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    • Hi   With a SAR all you have to do is ask for 'ALL DATA' (this way it does not matter what format they hold that data whether it be digital, email, telephone calls (recorded), written etc).   They then have 30 Days to comply once they have acknowledged your SAR Request (that is unless they require ID Verification) which the 30 Days time limit does not start until they have verified your ID if requested)   Also can I add in DHL response in post#36 I hate it when any Company/Business etc. has the nerve to use the get out clause of 'Human Error'.    This is not the case as it was 'Maladministration' by DHL' not 'Human Error' as stated to you, irrespective of who/which employee of DHL made the 'Human Error' the buck stops with DHL as who/which employee made that error was Employed by DHL.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following:     1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx          
    • I passed on the article and link to friend. Between us we will now try get the required info to the correct location so that they (whoever in the Govt) can sort out what he is owed. I will keep you updated.  This thread may help others in similar situations. Ethel Street - very helpful research.  Thank you.  Seems like you came up trumps!
    • numerous erudio/drydens claimform threads here already - use our search top right.   your appears to be statute barred as you've never heard of erudio so would not have deferred since your last direct deferment to SLC in 2013    if you wish to bother to even send CCA/CPR that's upto you but the bottom line is to erudio you've ignored everything to date yoy might also ignore a claimform.   but ofcourse you are not!!   if the above is true   pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked   goto the defence filing section  file the following: 1 The Claimant's claim was issued on (insert date).  2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.  . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. .  3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied. .. ..ends..   dx      
    • Well I would want my £50 back also but hey ho if your satisfied its been resolved.....there was no way you could ever be liable anyway as your contract was with TC not RC.   Thread title updated.   Andy
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abs66

lowell Financial saying i owe Barclays

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Hi,

 

I'm very sorry if this is in the wrong place or it is a stupid question but I have looked and looked round the site and this is the nearest thing to my problem but Im still confused :confused:

 

I have had a letter from lowell Financial saying i owe Barclays £1373.73. I have told them in the past that I do not know what this amount represents and asked them to clarify the matter, as branches of Barclays say they cant help as its in Lowells hands!

 

They have ignored my request for clarification, so does anyone know what I can do next?

 

I assume this relates to my old Barclays Current account which I had a £600 overdraft facility with.

I cannot remember how much was owing if any on the overdraft as I did not receive a last statement from Barclays.

If I do owe money on the overdraft I will sort out an amount to pay but I am not going to blindly start paying just because they say I owe 1300 odd quid!

 

Thanks for any help or advice any one has.

 

Kind regards

 

Abs

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Hi, abs66.

 

I've used your post to start a new thread.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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Letter to Lowell.

 

Date:

 

Recorded mail.

 

Your reference:

My reference: Matter in dispute.

 

Dear Sirs

 

I have asked you to clarify what this alleged debt is for. You have failed to answer me.

 

You will notice I have put the matter in dispute. Hence, until such time as you answer my questions as per the OFT Guidelines you are not allowed to try and collect but must seek to answer my questions.

 

(Note: google OFT Guidelines and check out the ones that refer to Unfair Trading and see which ones apply regarding debt in dispute). Then list them like this:

 

As per the OFT Guidelines, your not answering to my queries you are now in contravention of:

 

Section X

X.y (Write what it says)

X.z (Write what it says)

 

My questions are:

 

(List your questions).

 

I await your kind reply. Please note that as of today you are not to contact me by phone but solely in writing.

 

Yours sincerely


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Note: As you have now put the matter in dispute they cannot try to collect until the dispute is sorted.

 

In the meantime, as well, under seperate letter and seperate envelope (do not put the two letters in one envelope but post seperately and also make sure you post recorded mail so you have proof), send this letter (Your address should be either in the middle of the page or to the right of the page:

 

Mr X XXXXXXXXX

123

XXXXX Road

XXX

XXX

MM11 2BS

 

The Data Controller

Lowell Portfolio 1

Make a scramble street

On toast town

BU11 2NN

 

xx/xx/2009

 

By recorded mail.

Your ref:

My ref: Debt under dispute

 

Dear Sir/Madam

 

Ref: Account number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

My name, written out but not signed.

 

Send a postal order of £1. They have 14 days to send you a copy of the credit agreement this debt is supposed to be about.


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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overdrafts are not covered by the CCA.

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me thinks you need the prove it template or the bemused one

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Hi,

 

Overdrafts have part V exemptions (form and content) from the Act. This does not mean that they are exempt from the Act. The credit agreement would be in the form of a letter from the bank stating the amount of credit, the APR, charges and cancellation rights. This type of agreement would not be signed by the debtor.

 

If they have ignored your 'prove it' letter.

 

 

I'd send a SAR to Barclays, this will let you know the score regarding payments made ect, also let you know how much you can try to reclaim in charges.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Must have not read the original post correctly. I thought it was about a "simple bank debt owed". (Deeply involved in another issue on here so (I no my fault) somewhat distracted).


If I have helped you or made you laugh by some witty remark and brightened your day................ the scales to click are over to your left hand side. :D:D

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Thanks so much guys, I will start trying what you suggest and see where it gets me.

 

I can only assume that charges must be involved somewhere in this equation so I will obviously have to deal with that issue when/if it arises.

 

If they ignore me yet again, what can I do about it if anything? Do I just have to wait another year until they try it on again and send the same letter again?

 

Kind Regards

 

Abs.

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