Barclaycard bill from out of nowhere!

[Breezico]

Hi people.

 

Can anyone offer any advice with this please:

 

I moved house in June last year, in doing so I paid off all my debts, or so I thought. I had a letter yesterday from Lowell Finance Ltd regarding my old Barclaycard saying I have an outstanding balance of £1800...

 

When I moved I set up mail forwarding and registered at my partners house so it has come as quite a shock that it has taken 18 months for Barclaycard to get in touch.

 

Looking through my bank statements I can't find any reference to Barclaycard or Mercers, who were handling this account.

 

I am now wondering if this account got missed in all the confusion, but am not keen to hand over £1800 to Lowell on the strength on a one off letter, does anyone know where I can obtain proof of their claim?

I have already written to Barclaycard asking for a full set of statements, but this could take upto 40 days.

 

I am planning to phone Lowell tomorrow so any advice on how to handle this situation would be greatly appreciated..

 

Many Thanks

 

 

Chris.

[slick132]

Hi Breez,

 

No. 1 has to be - don't call Lowell there's nothing to be gained by you doing this. Write to them and say you have SAR'd BC and are awaiting their reply and, in the meantime, you acknowledge no such debt. If they call you, tell them to write and hang up.

 

Are you aware of any such debt and have you considered sending CCA request to BC as well to see IF the debt can be enforced. Have a look here at letter N - http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Also read here - http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf - and consider using one or more of these sections:-

 

2.6(a) re frequent contact

 

2.6.(h) ignoring your contention that debt is in dispute

 

2.8(i) failing to investigate/provide details (re missing info they still owe you)

 

2.8(k) not ceasing collection while investigating queried or disputed amount.

 

Take a look in the General Debt forum where there is loads of info, template letters and examples of how the DCA's behave.

 

Slick

[Breezico]

Thanks Slick, I was dreading the hassle over the phone, I shall ask Barclaycard for a copy of the Consumer Credit Agreement (that IS what a CCA is isn't it?) There's some really re-assuring information on those links, thanks

[slick132]

Hi Breezy,

 

There's a specific phone harassment letter I forgot to mention. Check it out and use if appropriate - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

CCA = Consumer Credit Agreement. Send letter N from above link to BC to see if they hold copy of orig'l doc't with ALL CORRECT info on it. If they DON'T, the debt may not be legally enforceable. Fee payable.

 

SAR = Subject Access Request. This is what I think you've sent already to BC (did you pay fee) formally requesting copy state's for CC a/c. Fee payable.

[Breezico]

Thanks Slick,

 

I am just putting together the letter to Lowell and Barclaycard and am wondering if, under the circumstances, I should merge part of letter A onto the end of letter N; as this request for money has come out of the blue I could do with holding off the DCA until I get some answers from Barclaycard.

Thinking about it; if I did owe anything on my old Barclaycard (of which I am still not convinced), it would have been definately nowhere near £1800, so a large proportion would be unlawful charges... As I have asked for all my statements already I could do with claiming any unlawful credit card charges from them.

 

Thanks

 

Chris.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

 

If there are charges on the account get a SAR into B'card and go for the reclaim.

[Breezico]

Cheers Curlyben,

 

I had the Barclaycard for years, up until selling my house in 2006, I suspect they may owe me quite a bit in charges, don't suppose they will have kept records upto 1992 when I opened the account.

 

I will send a letter just asking for a signed credit agreement straight away...

 

Thanks

[Breezico]

Hi all, I have slightly altered my letter to Lowell as follows:

 

With reference to the above agreement, I am unaware of any outstanding balance with the above creditors and therefore would be grateful if you would send me a copy of this Signed, Executed Credit Agreement.

I have submitted a Subject Access Request to Barclaycard for records of an account and am awaiting their response; in the meantime I acknowledge no such debt.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand that a copy of our credit agreement should be supplied within 12 working days.

 

I also understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you

 

Does that sound ok to you guys?

 

Thanks

 

 

Chris.

[slick132]

Hi Breez,

 

When using letter N, I would use it exactly as per template, adapted to suit your case. I would not add anything else onto it.

 

Also, have a read of this thread which you may find useful with some excellent input from PT2537 (site helper). You could use letters from there if you want. But do CCA request 1st.

 

Also consider reclaim of charges as well using SAR.

[Breezico]

Hi Slick,

 

How do I get to the thead you refer to?

 

Thanks

 

 

Chris.

[slick132]

Click on the link I put in para 2 of post #2 above.

[Breezico]

Hi Guys,

 

I sent the letter to Lowel and firstly I got a letter exactly the same as the first letter followed by one saying they are trying to get the original CCA, but that it would take a lot more than 12 days. The 12 days has well passed now. What should I do? If they haven't supplied the CCA in the 12 days or if they can't get it at all is that the end of the matter or will they keep harrassing me indefinately?

 

Please can anyone advise me.

 

Much appreciated.

 

 

Chris.

[Curlyben]

WIT and see what they have to say next.

The CCA clock is ticking and while they fail to comply they cannot enforce this agreement at all.

[noomill060]

Following on from CB and my own experience with Bcard, they may eventually (like months later) produce what they claim to be your credit agreement.

 

The likelyhood is that its simply a photocopy of your application form!

 

(ie: totally unenforceable, even by God)