Moneyhelp Vs Barclaycard **WON**

[maxine989]

Here's afew snippets of info for you... maybe give you a bigger picture of Lowells:

Lowell Financial
Po Box 172
Leeds
UK
LS11 9WS

http://www.consumeractiongroup.co.uk...se-lowell.html


I am just trying to find a phone number for them...

[maxine989]

Ah ha... got it:

Lowell Financial Ltd

telephone - 0845 300 9416
fax - 0845 300 9411
email - post@lowellgroup.co.uk

If you have no joy asking Barclaycard to confirm the transfer of your debt... maybe it will be worth giving Lowells a call too?

You also need to find out if they have added their fees or any additional charges to your the amount you still owe Barclaycard.

It might all seem a bit confusing, but I would just take one thing at a time. The first thing you need to clarify is if the debt has been trasfered from barclaycard to Lowells... then you can try and retrieve the data regarding this.

[moneyhelp]

Thank you so much Maxine, what would we do without you here :o

Ok- so Lindsay Hilton has just called me and said she has passed my file onto a Mathew Thompson as this is not here department (I sense I am being given the run around here) I have got his number to call tomorrow.

I asked her why I have these CHRGOFF fees, she explained that my debt has been sold off and no longer with Barclaycard - I also asked her why I have not been told this and no one had contacted me - she apologized and said I should have heard from someone by now * no **** Sherlock* I also wanted to know why I am paying them instead of debt company and who they are - she cannot answer that as it is not her department.

I am fuming that they sold off my debt 3 months ago without telling me - she asked me if I was going to cancel the court claim, I said I would seek advice first before I did anything.

I will say to them about not having this info on my statements when I call Mathew tomorrow - he had better have a good explanation to all this.

* Stay calm - stay calm - stay calm - stay calm *

[moneyhelp]

I know I'm being a pain in the backside - but...


Would it be to my advantage if I did not contact Barclaycard anymore, what I mean is, why should I be chasing them up for info that should have been on my Subject Access Request?
Also is there anything I can do to make all this as difficult for them as they have for me?
My N1 was deemed served 12th July they have until 26th July to reply, can I then tell the court that Barclaycard have ' lied' to me about the info on my Subject Access Request?

I would appreciate any advice anyone can offer on this, as it is all new to me.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[rory32]

The fact that they have sold your debt does not effect the court claim. They legally still need to hold all the information on your account up until it was sold.

[rory32]

If they have sold your debt and have been taking money from you after the debt has been sold you should request this money back as they no longer have any entitlement to it.

[moneyhelp]

Originally Posted by rory32

The fact that they have sold your debt does not effect the court claim. They legally still need to hold all the information on your account up until it was sold.

So this information should have been on my statements?

Is there anything I can do now - I am not happy about this atall . I have had NO notification of them selling this debt.

Where do I go from here? what do I do about about my N1?

I have so many questions.

[rory32]

So this information should have been on my statements?

Yes. Normally they put on the statement charged of amount and charged off interest and a balance of £0.

I have had NO notification of them selling this debt.

They usually don't give you notice, but for a DCA to even begin to chase the debt they need to send you a legally valid Notice of Assignment.

Where do I go from here? what do I do about about my N1?

I'll have to read through your thread properly (as I've only skimmed through it so far) and have a think about it. Will get back to you tomorrow if someone doesn't beat me to it.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[moneyhelp]

Ok - thanks for that Rory

[Mamie]

Moneyhelp can I ask if they have sold your debt to a DCA who do you claim the unlawful charges back from, Barclaycard or the DCA

rae

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[moneyhelp]

Good question - I have no idea!

[Mamie]

I ask as my son was made an offer that he accepted today Barclaycard told him to get in touch with Roxburgh a DCA. Problem is it was HFO who held the debt when I started this claim for him. I am waiting for an aswer from someone. My thread is about 3 under you in the forum.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[rory32]

It's very simple you claim the charges back from the company that applied them. So any charges the OC applied you claim back from them, if the DCA has applied any further charges to the account you claim those back from the DCA.

	Debt collection library Follow this link to our debt collection library. This library contains templates and advice for dealing with debt collectors who act oppressively or unfairly. This library is work in progress and will be built up over the next few weeks. 17.03.09

[sea-sidelady]

As Rory says, you still need to claim back from Barclays.

[maxine989]

How are you feeling regarding all this now money help? Do you have a better understanding of what has been going on with your account?

[moneyhelp]

Yes I think so Maxine

I am picking SSL's brains as well

I am going to wait until Monday then send off my prelim and cancel my N1 I had for my statements, as I have them all now.

Gosh I'm begining to wish I had never started this.

I do have one question though - reagrding my monthly re payments, I have a paying in book I use from Barclaycard - who do I pay now?

[rory32]

who do I pay now?

You don't have to pay anyone until Lowells contact you with a valid Notice of Assignment. It won't be valid as the amount will include bank charges. Also ensure that when your charges are returned they are paid to you and not to Lowells. Lowells will have paid somewhere around 10 to 20% for the debt.

Once you work out the charges on the account and Barclaycard receive your initial letter asking for the charges back the account is placed in dispute. A creditor is not lawfully permitted to take any action against an account while it remains in dispute. This includes demanding payment, adding any interest or charges, registering any information in respect of the account with any of the CRA's, issuing a default notice, passing the account to a third party.

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

	Credit Report Click link to open in new window.

[moneyhelp]

Thank you so much Rory - I understand that now

[Oniket]

Originally Posted by moneyhelp

Have just written up my request for all my charges and will send today along with £10 by recorded delivery.
Used this address:
Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

Need your help

After talking to Barclaycard CSD Mr. Kunal advised me to send letter to with £10 cheque to the following address:

1. Data Protection Team
Dept-LRC
Barclaycard
Northampton NN4 7SG

On this site I have found 2 addressess one is posted by Maxine that was:
Here's the main guy for getting hold of your statements:
I quote below what was posted by Maxi moomaxine989 vbmenu_register("postmenu _900566", true); )

If you email him he does ususally respond the same day.

It might help speed things up for you... you never know.

Maxine

__________________
Maxi moo


Adrian Ruffhead
Barclays Legal & Compliance
Litigation & Disputes
Level 29
One Church Place
London
E14 5HP

email: adrian.ruffhead@barclays. com

Other one by Moneyhelp:

Have just written up my request for all my charges and will send today along with £10 by recorded delivery.
Used this address:
Barclaycard
1234 Pavilion Drive
Northampton
NN4 7SG

I am confused:
1. where to send my refund of charges letter.
2. I have two cards (VISA & Master) how much do I have pay for my old statements for those two accounts £10 or £20.

Please advise me. Your advise will help me to claim back my charges I will update with my outcome dealing with them.
If you feel like you can send me email : sysakaza@aol.com

[moneyhelp]

Hi and welcome.

I was advised to use Northampton address, but I am sure they will be directed to the right place.

Regarding your Subject Access Request fees - if they are both with Barclays then one £10 cheque will do. Add both account numbers to your Subject Access Request letter.

It would be advisable to start your own thread too, that way others can track your progress and offer help and advice.

Hope this helps - good luck!

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.