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My parents got a shock today, they got a letter from Lowell Portfolio I Ltd refering to the assignment of a debt due in respect of the balance of £xx.xx outstanding to Barclaycard.
Now, my mum and dad do not have any credit cards, not since my mum got into real trouble with one (actually it was a Barclaycard) and other debts about 20 years ago, and they were on the verge of being declared bankrupt.
My dad said it had better never happen again and almost left my mum because of it.
The only thing they have on credit now is the car and the house (mortgage).
Also, the letter has come in my dads name, the card they had years ago was in both names.
It's highly unlikely that my dad has a card that my mother does not know about, as my mother is disabled and spends all day at home, so is there when the postman comes, and knows every penny that comes in and out of the house.
Does anyone know if Barclaycard are responsible for issuing things such as petrol cards, stor cards, etc. Just wondering if it could be something like this they may have forgotten about?
What would be their next step, considering neither of them know anything about this account?
OK, had a read through some other posts regarding DCA's, I just need to know what letters I now need to send as my parents dispute this debt even exists, and if t was from this account they had over 20 years ago, how will they find out what charges are on it.
Yes it can be a cheque, but I'd stick to postal orders where possible as I don't trust these leeches, some of the more unscrupulous of them have even been known to set up DD's using the details on a cheque.
Send them this........
I do not acknowledge ANY debt to your company.
I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Yours Faithfully
If they are not claiming to own the debt you can delete the part in red.
Supposed Barclaycard debt, Lowell
).
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