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Hi all i'm enquiring about my niece, she had only £50 left to pay on her barclaycard and basically she never paid it! Barclaycard have added an extreme amount of charges on as its been a good 3 years or so.
A couple of months ago they wrote to her offering to remove about £200 of the charges, which she ignored.
They have since referred it to Lowells Financial and now the grand total is £400.79!
My question's are:
1. Can she start a claim for the interst and charges?
2. Can she also request her statements and check for any other chardges and interest and include those in the claim?
3. Can she write back to Lowells telling them its a legal matter between her and barclaycard and to butt out?!
3. If she's sent a SAR to BC for statements with a view to reclaiming charges, she can rightly say the account is in dispute. They should therefore hold any collection activity in accordance with the OFT debt collection Guidelines.
If there's a lot of interest added to the a/c, she may want to reclaim interest at the contractual rate.
This will greatly slow the reclaim process and she'll have to file a claim at court. BC will fight the case and only settle just before court. But the financial rewards can be significant.
If she only claims back the charges, BC will repay this quickly.
If the a/c has been bought by Lowells and you've rec'd a Notice of Assignment, you could send Lowells a CCA request. If they can't produce a valid agreement, you can still reclaim all the charges from Lowells (as they now own the debt and it's liabilitites) and they may have to write off the debt completely.
Some may say this is morally wrong, but the choice is yours.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
3. If she's sent a SAR to BC for statements with a view to reclaiming charges, she can rightly say the account is in dispute. They should therefore hold any collection activity in accordance with the OFT debt collection Guidelines.
If there's a lot of interest added to the a/c, she may want to reclaim interest at the contractual rate.
This will greatly slow the reclaim process and she'll have to file a claim at court. BC will fight the case and only settle just before court. But the financial rewards can be significant.
If she only claims back the charges, BC will repay this quickly.
If the a/c has been bought by Lowells and you've rec'd a Notice of Assignment, you could send Lowells a CCA request. If they can't produce a valid agreement, you can still reclaim all the charges from Lowells (as they now own the debt and it's liabilitites) and they may have to write off the debt completely.
Some may say this is morally wrong, but the choice is yours.
I'm a bit confused by this part, do you mean that the letters requesting to claim back charges etc etc should be sent to Lowells????
1. BC still own the debt but are using Lowells to pursue it. In this case, all your contact will be with BC.
Just send Lowells a copy letter to show you are in touch with BC about the a/c, and tell Lowells to back off or you'll report them to the fos.
OR
2. BC have sent out a Notice of Assignment to confirm they've sold the a/c to Lowells. In which case, all letters will be sent to Lowells as they own the a/c.
If you send them a CCA and they fail to produce a valid credit agreement, they can't enforce the debt but they should repay all the penalty charges to you direct. They'll say any refund should be set against the debt but you can insist otherwise.
That's the theory - how it works in practice may be another thing.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
My niece's problem......
and include those in the claim?
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Re: My niece's problem......
Originally Posted by slick132
