theformerdebtor vs Barclaycard **won** now sold to lowell **NO CCA**

[theformerdebtor]

Hi TFD,

 

Do you know if Lowells now own the debt. BC should have sent you a Notice of Assignment to confirm this.

 

If Lowells are now the owners, you have little choice but to deal with them as BC would have no further legal interest in the debt.

 

If there is no credit agreement, 10% sounds like a realistic target for a F&F.

 

 

 

Yes

 

I did received the Letter of Assignment at the time. It looks a bit dodgy to me. Has been sent by Lowell and the letterhead from BC looks weird to me.

 

I said BC cos I need to do something with the credit they left in my file too.

 

I was just thinking that if there is no agreement and is in dispute then they cant sell it or pass it to someone else. Is it?

 

Thanks

 

TFD

[theformerdebtor]

There is no mention of any charges or PPI in this thread.

 

Given what you have described, I would suspect there are charges from Barclaycard.

 

If the debt has been sold on - the charges cannot be used to offset any alleged indebtedness - and should be paid to you.

 

Did you pay any charges?

 

 

 

Hi Bang

 

You right. Like I said, I did try everything to get my agreement from BC to find out if there are charges and PPI.

 

There are some charges but like most of people in here said, and they right, that was my mistake cos I left money in my account and they took it. I couldn't do anything about that though. That's why I want to offer them 10% for F&F Settlement.

 

Thanks

 

TFD

[slick132]

Hi TFD,

 

I was just thinking that if there is no agreement and is in dispute then they cant sell it or pass it to someone else. Is it?

Although that may sound right, I think you're wrong.

 

You don't know for sure if there is no credit agreement. All you know is that they haven't sent you a copy but they're not obliged to produce it unless they want to rely on it for court action/enforcement.

 

There are some charges but like most of people in here said, and they right, that was my mistake cos I left money in my account and they took it. I couldn't do anything about that though.

What we've said is that BC were entitled to take money from your bank a/c to settle BC arrears.

 

BUT, if there were any default charges on the BC a/c (for late or missed pay'ts or over-limit charges), these can be reclaimed in full. If you don't have this data on old statements that you've kept, you can get statements going back 6 years by sending BC a SAR with the £10 fee.

 

So, if you think there are default charges on the bC a/c within the last 6 years, send BC a SAR to get the data.

 

[theformerdebtor]

Hi Slick

Thanks again

 

Although that may sound right, I think you're wrong.

 

You don't know for sure if there is no credit agreement. All you know is that they haven't sent you a copy but they're not obliged to produce it unless they want to rely on it for court action/enforcement.

 

I think that they have nothing to rely on, in court. They didn't produce it when I sent SAR with the £10 fee, or when the FOS asked for it.

More than this, its now more than three years since we disputing this and I think that if BC have a case they will take you to court asap, don't they?

 

 

What we've said is that BC were entitled to take money from your bank a/c to settle BC arrears.

 

I know. You are right. I didn't knew this at the time. That's why I said it was my mistake. I admit it.

 

BUT, if there were any default charges on the BC a/c (for late or missed pay'ts or over-limit charges), these can be reclaimed in full. If you don't have this data on old statements that you've kept, you can get statements going back 6 years by sending BC a SAR with the £10 fee.

 

So, if you think there are default charges on the bC a/c within the last 6 years, send BC a SAR to get the data.

 

I do have the statements from when I SAR them but to be honest don't really understand everything that's in there. I will try and squeeze my brain a bit more.

 

Thanks Slick

TFD

[theformerdebtor]

Although that may sound right, I think you're wrong.

 

I know that for sure, under the UK law, if the account is in dispute they cannot pass or sell the debt to someone else.

[slick132]

Agreed but, because they replied to your CCA request, the account may no longer be considered to be "in dispute".

 

This is why I referred you to the case of Carey v HSBC on the previous page.

 

In any event, try to work out what charges there are on the a/c from the data you have. If you are stuck, we'll try to help with this.

 

Reclaiming charges will be far more useful than discussing events that have happened and you cannot change.

 

[theformerdebtor]

Right........

 

Thanks Slick

 

I have checked in detail all the documents from SAR and in section "insurance details" is stated "no data present".

 

As for the charges there are a few for late payments and for going over the limit.

 

A bit stack now tbh.

[slick132]

Hi TFD,

 

Did you think there was definitely PPI on the a/c, or you weren't sure.

 

Have you put the penalty charges onto a compound interest spreadsheet, to see what the total of charges and interest comes to.

 

[theformerdebtor]

Hi Slick

 

I am not sure about the PPI. The account was open back in 2004.

 

Have you put the penalty charges onto a compound interest spreadsheet, to see what the total of charges and interest comes to.

 

No I didnt. I did try to do it but........i am a bit slow to understand how this works.

 

I will figure it out some how

 

thanks

 

ps: but what i know is that all they have about it is just a signed application form.

Edited May 5, 2012 by theformerdebtor

[slick132]

Hi TFD,

 

This is useful - http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

 

Enter the penalty charges onto this spreadsheet - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

Change the interest rate to 24.9%, enter the type of charge (late pay't; over-limit), the amount and the date. The spready will then do the calc's for you.

 

If you're still stuck, ask for help.

 

[theformerdebtor]

Good old Slick

 

I'l try that.......

 

Cheers

[theformerdebtor]

Isn't this just for bank acc?

 

or is for CC as well?

[slick132]

Hi TFD,

 

This is ONLY for CC a/c's.

 

Reclaiming on current bank a/c's is not currently a viable option.

 

[theformerdebtor]

Hi Slick

 

Thanks. Done.

 

Quite good amount of money already

[slick132]

So you're listing penalty charges but not PPI ?

 

How does the total compare approximately with the a/c balance.

 

[theformerdebtor]

Hi Slick

 

15% off the balance. Without PPI.

[slick132]

15% off the balance.

 

Well that's better than a poke in the eye with a blunt stick !

 

Read this thread, which should give you virtually everything you need - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Also read through some other BC **WON With Contractual Interest** threads here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

[theformerdebtor]

Thanks Slick

 

I am on this one for quite a while. Is similar with my situation. I am curious how it finishes. Is very interesting.

 

http://http://www.consumeractiongroup.co.uk/forum/showthread.php?258600-Full-amp-Final-Settlement-offer-advice-on-how-to-clear-asap&highlight=full+final+settlement+letter

 

I will move on them two soon.

 

Thanks

TFD

[theformerdebtor]

Hi all

 

Barclaycard sold the debt to Lowell.

 

Now, I am not sure who to send the letter (to claim back the charges) to: BC or Lowell.

 

Thanks

TFD

[slick132]

Send it to BC.

 

[Bang!]

Hi all

 

Barclaycard sold the debt to Lowell.

 

Now, I am not sure who to send the letter (to claim back the charges) to: BC or Lowell.

 

Thanks

TFD

 

BC sold the "debt" to Lowell - so they own the "debt" - but the original charges remain with BC.

 

As a result of the "debt" now being with Lowell, BC now cannot set off the charges against a "debt" they no longer own.

 

This does not mean that they will not claim they can!

 

How long is it since you actually made a payment to this debt or acknowledged its existence in writing, as with the way things are running on here it could be very close to being SB?

[theformerdebtor]

Thanks guys for the replies.

 

Last payment was back in 2009. Feb or march . I never acknowledged the debt since then as they failed to supply the credit agreement.

 

Thanks

TFD

[theformerdebtor]

NOW, my question is.....

 

 

 

If you send a letter against the unlawful charges or a letter fora full and final offer it doesn't meant that you acknowledged debt existence in writing?

 

thanks

TFD

[slick132]

If you send a letter against the unlawful charges or a letter fora Full and final offer it doesn't meant that you acknowledged debt existence in writing?

 

In my opinion, reclaiming penalty charges would NOT acknowledge the debt.

 

But making a F&F Settlement offer could do, unless you said something like:-

 

"I deny owing you any debt due to your inability to produce the necessary credit agreement or paperwork as required by the Consumer Credit Act 1974.

 

However, I am prepared to offer, Without Prejudice and without admitting to any alleged debt, the sum of £xxx in F&F Settlement of the alleged debt."

 

In your case, as you last paid in early 2009, the alleged debt would not become Statute Barred for another 2 years and 9 months.

 

[theformerdebtor]

I thought so...

 

Thanks Slick