egg/barclays/Lowells SD ****SET ASIDE & WON COSTS ***

[mandyjayne]

Hi all...

 

Can someone help me with where to start with this please..

 

Had a Barclays account 2000/2004ish went overdrawn due to a difficult time...tried to arrange to pay back but the charges were over taking the amount i was paying in.

 

Now getting letters from Lowells and Hamptons..any idea why two DCAs for the same debt??

 

I have just found an old cheque book from that account and the account number is completly different from the one the DCA has?

 

Do i need to subject access? if yes who to the DCA or Barclays?

 

many thanks whoever gets this..

 

I have just been successful in the legal issues with set aside of a ccj and removal of a charging order so i am very positive and will fight to the bitter end with this one as well!!

[42man]

Send a SAR to the original creditor.....if you do not recognise the account number, then please write back stating that the account number has nothing to do with you !!!

[cerberusalert]

It might be worthwhile to send the 'prove it letter' first & save £10, besides knowing Lowells and the age of the account if you haven't acknowledged the debt in writing or paid anything to it for a period of six years it'll be Statute Barred, or very nearly. (Five years in scotland).

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[landy_alert]

Hi Mandyjayne:)

 

I don't know if this is of any help.

 

I was informed on a thread I started re: a DCA buying an account from MBNA and paperwork turning up with an unrecognisable account number, that when the bank sells off your account they issue it with a new number before it passes to the new owner.

 

When we first received letters quoting this new number we were hoping that the DCA had ****ed things up. We were disinclined to contact the DCA quoting this number ourselves as we didn't want to appear to be acknowledging it, however neither did we want to draw their attention to a possible error on their part. We did write to them as we needed to send them the 'bemused/account in dispute' letter as we are in the process of reclaiming charges on the account, but we omitted to refer to the account number at all just in case. We have heard nothing from the DCA since 26th March.

 

Good luck with your fight!

 

Regards,

 

Landy x

[WelshMam2009]

Hi MJ, I agree with 42man and would be inclined to send off a SAR, to determine the extent of charges so that you can challenge them.

[mandyjayne]

Hi Guys

 

Thanks for all the replys..all noted:D

 

Ok will go for the subject access request...now do i send it to my local branch of barclays or head office...any ideas?

 

and just double checking i do NOT send one also to DCA?

 

Cheers MJ

[Massamum]

Hi MJ, it has to be sent to the Data Controller at Barclays, sorry can't help you with the address. Good luck.

[Bookworm]

Look in the Barclays bank forum, there's a sticky with the contact addresses for different depts. (can't remember it at top of my head, I think the Knutford one, though that may be for B/card).

[mandyjayne]

Hi guys

 

Just done subject access request..the one geared towards dca on 42 mans link.

 

Bearing in mind this was an overdraft..do you actually sign a cca? i dont think you do..so would i be aiming to get back statements? When and if they arrive whats the next step please:D

 

Cheers mj:confused:

[WelshMam2009]

I think you start counting up all the charges MJ!!

[mandyjayne]

ok that sounds like a plan!!

 

will post on Monday so updates when and if

 

thanks

 

welshmam

[mandyjayne]

Hi guys

 

Sent sar to lowells as they are the ones who are supposed to "own" the debt. Hope this was correct.

 

Can some one advise.. once they receive it does that make the account now in dispute..can they still go along the court route?

 

ta MJ:)

 

bump

Edited January 8, 2010 by citizenB
merged posts where "bump " occurs same day

[cerberusalert]

It really should have been sent to the original creditor, Lowlife will only be able to provide you with information & data which has occurred between you & them. They might pass it on, but I wouldn't hold my breath.

[mandyjayne]

Hi Cerberusalert

 

Thanks for your help...

 

right it still has not been posted mum-in-law still has it...!!!

 

so will send to Barclays and the prove it letter to lowells..

 

On thinking, only thing i am worried about is i have a joint account in my now married name with Barclays but still the same address..not my choice to use Barclays was a woolwich one but they merged and it just went over there. Of course its a different surname and account number

 

question: once they receive sar are they likely to connect the two?

 

will wait for advise on this before posting

 

thanks MJ

[cerberusalert]

In all honesty I don't know, but in any case it would be safer if you opened a 'parachute' account with an unrelated banking group group such as the Co-operative. The problem is, banks are allowed to offset against accounts so if they do discover that you have a second a/c they will deduct monies from it if you have another a/c such as a credit card which is in arrears. Obviously this can lead to allsorts of problems such as bounced DDs and ultimately with charges make that second a/c overdrawn too, thus creating even more charges.

[mandyjayne]

thanks again

 

well i cannot open another account due to the default given by lowells for this one!

 

There is no excess money in there and only £100 overdraft and i sail very close to that all the time, i have no credit cards, i am one that has learned from mistakes!! My husband has a seperate account, i use this one although its joint.

 

Any more thoughts???

 

mj

 

bump

Edited January 8, 2010 by citizenB
Merged posts where "bump" occurs same day

[cymruambyth]

Hi you say that you can't open another account due to the default, have you tried? You could try a basic account at a different bank / building society where you have no accounts. You may not get an od and there may be other restrictions but you should be able to find an account. I believe some people have had success with Abbey and Nationwide, you can apply online.

Good luck

[mandyjayne]

Thanks all for help with this one..

 

ok i will give it go, in the meantime shall i send the prove it letter...i have received another letter from Lowells offering me a reduced balance if i pay now!

[cerberusalert]

Yes send the prove it letter for now.

[mandyjayne]

Thanks...will do that today..post with update when received:D

[cerberusalert]

Yes send it to Lowells, the onus is on them to prove a debt exists and that you owe it.

[mandyjayne]

Hi

 

Sent today...recorded delivery..

 

post soon

 

MJ

[mandyjayne]

Hi all

 

I sent my prove it letter to Lowells on the 12th they got it on the 13th, but clearly have ignored it.

 

Today received a letter from Hamptons which says:

 

We refer to previous correspondence and note you have failed to enter into a repayment plan.

 

We are now going to request a copy of your credit file from Experian which will help us decide what form of litigation is best for us.

 

If you are a homeowner we could issue legal proceedings against you, if we are granted judgment we could then apply to the court for a charging order, if you the still persist with non payment we could apply for further enforcement and ask the court to grant an order of sale if granted this could mean you losing your home.

 

If you are not a homeowner blah blah blah:rolleyes: goes on about bailiff's and sheriff's and adding on court costs

 

But i still have time to bring this matter to an amicable end

.....Please call the number below to arrangement payment:p

 

lots of love

 

stephen hunter - Director

 

Help with how to respond to this PLEASE;)

 

LOL MJ:D

[Bookworm]

File under "B" for Bin???

[cerberusalert]

Hamptons is the another retard sat opposite Lowell, next to big bad Red

 

Send this;

 

Dear Sirs

 

I refer to your letter of XXXXX 2009 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2009 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by xxxx under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully

Print name do not sign