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laureli

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  1. HI, Well the people that applied the ppi in the first place was morgan stanley... but they dont own the card or the debt anymore. So I've just sent it to barclaycard today. As for the F&F settlement - the card balance stands at about 4500 and its getting ridiculous. its been at about that level for the last 3 years. In fact, if anything its been going up and up and we're not using the damn thing. I calculated that 6 years unwarranted PPI is about 2500 - and I know that barclays havent paid the full amount for the whole debt, so was going to offer them 1000 F&F with the intention of going up to 1500 if they argue that its too low. But the fact of the matter is - if they dont accept, my partner is going to be forced to enter an IVA - he earns about 10k a year, what with his other creditors, barclaycard are going to be getting about 900 back after all the iva people take their chunk out. The house wouldnt cover the debts we owe if we sold now, so they'd get nothing if they bankrupted us - and I can provide the funds to make this offer... fingers crossed they'll see that they wont get away with the PPI [problem] with MS and will realise that 1000 for a debt that is actually only really 2000 is a bloody good deal. What do you guys think??
  2. Hi, We've just realised that my partner took out ppi with his morgan stanley card over 6 years ago, and its never been worth the paper it probably wasnt written on. He was in a fixed term contract for six months of the first year of the credit card, and then was self employed. He's never made a claim and didnt even realise that it was still on the card because he's not used it for over 3 years - he's just been trying to pay the damn thing off... and getting nowhere! Barclaycard have now set up an axa ppi plan for him without his permission, he hasnt even received a letter or terms and conditions saying that it was setup and what it covers... they've just added 30 odd quid a month and he's livid. On doing the research we've figured that the norwich union ppi that my partner requested was should be stopped when he went self employed, as a minimum - but it never was - and really, it should never have been put on in the first place. They asked him what he did, he told them and they told him to tick the box anyway. He says he had the MS people on the phone and they helped him fill out the form - and they basically alluded to the fact that it would be more likely that he would get a gold card with a higher limit if it was taken out. They also told him that it would cover him if he was made redundant - now - a fixed term contract after more than 2 years employment is technically a redundancy - but he was told he could not claim! Even at that point, he was told to keep the ppi as it would cover him for sickness... but he was self employed, and they knew about that too because he told them when he couldnt make a couple of payments! Anyhoo - we want to try and get them to refund the ppi, but who do we talk to? Is it Barclaycard? And if yes, how likely is this to be given? Have we got a fight on our hands, or will they just give in cos they've brought the debt cheap from goldfish?? We've sent off a SAR today by giving it in to the bank clerks at our local branch. (this is the second request - they reckon they never recieved the first one even though I've got a recorded delivery that says it did get there!) Will this get them shirty if I now try and talk to them about a F&F offer - or we're heading for an IVA and default. any advice would be greatfully appreciated. Laurel
  3. I am planning to get in touch with them and say - we're going to go after a mis sold PPI, which amounts to around £1800 in charges etc. We would like to offer a full and final settlement of £1000 for the remainder, and if you do not accept we will be forced to enter into an IVA or bankruptcy. The issue is that we've got the cash to get rid of this - and thats what we want to do. We dont want to get out of paying for a debt that we do owe, but we would like to make them an offer to get their hands on the cash now - not in however many years its going to take them to get it from us. Does anyone have any advice on settling ?
  4. to be honest, we're not sure where we stand on the whole insurance thing. The insurance WAS taken out when he got the card. Although my partner was on a fixed term contract at the time, so it wasnt really a huge amount of help when his contract finished. We were told that we had to write to the insurance company to get them to stop the payments - two letters were sent. Nothing happened and to be fair, the payments were ok, so we carried on - just in case my partner got sick or whatever. We just want shot of the debt. We can get the cash but dont really want the stress of threatening letters etc. we own our own home, and as I said, Im already meeting an IVA payment monthly and we just need to make sure this doesnt get out of hand and jeopardise the rest of our finances.
  5. Hi, I need some advice! My partner has what was a morgan stanley card, that was purchased by Goldfish, then by Barclay Card. The new Barclay Card becomes active at the end of September. I need advice because we are facing financial difficulties, and the card is crippling us. My partners self employed and his work (carpentry) relies on people being able to get credit to do up their houses... and obviously, thats all gone a bit squew wiff at the moment. My family have offered to make a full and final settlement with regards to this debt, but it can be nowhere near the full amount. In all honesty the cards not been used in over 3 years - and the majority of the balance is intrest and insurance (that was never supposed to be on there after a year as my partner tried to cancel it). Now, I know that goldfish would not have paid the full amount of £4300 for the debt, and Barclays even less. I am planning to call them and tell them that we can offer them £1000 in full and final settlement - or we will be looking at entering an IVA. I am already in an IVA, and my partner earns circa £10k a year. Do you think £1000 is a reasonable amount to offer them? or will they reject it out of hand? Should we offer more in the first place? And also - how do full and final settlements work? Can you even do that for a credit card?? Many thanks Lauren
  6. The only reason - and I mean the ONLY reason I knew not to send them the passport or driving licence was because of a Watchdog report on BBC one recently. It was about DCA's and how they blanket post to people of the same name hoping for a reply. The advice from them was vague at best, but they did say NOT to give over your personal documents. Im shocked that these companies can do things like this, and the man in the street is pretty much unable to do a thing about it. You can say you're going to the OFT but they dont care, you can go to the CCA but they're a voluntary organisation and they cant really do anything either. Nobody ever really does anything to stop them. I dont see why it should be down to us to proove we dont owe a debt, it should be down to them to proove we do, and for them to stop chasing for the money until they can prove it. The stress and undue aggravation they cause people is disgusting - and now, Ive realised the money they make from blanket chasing must be humungous - I paid over half of this debt off before I realised it was a mistake. How many people do you think are paying for debts that are not theirs? and how many debtors accounts do you think they have two or three people paying off at once because they dont realise that its not their debt? Id like to see how much money they are supposed to be making from debts, and how much they actually do make - because I have a sneaky feeling that if me and another miss X were to call them about the same debt, I'd bet they'd take both lots of payments.
  7. LOL They called again, and I sat and said you could be anyone... whats your name, and your date of birth... and can I have YOUR passport. The guy on the phone wasnt too impressed... so I said you know what Im going to say next dont you? he said no - I said that he surprised me. and that the conversation was over, and he could put whatever he wanted in writing, other than that I was convinced he was a [EDIT] and I wouldnt entertain his tricks over the phone. He tried to persist so I asked him if he'd considered taking jesus into his life and he hung up. I guess he was an atheist. Next call I get Im gonna just say Tick Tock Tick Tock Tick Tock until they hang up on me. Bunch of Doofuses.
  8. got a letter from hsbc and they cant find a CCA = and they said that the debt collection agency (im assuming metropolitan) dont have it either. so good luck to lowell I guess. whats more dumbass hsbc cant actually find anything on the managed loan either - and it appears I may have mistakenly paid about 220 pounds on the metropolitan debt before I dont know what happened... but I stopped paying. Stupid thing is - I shouldnt have paid it. my credit cards were paid off by the managed loan - hsbc had issues with giving me a chair to sit on, its not like they were chucking credit at me. I had a lot of debts at the time, and was a naive student. I paid whatever came through the door - or at least offered them something to stop them taking me to court. If id have thought about it- and done some homework I could have avoided all this and not spent any cash. Im really pee'd off at hsbc as they're not very helpful = ive banked with them for over 20 years - ive never not banked with them, and they set me up on a managed loan and took my credit cards off me. I wasnt even allowed a cheque book or a switch card. and then they carry on charging me for a credit card they wont let me have. ... when this all started I just wanted lowell to go away - now I want hsbc to give me that overpayment back, and some compensation for an incorrect credit reference, and 4 days wasted trying to sort this (and thats only with the bank - thats not including lowell).
  9. thanks guys... you've got no idea how much of a help this site is. Im hoping that if I learn enough I can hang around and be help to some other people. Does anyone know where the criminal act that they're about to commit is described? Ive just about had enough of this company... and I imagine they're not alone in their tactics. If I was alone, or old and vulnerable, I think all of this would have worked. They talk to me like Im a low life (when the truth of the matter is I worked hard to not be in debt, and when I was I was at Uni). The letters, the misleading information, the utter contempt from these people disgusts me. And I know that for the majority of letters they send out must work - or they wouldnt use these bully boy antics to get at your money. I fear for the old and vulnerable that get taken in and make themselves ill over these threats - and for all of those that are paying back amounts they cant afford to satisfy Lowell who must pay all of 20 pence in the pound for these debts.
  10. Id just like to point out at this point that HSBC have had to go back to metropolitan (the DCA they actually sold my debt to), as they no longer have ANY paperwork for it - my original cca would be ten years old now. We're awaiting info from Metropolitan to fix the mess that hsbc have made in the first place (the debts actually a mistake). Apart from that Lowell are actually statute barred on this - a payment was alledgedly made to metropolitan in jan 2001, and then no contact was made since then to now... but thats just to complicated to argue. I was a student at the time, and i owed money to everyone - If i got a letter i called em up and offered pence to get them to leave me alone! I never realised it was a mistake. Once this is sorted with HSBC I'll be asking for a refund. Anyway - Im not even sure if HSBC knows what its talking about. they reckon they wont speak to lowell but who knows. They dont have the info themselves, so good luck to them I say. I actually would like them to take me to court. I'll quite happily turn up and grin at them.
  11. Ive got exactly the same thing going on. Good ol' Nigel. Ive already found out ive been defaulted for this debt by HSBC - and they're getting it removed (plus looking at compensation for this because they messed up). Its been on there nearly 6 years now... can Lowell default me too? and if they cant - what can I do about it??
  12. yeah lesson learned on the recorded delivery thing... can anyone explain what the criminal act is? Also, I did ask them to tell me where it was in the CCA 1974 that they've got 28 days and he said section 77... Id still also like to know what they wanted with my passport!
  13. Im self employed and have told the bank who caused this mess with Lowell that Im going to start billing them for my time.
  14. Hi, Ive got a quick question on this - HSBC sold a debt to Metropolitan something or other in 2000 in error, and then I think it was sold on again to a Shakespears... but Ive now got Lowells saying they bought it from HSBC. HSBC deny this - and have said they wont provide info on the debt to anyone but metropolitan. Is this correct? And how can lowell say they're acting on hsbc's behalf when they dont even have the CCA or statements? Can they do this? Ta, Laureli
  15. Hello I have been contacted by the lovely lowell group, portfolio I, and financial... both by phone and letter, and after a couple of confusing months I did my homework and found your site. The story so far is this: Skip to the read from here if you dont want to read war and peace They sent me a letter saying I owed 164 quid to HSBC - with no HSBC reference or further information. I found this a little odd as I have banked with HSBC for over 20 years (yes I know im dumb, but im also lazy), and have never been contacted about this debt by them, ever. I contacted the bank and they didnt know anything about it. I had a managed loan forced on me in 1999, incorparating a credit card and an overdraft. this was satisfied in 2001. Now, after contacting Lowell Portfolio by phone and asking for evidence of this debt so I could get it rectified, they helpfully sent me a letter from Lowel Financial saying that HSBC had told them I do owe the debt - and thats that - so I call them and say, Im getting the bank to look into it but without any references Im having a bit of trouble... I get another letter on the 21st December saying (and I quote) : "further to our letter dated the 13th November (the letter they first sent was actually on the 16th) regarding your query relating to the aove outstanding balance (of which there was no reference from HSBC again). In our letter to you we confirmed that statements from HSBC have previously been sent to you and that no further fees or interest have been added to your account following its purchase by Lowell. (what - just lowell now - are we on first name terms already?) We have no record that you have contacted us to discuss this matter... etc etc. contact us on blah, so that we can get your money (Ok, I have paraphrased the last paragraph but you get the jist). Being the helpful soul I am I contacted them and explained the situation - ie. I didnt think this debt was correct and that I was trying to sort it and get evidence from the bank. The bank are next to useless however, and have not been able to get bottom to speak to elbow... and have now sent me a letter with someone elses credit card number on it saying they're looking into it. Further to this - HSBC have stated that this is a cock up, they acknowledge that I couldnt have had a credit card when in a managed loan and that no, they didnt send me statements, its all a big mistake, but that they do have to figure it out officially before they can put it in writing (very sorry and all of that, but you'll have to wait whilst we figure it out). Oh, and that its difficult because this goes back to 2000 and they dont have any paperwork . opps. They did sell a debt on to metropolitan in 2000, but they're not sure what for now, and they've never heard of or from Lowell... unless you include complaints from customers saying they've been contacted in error. Anyway - getting back to the happy chaps at lowell: I call them up and they get shirty on the phone and basically call me a liar. They say nasty things about debtors and how 90% of people who call do owe the money and that this is a stall tactic, and they will chase the debt until its paid. I get another letter shortly on white paper this time, saying Ive not contacted them (um, who's the liar now), and that someones going to come to my house (scarey), and that I must contact them URGENTLY. I get a little annoyed at this and finally get on the net and do my homework. I find this site, and then call the CAB and my bank, who all tell me to send them a letter asking for the orignal CCA in 12 days or do one - numpties. I send this on the 5th Feb, but like a plank I didnt do it recorded... but then THEY call me on the 8th, and say they received it the day before... this is actually after a little bit of pushing, because the guy on the phone is actually trying to just get me to pay. I tell them they have 12 days from his call because Im nice and to not contact me again unelss its with a photocopy of the CCA. on the 9th feb I get a postcard from them saying someones been to the house (yes, the postman looking at the postmark on the back) so I call them up and have a grump. AND THEY ASK ME FOR MY PASSPORT!!!!! WTF???? they then say this is so they can see my signature - and tell me the letter I sent and the cheque for a quid isnt good enough. I ask the guy to give me his name and he wont and he hangs up. So I call them back and say I want to speak to a manager / supervisor and after an hour the guy gets fed up and puts a woman on the phone. She asks me if Im sure that its 12 days.... and says she'll hold the account. READ FROM HERE IF YOU JUST WANT THE JIST Today I get a letter from Nigel Beaven, who appears to have been promoted to supervisor (congrats nige), saying he's got my letter asking for the CCA: Quote: "We are in receipt of your request for a copy of your cca in this matter in accordance with section 78(1) of the CCA 1974. We are also in receipt of the prescribed fee from you. (better cash it quick nige, Im a debtor, I may not have a pound in there for long). We are requesting a copy of the agreement from your original lender with whom you originally entered into the agreement. (good luck, they couldnt give ME a copy and they've never heard of you). While we endeavour to reply to you with the required information within the prescribed 28 day period under the CCA 19744 you will appreciate this is dependant upon reciept of the info from your original creditor. We will advise you further if it will take longer than the prescribed period and the reason to supply the required information" WTF>????? Is this right? I called them and some guy tells me that its 28 days for them as they've bought the debt. its only 12 days for HSBC... and he kept saying THATS THE LAW. I told them you've got 12 days and I dont want any contact from you after that and he said "We'll see about that" So, now Im stumped - have I missed the point? Is it 28 days for these people, or is it 12? and How does that part work - i noticed that its 12 days + 28 days and then they're breaking the law but Im not sure how - can someone explain it to me? Thanks in advance you lovely, lovely people, Laureli
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