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HammyUK v Barclaycard


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  • 3 months later...

Letter today from Barclaycard - "introducing" me to Lowells.

 

"Dear Mr HammyUK

 

We hereby give notice of the assignment of the debt due to us from you in respect of the balance of £****.** outstanding on your Barclaycard account.

 

On 30/06/2010 your account was sold to Lowell Portfolio I Ltd.

 

Any further communications and payments must therefore be addressed to Lowell Portfolio I Ltd:

 

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Yours blah de blah de blah...........

 

 

Then there is a second sheet from Lowell with a reference number and "pay us now", etc...........

 

So is this legit? and if so do I start again with the letters - proof, CCA, failure to supply, failure to comply with SAR/DPA, etc, etc, etc............

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Hi Hammy,

 

I would write to BC and ask why they have sold the a/c to Lowells whilst it is in clear dispute regarding their failure to respond to your SAR. Tell them they have 7 days to respond with your data or you'll file a claim at court to seek disclosure.

 

Tell them you will also lodge formal complaints with the ICO and the FOS.

 

If Lowells contact you further, send them a copy of the letter to BC and tell them to back off or you'll formally complain about them to the FOS too.

 

Any joy on the PPI front.

 

:)

  • Haha 1

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Nothing on the PPI - they have sent nothing other than DC letters and the latest "sale" letter.

Will draft a letter today RE the sale - have done one for Lowells last night.

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  • 2 weeks later...

So LOwell have now placed an entry on my file - BUT Barclaycard HAVE NOT removed theirs.

The ****'s have put the entry with £1 difference on the amounts but with the same default date.

Experain are being twits - "we have complied, we have verified the information, and we have picked our noses................"

Hiding behind the very legislation that is supposed to protect us.

Edited by slick132
(nearly) swearing edited
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Hi Hammy,

 

Did you send the letter to BC objecting to the sale to Lowells while the a/c is in dispute.

 

You should perhaps remind BC of the case of Kpohraror v Woolwich if they fail to remove the default immediately. Send a copy of the letter to Lowells telling them they will be cited as co-responded in any court action you take for damage to reputation caused by their registering the Default while the a/c is in clear dispute.

 

Perhaps also compile a brief complaint to send off to the ICO and/or the FOS.

 

:)

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Haven't had chance to send BC the letter yet as off with the kids not being at school.

That will be interesting to include in the letter.

What exactly was the case about? Would it be worth putting that into the Lowell letter instead of the BC?

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If you Google the case I showed above, you should get various summaries to read through as well as the entire ruling.

 

In essence, a business man claimed his reputation was damaged by the bank's action of bouncing a cheque when they should not have done. He was compensated.

 

The reality is that you are unlikely to take such action but it may just get the bank and their cronies to back off and take note of what you're saying.

 

Send the letter to BC and a copy to Lowells.

 

:)

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  • 3 weeks later...

Had Lowell's ring yet again tonight and just for the hell of it I had a chat. ;)

Lets just say they were a little skittish when they realised that there was TWO reports on my file. :eek:

A quick recap of all the facts - cca/sar non-compliance, PPI mis-sold and not repaid, rather a lot of action on disputed account, various dc's, etc. :mad:

So the account is off collection, into Admin, and they are supposedly going to ensure I receive ALL the info originally requested and if the PPI gets calculated properly then BC/Lowells owe me big time.:p

Might settle for both defaults to be removed and a small "recompense" for my time and "loss of character".

Then again - I might not, depends on how nice they are...............:cool:

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  • 8 months later...

Right guys - update time.

 

NOTHING for months and months until this morning's post.

A letter from Lowells stating that neither they or BC know of any reason "why payment is being witheld" so cough up immeadiately.

Stapled to the back is a copy of the APPLICATION FORM - not an agreement and what is also on there is a big fat X in the box that states "I do not want PPI".

They have never ever complied despite multiple letters to them and Lowells for the SAR or CCA. I've given up complaining because BC never reply and Lowells just come back stating that BC say there is no issues as they have "complied" - which everyone dealing with them knows is b*llocks.

 

So I will fire off a letter to Lowells as they "apparently" have assigment (which I have never seen) and politely mention the failure of the CCA and SAR, giving them a timescale in which to find their arse so they can remove their head from it and look for the missing paperwork seeing as the "application" they have provided clearly shows no PPI asked for to the point of the X being in the "Bog Off" box!

 

So how long should I give them? and should I use the LBA template or another?

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Hi Hammy,

 

There have been such long breaks on your thread, I think you need to review your case from scratch.

 

Read Link No4 in my signature about how a bank may comply with a CCA request. It may be that they have done all they need in response to your request, and they are therefore free to resume collection.

 

Have you still not had a reply to your SAR.

 

When was it originally sent and did you send reminders.

 

It may well be time to start court action for SAR Non-Compliance.

 

Do you have ANY data about either penalty charges or PPI.

 

8-)

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Hey Slick - long time!

 

As for compliance - Barclays have "technically" complied with a reconstituted blank photocopy back around june 09.

Sent letter for non-compliance and got the usual "Sec... allows us and go away".

Another letter to them politely reminding them that whilst Sec blah "MAY" allow them to do so,

BUT

1. the account is in dispute for charges added,

2.the account has mis-sold PPI and as such any outstanding balances are incorrect and therefore in dispute.

3. the account then proceeded to have numerous collection activities on it over a 18 month period.

4. the account was the "sold" to Lowells BUT no assigment notice was sent to me, only a letter from Lowells stating to contact them to "discuss payment options".

5. Lowells have been reminded of ALL of the "problems" in letters and several recorded calls and a complaint gets opened which is then closed after Lowell have "spoken to BC and the information provided by BC has resolved the dispute".

6. nothing has been heard for quite a few months since the last call to them before xmas until todays letter stating that "BC and Lowells know of no reason for witholding payment so cough up now".

7. During the last contact with Lowells they were reminded of the failure of the CCA and SAR by BC and were rather apologetic and said they would "request the information from them on my behalf".

8. Stapled to the letter today is the first and only document from BC with any personal info or signature on it. An APPLICATION FORM with a BC slip attached, on one side only, shrunk slightly with NO prescribed terms, NO APR, NO Interest Rates, etc. It has the "usual" rubbish above the signature that "this is a Credit Agreement regulated by the Consumer Credit Act 1974" and a load of VERY SMALL print under that that is unreadable.

This is definately off Microfiche as you can see the file number along the bottom away from the actual form area.

Bearing in mind that this was taken out IN BRANCH - there is no signature from the Manager just a barcoded sticker across most of the section under the "This is a ....." section meaning that you can't read any of that anyway.

9. The killer is the fact that the section for PPI has a big fat X in the section that says "NO THANK YOU". Yet they applied it, took, it and then told me to bog off as I wasn't covered and never would of been either under employment (director - so T&C say self-emolyed although letter from HMRC says otherwise) and due to the injury I received being "Too similar" to a previous injury so not covered (detached neck muscles and damaged shoulder in 08 apparently the same as broken lumbar vertebrae 20yrs ago).

 

Sooo............. what to put in the reply letter as talking to this lot is useless now.

I'm considering that it may be time to head towards an LBA aimed at Lowells as they have purchased the debt from BC.

What's your recommendation Slick?

I haven't even started on the PPI calcs as haven't got the statements AND the default amount INCLUDES charges so technically its incorrect and illegal.

 

If you think this is daft - you should see what Egg have managed to pull of................

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Hi Hammy,

 

I think you should now send BC a SAR Non-Compliance LBA enclosing a copy of your original request and any subsequent reminders - http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters

 

Send a copy of this to Lowells telling them to postpone all collection activity until BC supplies the data to which you're entitled.

 

I assume you used a Site SAR and enclosed the £10 fee. Can you check if this was encashed by BC.

 

Whilst awaiting their reply, read up on court action for disclosure of your SAR data.

 

There's no point in pursuing the credit agreement as they've probably supplied enough to fulfil their CCA request obligations.

 

8-)

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  • 4 weeks later...

Cheers Slick - they (via Lowell - last month) sent an application form that was done in branch but thats it - no T&C's or prescribed terms, etc.

Now Lowells have "passed" it to Red yesterday so they have had both barrels via a recorded call - outlining all of the breaches, failures, etc and giving them 21 days notice to remedy it.

I will be doing a LBA next week to them all, mentioning the call to them and the fact that they have X days left, etc.

The PO was cashed back in 2009 by BC along with the £1 for the CCA which never materialised either.

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