Lowell CCA

[Holdred]

Just sent a CCA off to Lowell for an account they have been collecting on behalf of Barclaycard for an old student card I used to have. I have been with Lowell's for a couple of years, so I excluded the phrase saying "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" as I actually have been by making my payments.

 

My aim is to clean up my credit reports. This wasn't helped by Lowell duplicating information on, which they have now corrected, so I want to make sure they have their houses in order before I decide how to proceed with the removal of the default.

 

I know there are charges on the Barclaycard that can be reclaimed, so I want everything infront of me before I approach the default removal. If Lowell/Barclaycard cannot produce the requested information under the CCA then I will offer them a final settlement figure and request all information removed. I don't want to shirk out of paying the debt, but I'm not going to be strung along either.

 

If the CCA comes back fine, then I'll SAR Barcalycard and go the charges route. Ideally I'd like every aspect of the account removed from the CRA's, being a student and financially irresponsible has impacted me enough to want to get this sorted out as much as I can!

 

CCA sent today. I would imagine signed for on Monday, so Tuesday 11th of December they enter default. I am going to maintain my payments through this, they have been reasonable to me and I am not disputing the debt, so I don't feel it appropriate to do so.

[Edz11]

Hope you sent the CCA rec delivery

[Holdred]

Of course

[tooth_fairy]

You will no doubt get a letter back from Lowells sayng 'we hope to provide you with the requested information within 12 days', standard letter from their complaince team.

 

Keep us posted!

[NitrousOxide]

And probably still get nothing but threats 6 months later.

[Holdred]

It was signed for on Saturday, so do I start the 12 days from the first working day, which would be today?

[tooth_fairy]

I'd personally allow from today because they may only have a postroom open on a Saturday and it may not have landed on anyone's desk until today.

 

Keep us posted!

[Holdred]

Tuesday 11th it is then.

[Holdred]

Letter received today:

 

We are in receipt of your request for a copy of your credit agreemeent in accordance with section 78(1) of the Consumer Credit Act 1974.

We are also in receipt of the prescribed fee from you.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

Yours faithfully

 

Well, I appreciate the 12 day period, I do not appreciate any delays.

[Holdred]

Entered default today

[Holdred]

Not heard anything from them at all and they have defaulted now.

 

At this point, am I legally within my right to hold my payments back?

[Having_A_Knightmare]

After 12 working days you are entitled to stop payment until a valid agreement turns up.

 

HAK

[Holdred]

Well they can go **** themselves until they produce it

[Holdred]

Well still not heard anything from them at all and on Tuesday they commit an offense.

 

Funnily enough, my payment date has elapsed and they haven't sent any letters or phonecalled me about it at all yet..

[kezza150]

Hi funhat,

You said this was for an old student card you had, was just wondering if you mean a student bank account or just a plain credit card you had when you were a student?

Just wondering cos Lowells are chasing me for an old barclays student account.

Hope all goes well in your battle with them,

Kez x

[Holdred]

It was a credit card, so it would be fully covered under the CCA.

[Holdred]

Well today is the end of the 12 + 30 days and the only thing I've heard from Lowell has been the letter confirming receipt of my CCA request. Not even a peep from them on the phone wondering where my usual payment is.

 

I don't know whether to be worried by this or not..

 

I can still access the electronic proof of delivery that quite nicely has the name and signature of the Lowell postie, so I'll be printing that off tonight and filing with the original letter.

 

What should my next step be, just sit tight and wait?

[Curlyben]

Sit tight and wait for their compliance.

Without the CCA NO ONE is taking enforcing action.

[Holdred]

Sit tight and wait for their compliance.

Without the CCA NO ONE is taking enforcing action.

 

Excellent.

 

I'll let them get on with what they're doing and as long as it's not pestering me then that's fine by me.

[Curlyben]

Now IF they demand payment after the 12+month has expired then a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

[Holdred]

Now IF they demand payment after the 12+month has expired then a report to Trading Standards would be in order as they are chasing an unsubstantiated debt.

 

That's what I understood to be the process, would it be my local or Leeds TS?

 

If, or when, they produce something they claim to be the CCA Agreement but it's just an application form or something equally as relevent, or they cannot locate the original0, would that be time to hit Barclaycard with an offer of settlement with all negative information and default removed with the CRA's?

[Curlyben]

Your local TS for starters.

[Holdred]

Well, stilll nothing. I'm quite disappointed as I wanted to have a bit of a batte with them.

[Curlyben]

They are probably formulating a letter from RED or Hamptons ilLegal as we speak.

Don't worry Lowells tend not to give up so easily.

[Holdred]

I hope so, I bought a new printer cartridge on Monday so I could churn out as many letters as I can