Thread: Barclaycard bill from out of nowhere!

Hi Breez,

No. 1 has to be - don't call Lowell there's nothing to be gained by you doing this. Write to them and say you have SAR'd BC and are awaiting their reply and, in the meantime, you acknowledge no such debt. If they call you, tell them to write and hang up.

Are you aware of any such debt and have you considered sending CCA request to BC as well to see IF the debt can be enforced. Have a look here at letter N - http://www.consumeractiongroup.co.uk...templates.html

Also read here - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - and consider using one or more of these sections:-

2.6(a) re frequent contact

2.6.(h) ignoring your contention that debt is in dispute

2.8(i) failing to investigate/provide details (re missing info they still owe you)

2.8(k) not ceasing collection while investigating queried or disputed amount.

Take a look in the General Debt forum where there is loads of info, template letters and examples of how the DCA's behave.

Slick

Hi Breezy,

There's a specific phone harassment letter I forgot to mention. Check it out and use if appropriate - http://www.consumeractiongroup.co.uk...se-letter.html

CCA = Consumer Credit Agreement. Send letter N from above link to BC to see if they hold copy of orig'l doc't with ALL CORRECT info on it. If they DON'T, the debt may not be legally enforceable. Fee payable.

SAR = Subject access request. This is what I think you've sent already to BC (did you pay fee) formally requesting copy state's for CC a/c. Fee payable.

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.
This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

If there are charges on the account get a SAR into B'card and go for the reclaim.

Hi all, I have slightly altered my letter to Lowell as follows:

With reference to the above agreement, I am unaware of any outstanding balance with the above creditors and therefore would be grateful if you would send me a copy of this Signed, Executed Credit Agreement.

I have submitted a Subject access request to Barclaycard for records of an account and am awaiting their response; in the meantime I acknowledge no such debt.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand that a copy of our credit agreement should be supplied within 12 working days.

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you

Does that sound ok to you guys?

Thanks


Chris.

Hi Breez,

When using letter N, I would use it exactly as per template, adapted to suit your case. I would not add anything else onto it.

Also, have a read of this thread which you may find useful with some excellent input from PT2537 (site helper). You could use letters from there if you want. But do CCA request 1st.

Also consider reclaim of charges as well using SAR.

Click on the link I put in para 2 of post #2 above.

WIT and see what they have to say next.
The CCA clock is ticking and while they fail to comply they cannot enforce this agreement at all.