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jaffiercake

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Posts posted by jaffiercake

  1. Thanks, I will send the CCA Dispute / s.10 Cease & Desist template letter and give them 7 days to respond with:

     

    1) The default notice

    2) The CCA inc. statement of account....

     

    neither of which they have done so since my request 43 days ago!!!!:-x

     

    If they can't provide the information I think the next stage is to complain to Trading Standards, FOS, Info Commissioner, although which one's best I'm not sure.

     

    With regards to sending a SAR to Barclays, do you know if this could reset the clock if its just short of being statute barred?

     

    thanks again!

  2. Hi Huggys Boss, thanks for your reply. I'm pretty sure it's at least 6 years since I made a payment but can't say 100% sure. I thought about sending a SAR direct to Barclaycard but didn't know whether that may start the clock ticking again if it isn't statute barred? Surely though, if Lowell don't have a CCA they can't issue a default? Wouldn't that need to be issued by the original creditor, i.e. B'card? Also, wouldn't my old B'card account show up on my experian report if it was less than 6 years old? It's not on there and neither was it in the few months before Lowell allegedly bought the debt, since when I starting keeping an eye on my file. I'm not sure how it works with CRA's. Is it not down to Lowell to prove I made a payment when they said I did by presenting me with a statement of account? Otherwise, anyone could make any old thing up to try and [problem] money off others. It also means anyone can mess up your credit score and make your life hell, right? CONFUSED!!!!:???:

  3. Hi everyone,

     

    I've been reading through the forums with much interest but am in need of some advice regarding an old Barclaycard debt. This is my situation.......

     

    I check my experian credit report regularly and during July 2010 I noticed that Lowell Financial Ltd had made a number of unrecorded searches which I thought was a bit strange as I'd never heard of them before. Then in early August I noticed they had issued a default for almost £1k relating to a store card/credit card but I had no idea which account this referred to. A few days later I received a letter from Lowell Portfolio I stating they had bought the outstanding account from Barclaycard and basically I had to pay up or else.

     

    I did have a Barclaycard but this was from years back and this account did not appear on my earlier credit reports I had checked, either in June or July 2010? Lowell put the defaulted date down as a date in mid April 2009 but I don't recall making any such payment during that time or in fact any payment over the last 6 years :evil:. Does this mean it is statute barred? It seems like they have just made up a default date so they can chase me for payment. Due to ill-health and a series of major surgeries a few years ago, I got into financial turmoil.

     

    I wrote to Lowell by recorded delivery at the beginning of August with a CCA request (following advice off CAG I didn't sign it) and they replied to say they would contact Barclaycard for a copy of the agreement. I wrote a CCA reminder at the start of September, by recorded delivery, and then they replied they are in the process of retrieving it from their archive. It is now 43 days since my original CCA request and they have yet to supply me with any info. Where do I go from here?

     

    The big issue is I want them to remove the default as I believe that the debt is statute barred. If the Barclaycard account did not appear on my earlier credit reports and Lowell can't supply the CCA or statement of account, how then are they able to issue a default in the first place? Is this legal? I'm a bit confused by it all. Any help would be greatly appreciated as over the past couple of years I've done everything I can to improve my credit status, I've managed to pay off most of my debts in full and have avoided making any late payments in the last 12 months. Now I've been slapped with this default it's going to be another 5 years before I will be deemed credit worthy again. I'm desperate to buy a house with my boyfriend but until I sort this out, its out of the question.

     

    Any advice would be hugely appreciated. :-)

  4. Hi,

     

    I am making a claim against Lloyds TSB (personal acct) and Natwest (biz acct).

     

    I am a little unsure if I can include the following types of charges in my calculations:

     

    Lloyds TSB - Service Charges ( I have been charged monthly anything in the region of £15.32 to £53.30)

     

    and...

     

    Natwest - those charges which are shown on my statements as either 'Account Charges' or later as 'Date' A/C ******** '(again these are charged monthly...anything between £20 - £90)

     

    Can anyone tell me if I can claim these charges back as they do not specify Referral Charge or Excess Overdraft fee etc....?

     

    thanks x

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