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

[theformerdebtor]

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.

 

 

 

Hi Slick

 

Why should I change it to 24.9% and not leave it as it is, 29.9%?

 

Thanks

TFD

[slick132]

Experience has shown that BC repay the nominal 24.9% when they realise you're prepared to take the case to court. Others have claimed 29.9% and been paid too.

 

I personally believe that the 24.9% would be more easy to justify to a judge as a reasonable rate for restitutionary damages. And bear in mind that any court claim could end up in court for a hearing. It's not usual with BC but it has happened in the past.

 

Of course, if you had an MBNA card that normally charged 34.9% APR, you would be justified in claiming interest at, say, 45%.

 

[theformerdebtor]

Thanks Slick

 

 

 

 

 

[your address]

 

[their address]

 

[DATE]

 

 

letter before action (Delete if this is your Prelim Letter)

 

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £XXXXX plus £XXX which you have charged me in interest for the sums which you have taken. Total £XXXXX

Additionally, you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction oramendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

[signature ]

 

[print name]

 

 

 

 

I've got this template from the library.

Something doesn't sound right (please see the red phrase) as there in no contract or any agreement between the parties.

 

Thanks

TFD

[slick132]

Changes are needed because you're claiming interest in restitution. There is a contract between you and BC are supposed to treat you fairly at all times.

 

The letters should be sent to Barclays HQ in London and see here - http://www.consumeractiongroup.co.uk/forum/showthread.php?173450-Use-the-right-name-when-Filing-against-BC&p=1871443&viewfull=1#post1871443

 

If you want a default removed, include the DN paragraph. If not, omit it :-

 

Dear Sir/Madam,

 

CARD/ACCOUNT NUMBER: xxxxxxxxx

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees and over limit charges, are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £XXXX in penalty charges and I claim £XXX as interest in restitution as shown on the enclosed Schedule of Charges. The total is £XXXXX and I now require repayment of this amount in full.

 

Additionally, you have entered a default notice against my credit record. This default included unlawful charges levied by you, or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full and removal of the default notice. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

[theformerdebtor]

Thanks again Slick.

 

Cheers

TFD

[theformerdebtor]

Ready to be send.

 

Thanks Slick

TFD

Edited July 7, 2012 by theformerdebtor

[theformerdebtor]

Hi all

 

This was and it will always be a long battle. After many years of threatening letters from all possible and impossible debt collector agencies here comes the top of the cake.......

 

Hello BRYAN CARTER SOLICITORS!!! here is the letter

 

 

 

Dear Sir

 

 

We have been instructed by Fredrickson International LTD on behalf of Lowell to issue court proceedings on 14 oct 2013 if payment of this debt is not received by us by that date.

 

If proceedings are issued, solicitors costs, court fees and interests will be added to the amount you owe and will be enforced against you if a Judgment is subsequently obtained.

 

You must contact us on 0845............ to make payment before 14 oct 2013 if you wish to avoid the matter going to court.

 

Payments can be made by a variety of different methods. Full details can be found on the reverse of this letter. You can also manage manage your account online at http://www.bryancartersolicitors.co.uk.

 

A Judgment Order (CCJ) will remain on the Register of Judgments debts for a period of 6 years and may affect your ability to obtain credit in the future.

 

This matter has now reached a stage where you may want to obtain independent legal advice.

 

 

 

you sincerely

Bryan Carter Solicitors LLP

 

 

I know that they cannot provide a valid credit agreement. I am pretty sure there isn't one

any thoughts will be appreciated

Thanks

[slick132]

Hi TFD,

 

What stage have you reached in the reclaim process.

 

If you have taken the matter further, you should inform Mr Carter that the a/c is in clear dispute due to the reclaim process and that any collection activity would be a breach of The OFT Debt Collection Guidelines.

 

[theformerdebtor]

Hi TFD,

 

What stage have you reached in the reclaim process.

 

If you have taken the matter further, you should inform Mr Carter that the a/c is in clear dispute due to the reclaim process and that any collection activity would be a breach of The OFT Debt Collection Guidelines.

 

 

 

good old Slick

how are ya?

thanks for your reply

 

I've got nowhere at the moment. I didn't answer to any letters that they have send to me, for ages. You know that they ignore absolutely any letter that you send.

But this is a good idea to send a letter like that. Just to see their reaction.

 

thanks

TFD

[slick132]

Hi TFD,

 

Please confirm, is this about the BC a/c or your Barclays bank a/c.

 

If you are not going to send off the reclaim letter, don't tell Carter that you have done so. I think you need to take the threat of court action seriously.

 

I suggest you update your spreadsheet. Then tell us roughly how the reclaim amount compares with what you still owe to BC (assuming this is what Carter has written to you about.

 

[theformerdebtor]

Hi TFD,

 

Please confirm, is this about the BC a/c or your Barclays bank a/c.

 

If you are not going to send off the reclaim letter, don't tell Carter that you have done so. I think you need to take the threat of court action seriously.

 

I suggest you update your spreadsheet. Then tell us roughly how the reclaim amount compares with what you still owe to BC (assuming this is what Carter has written to you about.

 

 

 

sorry Slick

 

I mix them up a bit. Is about BC a/c.

 

This acc was sold by BC a long time ago. BC didn't supply much info about it when I asked (SAR) them. With the help of the Ombudsman they sent me a signed application form instead a signed Credit Agreement. The Ombudsman himself sent it to me.

 

Is about 5g.

[theformerdebtor]

I think that I need to open a new thread about this in BC section. This is a bit mixed up now.

[slick132]

Open the spreadsheet and let us know the approx value of the reclaim of charges and compound int't.

 

[theformerdebtor]

Open the spreadsheet and let us know the approx value of the reclaim of charges and compound int't.

 

 

thanks Slick

 

You meant the charges BC a/c applied to the account?

From when the acc started or since I inform them that the account is in dispute due to their failure to provide a copy of the executed agreement?

 

cheers

[slick132]

Hi TFD,

 

Keep to this thread for now. I've just reviewed the thread and can comment better.

 

When did you last make a payment towards this BC debt, or acknowledge the debt in writing.

 

You prepared a spreadsheet showing all the default charges and compound interest at 24.9%. If you open that spreadsheet now, it will show interest up to the current date. Please say roughly what the charges and the interest figures are.

 

I suggest you send a CCA request to Mr Carter using the usual letter. In that letter, you can also confirm the a/c is in dispute because of unlawful penalty charges.

 

Edited October 13, 2013 by slick132
typo

[theformerdebtor]

When did you last make a payment towards this BC debt, or acknowledge the debt in writing.

the last payment was back in feb 2009. Since the last payment I never acknowledge it in writing.

 

 

You prepared a spreadsheet showing all the default charges and compound interesticon at 24.9%. If you open that spreadsheet now, it will show interest up to the current date. Please say roughly what the charges and the interest figures are.

I've got that, yes. It shows £845.6 up to date. I feel like I missed something on that. I've only put the "late payments" and "exceeded limit" on it.

 

 

I suggest you send a CCA request to Mr Carter using the usual letter. In that letter, you can also confirm the a/c is in dispute because of unlawful penalty charges.

first thing 2moro morning Edited October 13, 2013 by slick132
typo in my last quote

[theformerdebtor]

I suggest you sent a CCA request to Mr Carter using the usual letter. In that letter, you can also confirm the a/c is in dispute because of unlawful penalty charges.

 

 

how about this one? with a £1.00 cheque enclosed?

 

 

 

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

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. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

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

I 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.

Yours faithfully

Edited October 13, 2013 by theformerdebtor

[theformerdebtor]

or this one?

 

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Barclaycard and has been since xxxx.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to Barclaycard for resolution of these defaults and breaches, as your company cannot lawfully pursue any enforcement activities.

If you company chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

 

Yours faithfully

[slick132]

Hi TFD,

 

I've got that, yes. It shows £845.6 up to date. I feel like I missed something on that. I've only put the "late payments" and "exceeded limit" on it.

 

What do you mean, "I may have missed something" ? All you can reclaim are the penalty charges they levied for late or missed payments, or for being over-limit, or if they charged a fee for letters about being Out of Order on the a/c.

 

[slick132]

As regards which letter to send, I would send them both in the same envelope.

 

[theformerdebtor]

As regards which letter to send, I would send them both in the same envelope.

 

 

nice one.

 

 

I just gotta make sure who to send them to, as....

 

Lowell got the debt from BC

Frederickson is Lowel's the debt collector and

Bryan Carter are Fred's solicitors

 

 

 

thanks

Edited October 14, 2013 by theformerdebtor

[theformerdebtor]

Hi TFD,

 

 

 

What do you mean, "I may have missed something" ? All you can reclaim are the penalty charges they levied for late or missed payments, or for being over-limit, or if they charged a fee for letters about being Out of Order on the a/c.

 

 

 

When I stopped payments as the account was in dispute, BC keeps sending statements showing the "minimum payment" each month. Money which then BC added on the following month statement as new transactions on the account.

[slick132]

Hi TFD,

 

As long as your spreadsheet includes all penalty charges levied before the a/c was closed or sold on, that's fine.

 

The spreadsheet should be sent to BC with the Prelim Claim letter to start the reclaim process.

 

[theformerdebtor]

Hi TFD,

 

As long as your spreadsheet includes all penalty charges levied before the a/c was closed or sold on, that's fine.

 

The spreadsheet should be sent to BC with the Prelim Claim letter to start the reclaim process.

 

 

 

Hi Slick

 

Thanks

 

I am sure that they will reply with the usual letter that said the charges were not unfair

But will take it from there then.

[slick132]

Use this as the Prelim Letter and as the LBA, in due course - http://www.consumeractiongroup.co.uk/forum/content.php?562-Credit-Store-Card-Letter-Template