lowell,red and arrow global...advice needed...please..

received a letter from county court today.....drysden Fairfax are taking court action against me.....do they have to prove they have the right to chase this debt up.....

These are the steps to take upon receipt of a claim:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

and also if I challenge as I believe the debt is statute barred...will they have to prove otherwise?....thanks in advance for any advice......ive sent for the sars but as yet have had no reply....but only sent off for them at the beginning of the week....:-(...

They would have to prove that payments were made in the past 6 years. You can also request info about the date of last payment via a Part 18 request: http://www.legalbeagles.info/forums/...233#post388233

They should respond to that one in 14 days rather than 40 for the SAR. :thumb:

In order to help further it would be useful if you posted up the particulars of claim. :typing:

[playful38]

Re: lowell,red and arrow global...advice needed...please..

If you plead that its statute barred then the onus is on them to prove its not, rather than you to prove it is. The problem often is that people did make payment they forgot about, in which case the SB defence collapses. It may be possible to challenge the enforceability of the agreements, but you haven't provided any real background or even said which card the court claim is for. The usual approach is to acknowledge the claim quickly, so that the 14 days for the defence stretches to 28 days. You should also send CCA and CPR requests to force their disclosure.

Its a pity you didn't send for the SARs last month, because there is 40 days to respond, so they may not arrive now before your defence has to be in. If you get them before any court action then you are forearmed with all the facts and can plan your defence much more easily.

hi.....thanks again for your advice, it really is most appreciated. this is for a capital one card,and I am certain that no payments have been made on this card since mid 2008.its only recently that ive started to get letters about it.and these have been from arrow global and more recently drysden Fairfax, which to be honest I have just ignored. I shall just state that I believe this debt to be statute barred under the limitations act and see if they can prove different.thanks again for your advice..this site is a godsend for people who have to face situations like this.thank you very much...:-)

[playful38]

Re: lowell,red and arrow global...advice needed...please..

just looked up the cca and cpr requests....I shall be sending for them later today....many thanks once again for all your help...:-)

[playful38]

Re: lowell,red and arrow global...advice needed...please..

hi....more guidance needed please......I sent for the cpr and cca and these requests where signed for by drysdens and arrow on the 1st of December.....as yet I have received nothing from either.....I have sent this email to the court which I enclose and received the enclosed reply.....what do I do now as I feel that also the time as elapsed for drysdens to reply n prove that the debt isn't statute barred.....will the claim be struck out due to them not responding to my defence?

Dear sir/madam,

please find below a copy of a letter I sent requesting information and documents I need for my defence....I sent the letter recorded delivery and the letter was signed for on the 1st of December. since then I have received no correspondence on this matter and it is now the evening of the 15th of December. I would therefore like to apply for the proceedings to be struck out for non compliance on the claimants part.

yours sincerely

I enclosed the cpr latter after this paragragh.......then I received this reply from the court.....:

Good Afternoon

Thank you for your e mail.

If you wish to strike out the claim please complete N244 Application form attached giving your reasons. Please provide a fee of £50.00 cheque or postal order made payable to HMCTS. This will then be referred to a District Judge who may or may not grant your request.

I hope this assists.

Cathy Gamble
CCBC Administrative Officer

Northampton County Court Business Centre


I then replied with this....:
good afternoon.

I am quite sure the 28 days that the claimant had to respond to my defence as now elapsed too. so therefore the claim should be struck out now anyway, and any costs recovered from the claimant.

yours faithfully


any ideas where I now stand?.

all advice n guidance will be much appreciated....

thanks in advance.....

[playful38]

Re: lowell,red and arrow global...advice needed...please..

hi .....just called the court....and found out the judgement as been stayed...drysdens couldn't provide any documentation to prove my defence wrong......thank you for all your guidance and advice....very happy playful38.:-)

[nemesis45]

Re: lowell,red and arrow global...advice needed...please..

By the " judgement" has been stayed do you mean the claim has been stayed?
Is this to give the claimant more time to provide more evidence?

nem