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Lowell Financial (for BC)


Kefz
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Hi guys,

 

Was wondering if I could ask for some advice regarding an ongoing matter I have with Lowell Financial working on a debt from Barclaycard.

 

They got in touch a few months ago quoting a debt from Barclaycard. Just for a bit of history with BC, I did have a Barclaycard around 2004-2005 with a meager limit of £650 and also had Barclay's own payment protection charging around £13 a month. To cut a long story short, things changed and I was made redundant, suffered financial hardship and my repayments at the time were sketchy - when I tried to call on the PPI, I was told that because I was self employed part-time as well as in employed work, the insurance wouldn't pay out. This wasn't explained at all when I took the cover. During the saga, Barclays kept adding late payment charges, then overlimit charges, whilst their PPI side still continued to take their payments off the card, putting it deeper and deeper over limit. They didn't renew my card and left me with no way of managing the account. I left the matter with a phone call and never heard from them again.

 

Apparently Lowells have bought the debt, and after receiving their first letter which was admittedly very polite, I (possibly naively) sent a letter back querying the debt but not acknowledging it, and asked for a breakdown of what the -alleged- debt was. They wrote back with a strange 2 page sheet attached, which just seemed to be a basic monthly 'statement' generated from a database for a month in 2005, with no Barclaycard logo etc but there was explicit reference to late payment and over limit charges (£20 and £30), and then the PPI coming out in the same month.

 

I realised the gravity of the situation and sent them a CCA letter last week, asking for a copy of the original credit agreement, full statement of account, and a copy of the executed deed of assignment. They've replied today acknowledging receipt of my letter and saying 'we are requesting a copy of the agreement with the original lender' and also stating 'whilst we endeavour to reply to you with the required information within the prescribed 12 day period under the CCA, you will appreciate this is dependant upon receipt of the information from the original creditor'.

 

I'm assuming the appreciation they note above is rubbish since from what I gather the 12 days + 2 days service is a hard and fast rule, but if they do come up with the goods before Tuesday, what then? And if what if they don't, should I send them a template letter pointing out their default?

 

They're trying to claim £1700 but especially after seeing the so called statement they provided in the first instance, the thick end of this is just charges that Barclaycard added which are over the OFT prescribed limit, then there's the separate issue of the repayment protection being missold.

 

How should I proceed?

 

Many thanks in advance!

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They can produce the CCA at any time and seek to enforce it. In theory a month after the 12 + 2 days are up they committ a summary offence but the courts are unlikely to enforce agianst a DCA.

 

You could always SAR barclaycard to see what illegal charges have been added to the account and also claim back the monies paid for a missold PPI.

 

You do not need to have any further communication with Clownells until they respond to your CCA request

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  • 1 month later...

Just to keep everyone updated on this - I had a letter from Lowells a few weeks ago letting me know that they were having BC draw the CCA from 'archive' and expect it soon. They also commented that they were well aware of the timelimits, but 'hoped I would understand that it might take time to retrieve from archive', whilst at the same time offering me the chance to settle the dispute with a payment of around £800, complete with 2 reminders that if/when the CCA comes back, the offer will immediately be revoked and they'll be on for the £1700.

 

Well, the letter went on the 26th May and it'll be seven weeks this Monday (49 days - a week longer than required) that my CCA request went in, so it's time to close the issue.

 

Just wondering, is there a letter template around to use in order to close it, or does anyone know any key points to mention in the letter?

 

Thanks in advance once again, pleased that I've got rid of the stress of all of this.

 

Kefz

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Received a letter this morning from Lowells - pleasant letter, explaining they'd been in touch with BC who had advised them that the documents requested no longer exist and that they are closing their file and referring it back to Barclaycard.

 

I want this scrubbed off my credit file asap really, do I need to start getting in touch with Barclaycard?

 

Thanks again guys, appreciated.

 

Kefz

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