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fletch70

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fletch70 last won the day on February 26 2015

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  1. Just because at the moment they will not provide the CCA Request doesn't mean you are home free. There are lots of possibilities, they may go quiet because they do not have it, they could sell it on, which might be good for you as the chain of assignment would become more complicated , they might continue to chase you , if they do there is not a lot you can do at this point. The only way they could return it back to Barclaycard would be if very specific terms in their sale agreement are met and unless you have the deed of assignment you can not tell what they are. By the way, when was this account opened and has it always been a barclaycard? I know for example a few years ago goldfish branded cards were sold to Barclaycard as were Egg branded cards before that
  2. My degree is in Health and Social Policy - or just social policy, hence the Masters in Social Research With regard to supplying confirmatory info to your creditors My view, which may be different to others, in that , so long as it is reasonable then supply it. There is certainly no need to provide a signature but they do have a duty to make sure they send the info to the right person however if they have been writing to you then I would reply saying something along the lines of 'As you have been communicating with me at this address for some time, you must be sure of my identity. If you are not sure of my identity please confirm so I can make a full complaint to the ICO about you sharing my data with an unknown 3rd party'. That kind of puts them in a catch 22 So if its full name and date of birth then yeah- address I am a bit more dubious about One of the problems with providing old addresses is they can then use that to recon the agreement in the hope that was where you lived when you opened the account. When my Ex died, I wrote to her creditors asking for copies of the agreements so I could pay the debts that were legally owed. One sent back a recon with the address where she died- well I know for a fact she hadn't lived there when she opened the account so they were screwed. Not that there was enough to pay them all anyway but it was one off the list
  3. I know you originally posted a while ago but I thought I would let you know my story. In 2011 I lost my job, was making token £1 a month to creditors. By 2012 I was so tired of it all I seriously considered bankruptcy - what stopped me initially was I didn't have the funds to do it. I had between 45 and 50 thousand pounds of debt Anyway I stared what I will call my unenforecability journey . I sent a CCA Request to every unsecured creditor (credit cards and loans), there were a few lets just say that. Some of the debt owners wrote back saying they couldn't locate the agreement and the debt was unenforceable - great Some sent back paperwork that was unenforceable ( this really only applies to accounts oped before April 2007) . I wrote back telling them what they had sent was tosh and to go away , most did. Others sent back what looked like good copies of the agreements I did what can only be described as blagged it , I didn't pay , told them there responses were non compliant , in fact to one (about 15K) I actually wrote and said if they thought they had a case go ahead and do me a favour, make me bankrupt. They didn't Now in 2019 my last debt has been statute barred for just over a month, I am home free. This last debt was an overdraft which it took them a while to default so for that one, to be safe the date of default was my statute barred date I learned a great deal over the last 7 years, I understand the complexities of consumer credit better than I did. I must say, one (Lowell) did take me to court but could not produce the default notice and I know one was never sent so they lost- that was £5000 and they were ordered to pay £2000+ costs - I had hired a solicitor on a fixed fee when it became clear they would not back off. By the way, I also went to University later in life, I graduated last year and am now doing an MA in Social Research
  4. I only asked because it seems to be a template letter sent out, I have received almost exactly the same letter; saying I could not have something I had not even asked for,, Keep the letter safe
  5. At least in my area today we only have the three choices, in fact for the Parish council, only the Lib Dems fielded enough candidates for all the posts. As for the nationalisation argument, it fails at every turn. While nationalisation of and state financial subsidies for an industry may need questioning, you most certainly can have nationalised businesses. Many European states have a nationalised rail carrier and Croatia has a nationalised ferry . They can however run alongside private competitors. Certainly when looking at Croatia, it seems to be the private ferry companies run smaller faster more expensive services while the state run slower larger cheaper ferries.
  6. If you haven't already done so I think a SAR (GDPR request) to Capital One is in order - that will confirm (or not) dates of default/termination/sale
  7. Does it look something like this but with your name and details in? This was all Lowells could produce for my DN which cost them dearly 92 CPR Response DN.pdf
  8. Without actually seeing it I can not be sure but a few more questions Does the first letter have a date by which you need to make the payment? If so when Is the amount they are demanding the full balance or just the arrears (on the first letter) If the letter is a S87(1) Default Notice then by my reckoning the debt will be statute barred around 31st August It should also contain a line about including an OFT leaflet (not FCA)
  9. Dx You said asking for docs is admitting it’s not SB that is complete tosh. At this point most defendants would not even think about it. Anyway from what has been said it is not SB and alerting them to the fact it’s 4 months away is asking for trouble. Surely you can see that
  10. That is what I would do. Do not mention there is an outstanding s78 request . If you look at the default notice does it look good. Enough days from service your name and address theirs correct amount . Would it have covered the arrears AND brought you back into your credit limit? I am also looking king for potential defences but there are often lots of different reasons.
  11. Sorry to confuse you. I thought I had posted my previous post but must have lost connection
  12. If you can evidence their receipt of the s78 request they are still in default. I feel eel I must disagree with DX , saying you dispute the debt and asking for docs is in no way admitting it. My plan is to help you string it out as long as possible so it does become definitely SB . I am sure they will try to plead the default date or date if DN It is of course up to you. My lawyer friend, would I think be in agreement although she might say just ask for the agreement and leave the rest of it for later.
  13. Have you ever sent a formal S78 request to Lowell? If not I would do that as well - it provides extra protection because they have to provide the full terms and conditions at inception as well as default (if different)
  14. Hi Makes me wonder if there is something not quite right somewhere but that is just a feeling and not based on anything, it may just be they had bigger fish to fry, By the way, I would remove the attachments from posts 25 and 26, you have left the date, amount and reference numbers on (including a QR code). As such they would easily be able to locate your claim in their records. Was the DN the actual one or a recon? Did you SAR Cap 1 - that may show something interesting. On my SAR it showed my account was sold to someone (not named) on x date but Lowell say they did not buy it until Y date ( a week later)- where was it in the meantime ? By the way, a SAR now is a request under GDPR and is free
  15. Have you actually sent anything back to them yet? In answer to your previous question about the SB date, it will likely be the remedy date on the S87(1) Default Notice they sent you (if they sent one) or the last payment if later. It has not too much to do with the date the default was recorded on your file. If you haven't sent anything back I would be saying you dispute the debt and asking for the agreement, DN, Deed of assignment also send a fresh S78 request to Lowell. It should, hopefully slow things up enough to be 100% sure you are over that SB line. Fkofilee has a point it is a tad naughty to use the PAP as a debt collection tool.
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