Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Question Barclaycard/Momument/Lowell

    Hi there,

    I sent off a recent request to Barcklaycard for my credit card statements so I can claim back the charges ( card originally with monument, My account was then sold to Lowell).

    Barclaycard claim they have no recored of my account and can not provide any statements, claiming that the account( will post letter later) has been closed and the information has been deleted.

    If account has been sold, should I write to Lowell with Same request?

    Also to prove a debt, shouldn't Barclaycard keep records? What should I do?


  2. #2
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    Default Re: Barclaycard/Momument/Lowell

    have lowells contacted you,
    up to the muppets to prove it now,if oc no long has your details,going to be a long shot for the leeds losers
    SAMLOWELL DETESTER

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  3. #3
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    Default Re: Barclaycard/Momument/Lowell

    yes Lowells have contacted me but not about statements. how can I post the letter they sent?


  4. #4
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    Default Re: Barclaycard/Momument/Lowell

    Also is the standard template for requesting Credit card Statements under the data protection act, a Subject access requesticon? Also in Barklaycard's letter they received it on 8 may 2009 and yet my letter to them was posted on 29 April 2009 recorded delivery. Strange.


  5. #5
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    Default Re: Barclaycard/Momument/Lowell

    I would sent cca request to lowell first.
    worth a quid and should see them off.
    they claim to own it,you cca them,they refer back to oc to obtain it
    not going to get anything if oc has deleted everything

    did you get a noa?
    not worth wasting a tenner on SARicon to lowell,they only have amount and contact details,
    anything else you ask for they have to refer back to oc.and they have confirmed that they have got nothing.

    I thought that details have to be retained for at least 6 yearsicon.

    SAMLOWELL DETESTER

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    SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.

    PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.
    OR IF I HAVE HELPED IN ANY WAY.

  6. #6
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    Default Re: Barclaycard/Momument/Lowell

    Hi Jon,

    When was the a/c opened and when was it referred to Lowells.

    If you have the a/c no, you should be able to get the data from BC.Did you send BC a formal SARicon with the £10 fee.

    If Lowells now own the alleged debt, they will have to repay any penalty charges made to the a/c in the last 6 yearsicon.

    And if they DON'T have a valid Credit Agreement, they won't be able to set the charges against the alleged debt. Send the CCA to Lowells by Rec'd Del'y.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  7. #7
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    Default Re: Barclaycard/Momument/Lowell

    Hi sam,

    BC Only claim the don't have the data, its a fob of letter that they have they have back to me.

    I have already sent a CCA 14 working days ago.And have heard nothing in reply.

    What is a noa?

    I didn't say I sent a subject request, I was asking a question about the standard template for requesting Credit card Statements under the data protection act, is it a Subject access requesticon? As BC claim it is in there letter to me that I sent them a Subject access requesticon, which I did not. They also request more info from me, such as A/C no ( sent Monument A/C no with my request letter) and previous address ( my address has not changed in the past 7 years) nor has my name changed either.


  8. #8
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    Default Re: Barclaycard/Momument/Lowell

    Hi Slick,

    the a/c was opened 9 years ago. Referred to Lowells 2 years ago.

    yes, I have the A/c number. No, I did not send a Subject access requesticon with £10.00, just a Standard template request, with £10.00.

    Would sending a Subject access requesticon to BC with the £10.00 make any difference? Would it be the same Subject Access Request for requesting banking history?

    f Lowells now own the alleged debt, they will have to repay any penalty charges made. I didn't know that. Thanks.

    CCA was sent Rec'd Del'y.


  9. #9
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    Default Re: Barclaycard/Momument/Lowell

    Also, if I send Subject access requesticon does BC still have 40 days to the send Data to me or can I take off the time BC have already had to send data to me in original request?


  10. #10
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    Default Re: Barclaycard/Momument/Lowell

    hi,SARicon should go to original creditor, and they have 40 days.should include all details including letters,phone callsicon,statements,every detail they hold.

    NOA is notice of asignment,you should have been notified when it was sold on.

    did you send cca to lowell.is their time up?
    and yes if lowell owe the debt they are responsible for the charges.
    SAMLOWELL DETESTER

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    SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.

    PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.
    OR IF I HAVE HELPED IN ANY WAY.

  11. #11
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    Default Re: Barclaycard/Momument/Lowell

    Hi Sam,

    I'll be sure to send SARicon today to BC/MONU

    I have letters lettering know that my A/C had been sold. Are these NOS's or just letters?

    Yes, I sent a CCA to lowell and yes there was up yesterday


  12. #12
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    Default Re: Barclaycard/Momument/Lowell

    yes noa is letter,from oc
    and usual for lowell to send a introduction letter.
    have lowell not send the usual"we are requesting cca from oc letter"
    if you send it recorded,know that they recieved it,and time up.

    follow up to lowell.
    debt collectorsicon link send them template 19.account in dispute.
    you may get a reply from the lovely ms swallow saying they have a further 30 days.
    they dont.
    SAMLOWELL DETESTER

    SAMLOWELL DETESTER.

    SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.

    PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.
    OR IF I HAVE HELPED IN ANY WAY.

  13. #13
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    Default Re: Barclaycard/Momument/Lowell

    Hi Jon,

    The SARicon is a formal request made under the Data Protection Act which costs you £10. If you've already paid this to BC, don't pay them again.

    Where did you get the template from. This is the SARicon to use - http://www.consumerforums.com/resour...-request-.html

    Write to them saying, if they fail to provide the data as required by law, you'll make a formal complaint to the ICO (Information Commissioners Office).

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  14. #14
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    Default Re: Barclaycard/Momument/Lowell

    Hi slick,

    thanks for advice and help.

    yes, I sent the Subject access requesticon template found at the link. Thanks for posting link though.

    No, BC returned my postal order for £10.00 that I sent with my first request, so I re-sent the same Postal order that they sent back to me with the SARicon. The SAR was sent rec-d deliv and sent on the 13 May.


  15. #15
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    Default Re: Barclaycard/Momument/Lowell

    So we're waiting on the SARicon reply then.



    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.

  16. #16
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    Default Re: Barclaycard/Momument/Lowell

    yes that's right


  17. #17
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    Default Re: Barclaycard/Momument/Lowell

    Hi, got my reply today from BC about SARicon. They Sent Credit card statements, with no defaults and say this is all the information relating to my account is all that they have.

    Strange how the first reply from BC to my first letter before sending SARicon. BC claiming they could not find the A/C number and after sending SAR, they found it. And yes, there are lots of Charges.

    I question about payment Break plans, can these be claimed back or not?

    Regards, Jon.


  18. #18
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    Default Re: Barclaycard/Momument/Lowell

    Hi Jon,

    Re the Pay't Break Plan, if this is comething you agreed to, you cannot reclaim these pay'ts.

    If they charged you for the Plan without your knowledge or consent, you should complain about this separately to Cust'r Svs. You can't include this in a claim for repayment of penalty charges as you'd have to rely on different evidence if it goes to court.

    Get the penalty charges listed on a Site spreadsheet. Then send your SOC off with your Prelim Letter - http://www.consumerforums.com/resour...s/121-bookworm

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    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.

    If I've been helpful, please click my scales.


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