Lowell/barclaycard and my credit file

[hamilton669]

A few years ago i was given some poor advise from lloyds, i had a loan and a couple of credit cards and was advised to consolidate but was also told not to include one of the credit cards (BarclayCard £1800) as it was currently interest free and to return to the bank when it started to incure interest and have it added to the loan, as i had no intensions of getting anymore credit this seemed like a good idea.

 

Upon returning to the bank was told that there was no way in hell it would be added and i shouldn't of had a loan in the first place, completely to my surprise as my credit rating was perfect.

 

Ended up being left with large loan payment and a large Credit Card payment.

 

I tried as best i could not to default but with over half my income going out on these two payments i ended up getting more credit cards to pay for day to day items.

 

eventually it all came to a head.

 

Now i have 7 creditors (all of which are DCA) which i make token payments to all arranged through the CAB.

 

One company hasn't made contact for sometime so was advised to just let them be.

 

But now to the main point LOWEll

 

As it stands i have a balance of £2519 with barclaycard and have had no contact with them for a while,until being contacted by lowell claiming they have bought the debt.

 

Contact was first made by a very rude phone call demanding payment at which point i said that the payment would remain the same as it was before just a token payment until further notice as this is all i was in a position to offer. After the call became some what heated i informed lowell that if this offer wasn't good enough they could always take me to court at which point the payment would be the same as i was offering or they could push for bankruptcy at which point they get nothing.

 

This seemed to work and i was asked to send a financial statement which i did my offer was accepted and i recieved a standing order mandate i returned it and thought that was an end to it.

 

Untill getting a letter saying i had defaulted all though the money had been taken from my account, this made me suspisious and thats when i heard about the watchdog thing and found this website.

 

I have since cancelled the standing order not sure if this was the right thing to do.

 

When i've checked my credit file i have default notices from barclaycard and lowell for the same debt, Is this possible?

 

Surely the barclaycard one should of been cleard if lowell have bought the debt and i noticed that lowell performed a credit check sometime ago are they allowed to do this (if they haven't actually bought the debt) ?

 

Is this some kind of breach of the data protection act?

 

Do i send a CCA? should i contact barclaycard first or send them a CCA?

 

I had a really rough time when all this first happened i really don't think i can take it again, I could of gone bankrupt years ago but the debts mine and i should pay it back, but i'm starting to wonder why bother.

 

The threats and phone calls all hours really grind you down.

 

Any help or advise would be very appreciated.

[cerberusalert]

You should SAR Barclaycard to see what charges there are with a view to claiming them back.

 

CCA Lowells to see whether there is an enforceable agreement.

 

Contact the credit reference agencies and tell them to remove the later defaults. Only one default can be registered against a debt.

[hamilton669]

Thanks for that,

 

Should i do the same with my other debts? i have,

 

cabot for a capital1 c/c £518, which has always seemed above board.

 

Debt managers ltd/Apex, one for a lloyds loan (for roughly £5500 thinks there's been alot of charges added to this one) the other for a £800 overdraft which i think is about £1000 now with charges. There's no reference to these 2 on my credit file.

Well there is from when i owed lloyds the money but they are down as settled now on my credit file.

 

There's also a lloyds c/c £1,025 which is down as default on my credit file but i haven't been contacted about this debt by anyone.

 

There is also another default from barclaycard which i think is from when i had a monument c/c this is the account i was advised to leave alone.

 

Would SAR ing all these be a good idea? or CCA?

[cerberusalert]

A CCA request to the DCAs would determine two things, the first to see whether there is in fact an enforceable agreement in place and the other if the DCA has the right to collect.

 

Obviously if there isn't an enforceable agreement you could stop payments anyway, but if it is enforceable you can then go down the SAR route with the original creditor with a view to reclaiming unfair charges.

 

A CCA cannot be used for overdrafts as they are not covered as such, but you can certainly send a SAR.

[cerberusalert]

There's also a lloyds c/c £1,025 which is down as default on my credit file but i haven't been contacted about this debt by anyone.

 

I wouldn't do anything with this one just yet..."let sleeping dogs lie" as they say.

[hamilton669]

Well i'm on my way to the post office now to cca all my creditors so i can hopefully at least get an idea of who i owe what and what i owe.

 

Will let you know what happens

 

Debt managers ltd/Apex, one for a lloyds loan (for roughly £5500 thinks there's been alot of charges added to this one) the other for a £800 lloyds overdraft which i think is about £1000 now with charges. There's no reference to these 2 on my credit file.

Well there is from when i owed lloyds the money but they are down as settled now on my credit file.

 

Still a little confused about these not being on my credit file, finding it difficult to get an address for either of these people, the only info i have is their name and a ref. number from a standing order i have to each of these place.

 

I am very grateful for the help

[hamilton669]

Have the address for both of these now, have emailed apex stateing ref number just to find out which account this is for before sending cca,

because one of these is an overdraft (which i now know cca doesn't apply).

 

I emailed experian about having 2 defaults for 1 debt not heard anything yet

 

but did notice this on my credit report

 

Lowell credit check 25/09/2008

 

Lowel default 09/11/2008

 

Barclaycard default 04/01/2009

 

bearing in mind lowell say they bought the debt from barclaycard how have barclaycard defaulted me after lowell

[cerberusalert]

We'll see what's what when you receive the CCAs back, but Barclays shouldn't have registered a second default.

[hamilton669]

Well all letters have been signed for today, have to say i'm a little nervous and got this back from experian.

 

 

Thank you for your email, which we received on 14 February 2009.

 

In view of your comments about the default recorded by Barclaycard, I am writing to them for you, as I cannot amend your report without their consent. While I investigate your comments, I am adding the following statement to the information you have queried.

 

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

 

I will let you know what they say as soon as they reply.

 

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

 

An "Unrecorded Enquiry" does not indicate that the search was made as the result of a credit application, but reflects that the company has searched your report for other purposes. This type of search can be done without your permission. This type of search is not seen by other credit companies when they search your report and this does not affect your score.

 

Kind regards

[cerberusalert]

They know that there shouldn't be two defaults so they are giving Barclays the chance either to remove it or give reason why it should be there.

[hamilton669]

But what if barclaycard can justify the default, where would i stand with Lowell.

[cerberusalert]

One or the other has to be removed, it is against guidelines to have two defaults on one debt.

 

If they refuse you can make a complaint to the Information Commissioner https://www.ico.gov.uk/Global/contact_us.aspx

[hamilton669]

Well since the hassle with Lowell i decided to sort out my other DCAs

 

As mentioned before i had 2 standing orders set up with Debt managers ltd and Apex but not to sure which debt these apply to

 

All i have on the standing order is a ref no. so rang Debt managers they confirmed it was for my lloyds loan then rang Apex they have no idea nothing comes up for my ref no. or my phone number or my address.

 

Could i have the wrong company?

 

I've cancelled the SO

 

Im really getting myself confused

 

my debts are (on CRA) who is collecting

 

Lloyds loan 5500 (settled) debt managers

Lloyds c/c 1025 (default 01/2009) Apex?

Lloyds o/d 1000 (not on) ?

Monument/barclays 464 (default 03/2007) ?

barclaycard 2519 (default x2) Lowell

Capital 1 518 (default) Cabot

 

 

No sign of Debt managers/Apex on my Credit report

No sign of the debt for lloyds overdraft at all, possible apex could of been collecting for this not the c/card

No contact about the monument card

Defaulted by barclays and lowell

cabots ok missed payment so they cancelled repayment plan and defaulted me but back on now

 

Have sent CCA to lowell and sent CCA and SAR to barclaycard is there anything else i should do?

 

What should i do bout Apex?

[cerberusalert]

Well your SO must have been going somewhere so no doubt whoever it was they'll be in touch......as long as it wasn't for your t.v licence

[hamilton669]

What letters would i send and where would i send them to claim back charges?

 

as my bank loan was 4500 and i had paid it for a while before defaulting but now its 5500

 

and i'm sure the the limit on my Cap1 was only 250 but now paying over 500 back to cabot

 

This whole thing is gonna drive me mad i've never been known for being patient

[cerberusalert]

Have a read through General - The Consumer Forums regarding reclaiming bank charges.

[hamilton669]

At the time i cca'd barclays and lowell i sent one to cabot too, today i got a letter (which i think is there normal response) saying,

 

We acknowledge receipt of your letter etc,

 

The Cabot Financial Group is not obliged to provide this information but we are pleased to help,

 

Cabot Financial does not accept the statutory fee required (and have returned it)

 

They have contacted the original lender(Capital 1) and should be able to provide this information within 12 days, if they think it will not be in the time limit they will write to me again.

 

What should i do now?

[hamilton669]

just a thought on claiming charges

 

up until i contacted all my OC years ago to inform them i couldn't afford to pay anymore i had never missed a payment or been late, i then made arrangements to pay smaller amounts which only lasted for about 6 mths or so since then i've only made the token payment of £1.

 

so regarding claiming back any charges would i be claiming them back or just having them removed from the balance.

 

Example when i defaulted with Cap1 i owed £250 i've probably repaid maybe £50 since but im now repaying £518 to Cabot so surely i couldn't claim £300ish in charges when i've paid back so little i assume they should just be removed from the balance.

 

(the extra would have to be charges as Cap1 agreed to freeze interest)

 

I assume Cabot can't apply interest since i never borrowed anything from them:confused:

[cerberusalert]

Cabot are talking complete bollox as usual. They know exactly what their legal responsibilities are and what the time frame is. If they fail to supply the required CCA within the 12 + 2 days or the CCA is unenforceable you can then send the 'in dispute letter'.

 

Any charges that are refunded will be deducted from the balance of the account. If there is an excess you would be entitled to the remaining amount. You can claim back charges for a period of up to six years, please note though it will not be all charges, only those which are deemed unfair.

 

No Cabot cannot add charges unless said charges are specified within your agreement, which usually they're not.

[hamilton669]

Thankyou i'm really grateful for the help

[hamilton669]

Ok got 2 letters from lowell today both exactly the same other than the dates

 

20/02/2009

22/02/2009 (sunday)?

 

Anywho, they say

 

we are in receipt or your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974.

 

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 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.

 

we will advise you further if it will take longer than the prescribed period.

 

 

 

Am i right in thinking this is Lowells usual bull?

[cerberusalert]

It's Lowell speak for;

 

"we haven't got a copy nor do we think our client has an enforceable copy either. If we find that we're stuffed we'll contact you with a fantastic offer of 50% discount or more if you settle the account. Failing that, we'll either send the account back to our client, or more probably close the account because it is one of many thousands which we bought which are totally unenforceable."

[hamilton669]

Well i've still not heard anything, haven't had anykind of reply from barclaycard(only one more week until they default).

 

Experian haven't heard anything from barclaycard in response to having 2 defaults for the 1 debt.

 

Also noticed that lowell have me down as defaulting on 03/2007 yet barclaycard (OC) 08/2007 are these people mad?

[cerberusalert]

If they had semtex for brains there wouldn't be enough to part their hair if it exploded.

[hamilton669]

Just to add to things, i had a car accident in november (wrote it off).

 

Insurance refused to pay out, car was a previous Cat D, was unaware it was a promblem.

 

Just got a fine today from the DVLA for not SORNing it, didn't know i had to do that either .