Hi,

I'm very sorry if this is in the wrong place or it is a stupid question but I have looked and looked round the site and this is the nearest thing to my problem but Im still confused

I have had a letter from lowell Financial saying i owe Barclays £1373.73. I have told them in the past that I do not know what this amount represents and asked them to clarify the matter, as branches of Barclays say they cant help as its in Lowells hands!

They have ignored my request for clarification, so does anyone know what I can do next?

I assume this relates to my old Barclays Current account which I had a £600 overdraft facility with.

I cannot remember how much was owing if any on the overdraft as I did not receive a last statement from Barclays.

If I do owe money on the overdraft I will sort out an amount to pay but I am not going to blindly start paying just because they say I owe 1300 odd quid!

Thanks for any help or advice any one has.

Kind regards

Abs

Hi, abs66.

I've used your post to start a new thread.

Regards.

Scott.

Letter to Lowell.

Date:

Recorded mail.

Your reference:

My reference: Matter in dispute.

Dear Sirs

I have asked you to clarify what this alleged debt is for. You have failed to answer me.

You will notice I have put the matter in dispute. Hence, until such time as you answer my questions as per the OFT Guidelines you are not allowed to try and collect but must seek to answer my questions.

(Note: google OFT Guidelines and check out the ones that refer to Unfair Trading and see which ones apply regarding debt in dispute). Then list them like this:

As per the OFT Guidelines, your not answering to my queries you are now in contravention of:

Section X

X.y (Write what it says)

X.z (Write what it says)

My questions are:

(List your questions).

I await your kind reply. Please note that as of today you are not to contact me by phone but solely in writing.

Yours sincerely

Note: As you have now put the matter in dispute they cannot try to collect until the dispute is sorted.

In the meantime, as well, under seperate letter and seperate envelope (do not put the two letters in one envelope but post seperately and also make sure you post recorded mail so you have proof), send this letter (Your address should be either in the middle of the page or to the right of the page:

Mr X XXXXXXXXX

123

XXXXX Road

XXX

XXX

MM11 2BS

The Data Controller

Lowell Portfolio 1

Make a scramble street

On toast town

BU11 2NN

xx/xx/2009

By recorded mail.

Your ref:

My ref: Debt under dispute

Dear Sir/Madam

Ref: Account number

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully

My name, written out but not signed.

Send a postal order of £1. They have 14 days to send you a copy of the credit agreement this debt is supposed to be about.

overdrafts are not covered by the CCA.

me thinks you need the prove it template or the bemused one

Hi,

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the amount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

If they have ignored your 'prove it' letter.

I'd send a SAR to Barclays, this will let you know the score regarding payments made ect, also let you know how much you can try to reclaim in charges.

Regards.

Scott.

Must have not read the original post correctly. I thought it was about a "simple bank debt owed". (Deeply involved in another issue on here so (I no my fault) somewhat distracted).

Thanks so much guys, I will start trying what you suggest and see where it gets me.

I can only assume that charges must be involved somewhere in this equation so I will obviously have to deal with that issue when/if it arises.

If they ignore me yet again, what can I do about it if anything? Do I just have to wait another year until they try it on again and send the same letter again?

Kind Regards

Abs.