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dundeelaw

Littlewoods Personal Finance (Barclaycard) **WON**

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Has anyone had any success with LPF (Barclaycard) in relation the enforceability of their Credit Agreement?

 

I have applied for it and received a copy of the Application for Credit along with a current copy of the Terms and Conditions, not the ones from 2004 when I opened it. The new T&C's mention the £12 Charges they levy, but when I opened this account, they were £20 as I have had a few.

 

I then asked a Claims Management Company to apply for me and 1 week later, Barclycard sent me the same copy of the Application for Credit and a copy of the Current terms and Conditions.

 

I am currently in the Court Process to recover my Charges. I live in scotland but have access to a Basingstoke Address so sued through moneyclaim. It was originally stayed as the court wrongly believed it was regarding Bank Charges but I got the stay lifted and it was transferred to Basingstoke County Court.

 

I recieved the Allocation Questionnaire, filled it up and asked for the defendants to send me a copy of the Original Credit Agreement on the any other infornmation box. I also put that I live in Scotland and would be difficult for me to travel down to Basingstoke and asked if the Judge could hear the case in my absence).

 

Low and behold, I must have got a sympathetic Judge who transferred the case to Newcastle-upon-Tyne County Court, the nearest court I could get to.

 

A few days ago, I get a letter from Barclaycard saying that I have not complied with the Default Notice they served on me. I have written a strong worded letter back along the lines of:- "For me to comply with your request, you would have had to send me the Default Notice in the first place and asked them to provide me with the Royal Mail/Courier Tracking Number to verify that I receivefd it."

 

Also I mentioned to them "As a Courtesy, I have forwarded a copy of your latest letter to the District Judge at Newcastle-upon-Tyne County Court".

 

I sent the letter yesterday so here's hoping I get a refund before the court date. I will then pass on the Unenforceability of the Credit Agreement to a Solicitor who is going to take them to court if they cannot provide it.

 

I want to know from my fellow members if they have had any success with their Credit Agreements.

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Hi Dundee,

 

I assume, as you've filed a court claim, that you claimed charges plus contractual interest, but please confirm.

 

Will you be able to travel to Newcastle if necessary.

 

You should be able to negotiate a settlement before a final hearing but you DON'T want BC to know that you can't travel to the hearing, or they'll use this to their advantage and NOT settle before the actual day.

 

As regards the agreement, you are lucky to have received a copy of it so easily. You'll se that others here have the Devil's own job to get sight of this document.

 

Post a copy here if you wnat an opinion but I assume your CMC will have offered this already.

 

:)


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Yes, I have filed a claim for Charges and Contractual Interest, and yes, I will be able to get to Newcastle to attend Court. That is not a Problem.

 

BC have settled before on a previous BC Credit Card, so I know they will probably do so.

 

In another case, the Judge stayed the case in order for the defendants to try and settle the case. The courts do not want to be tied up with Credit Card Charges Cases as the OFT have been given the power to say what is fair.

 

I will try and get the "Agreement" up soon.

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Great News!!!

 

The District Judge at Newcastle-upon-Tyne County Court has ordered barclays to serve me with a copy of the Original Credit Agreement and a copy of the Terms and Conditions in place at the time the Agreement was entered into.

 

They have until December 22nd to send it to me and I have been given until January 19th to send evidence on why I believe each charge is unenforceable.

 

Will Keep you Posted!

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To Keep you uodated.

 

Barclays Failed to supply me with a copy of the Agreement. Instead they said they would refund over £500 (Charges, Interest and Court Costs) to my Account. They sent a letter to the Court as well saying they would not be complying with the Court Order to supply me with a Copy of the Credit Agreement.

 

Barclays never sent me any evidence of the refund.

 

4 days ago, I received a letter from Barclays saying they had sold the debt to Lowell Portfolio 1 Ltd Debt Collectors on the 19th December 2009. This was the day before they had to comply with the Court Order.

 

Inside the same envelope was a letter from Lowell Portfolio 1 Ltd saying they had bought the debt. The Balance showing on their letter was the same Balance before the "Supposed" Refund by Barclays.

 

I have until 4pm today to fax my evidence to the Court which I am just about to do.

 

SO: No Credit Agreement, No Refund (even though they told the court they have done so)

 

I am going to ask the Judge to force Barclays and or Lowell Porfolio 1 Ltd to send me a copy of the Original Credit Agreement or deem the debt unenforceable.

 

Will Keep you all Updated.

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Hi Dundee

 

This is great example of why you should keep a court case "live" until you actually get what the bank promised to pay or do.

 

Can you confirm roughly how the £500 Goodwill refund compares to the a/c balance.


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The £500 is only about 8% of the Balance. The Current Balance is £3900 (over limit), -£500 Good Will would take me to £3400 which is below what my original Credit Limit was before it got out of hand.

 

I have sumitted my evidence to court this morning along with the letters from barclays and the Debt Collector. Since the Balance is the same 3 weeks after Barclays told the court they had refunded £500, they will be held in contempt of court I would assume.

 

Have to wait and see what happens.

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Hi Dundee,

 

If this goes to a court hearing, I see no reason why you shouldn't seek a judgement for the refund of the charges and interest to be repaid to you direct - ie NOT credited to the a/c.

 

If BC decide to negotiate and refund direct to you before then, that's fine although you'll need cleared funds if they want to keep you out of court.

 

When is the court hearing due and have you submitted a court bundle to back up your claim for refund of charges.

 

You could contact Barclays to point out they have messed up and they should settle on your terms or risk a CCJ against them.


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There is no date set for trial yet. The Deputy District Judge just wanted some more information on why I believed the charges were illegal. I faxed a 12-page outline of my case that morning. Also faxed a copy of it to Barclays Legal and Compliance and Lowell Portfolio and let them all know that it was sent to:

 

Newcastle-up-on-Tyne County Court

Barclays Legal and Compliance

Lowell Portfolio

 

This also lets the Court know that I have sent a copy to the Defendants.

 

Should hear within a week I should expect. Will keep you all posted.

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Got a Letter from Lowell Financial today.

 

They say they have received letters regarding my account and they have put a hold on my account until it is sorted out. They say nobody from Lowells will contact me regarding my account just now and I do not need to contact them.

 

They say they willl write back when they sort everything out.

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Received another letter a few days ago from Lowell Finance saying they are in receipt of my Request for a copy of the Original Credit Agreement. They said that they would contact the Original Creditor to get a copy.

 

It was my understanding that when a debt is sold (asasigned) from a Creditor to a Debt Collector, they must produce the Credit Agreement to the debt Collector to prove that the debt exists. Am I Right?

 

Also, having hounded the CRA's for almost a year with regards to this account, Barclaycard must have got tired as after I sent a copy of the Court Order to the CRA's where the Judge asked BC to send me a copy of the Credit Agreement, they contacted the CRA's and told them to delete the account from my Credit File. I have checked Experian and Equifax and the account is no longer on there, it has been completely wiped from my file.

 

Do you t hink this means that they do not have the Original Credit Agreement and they are just stalling for more time?

 

Still waiting on a Court Date. Hoping to hear soon though.

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they must produce the Credit Agreement to the debt Collector to prove that the debt exists. Am I Right?

I think the point here is that, without the credit agreement and notice of assignment, the new "creditor" cannot take get the debt legally enforced.

 

See what Lowell come back with.

 

Re the charges reclaim, roughly how much have you claimed in charges and interest.


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The Charges, interest and court costs come to just over £500. I contacted Barclays Litigation Department recently and told them that the balance had not been reduced as they said it has and have informed the court to continue with a hearing.

 

They responded that they did issue a refund to my account BUT on checking their accounts team, they did not pass that information onto Lowell Financial which they said they have now done.

 

Not heard anything back from Lowell yet. They say that they can produce the Original Credit Agreement and when they do I will have to pay the full balance. Still Waiting 3 weeks on...

 

It has been 400 days since barclays defaulted on my first request.

 

Barclays had deleted the entire Account from my Credit File but Lowell recently added the account back onto my Credit File and Defaulted it straight away. I have never received a Default or Termination Notice from Barclays or Lowell so I know the Default would be Unlawful.

 

Any help would be appreciated!

 

I have now contacted BBC Watchdog to see if they can help. I know Lowell Porfolio I has been featured on Watchdog before.

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While this is in dispute, Lowells should not have put any adverse markers on your credit files.

 

You have the right to challenge any data posted, pending resolution of the dispute.

 

Write to Lowells and remind them that Barclays have removed all adverse data and if you suffer any loss or expense due to Lowells adverse credit data entries, they will be held responsible as with the cases of:-

 

Richard Durkin -v- DSG Retail

 

Kpohraror -v- Woolwich http://www.consumeractiongroup.co.uk/forum/legal-issues/171709-kpohraror-woolwich-building-society.html#post1852856

 

Read more on this here:-

 

The Consumer Forums - Challenge a default on a disputed account

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/

 

:)


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Thanks Slick for the case law. I have already notified Lowells and the CRA's two days ago of this and I am awaiting replies from all of them. The CRA's I hope will remove it on their own accord as they are in possession of the Court Order which asks Barclays to Provide me with the Original Credit Agreement and I told them that that is the same account that Barclays Deleted from my Credit File and they are Knowingly processing inaccurate data about me.

 

I will update my complaint after I have read those cases and will keep everyone posted on the outcome.

Edited by dundeelaw

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Barclays contacted me to say that they had failed to pass on the refund to Lowell. They have now done so and Lowell have decreased the balance by £500.09.

 

I am still fighting them on the Default on my Credit File. Barclays never defaulted me, they never even sent me a Default Notice and neither have Lowell Porfolio.

 

I have asked the CRA's to contact them and ask for copies of the Default Notice, the Termination Notice as well as copies of the Royal Mail/Courier Tracking Numbers to show they were sent and received by me.

 

Would like some more help on where to go to next on getiing the Default and or the Account removed.

 

Does anyone have any success stories on how to go about this. They have had plenty of time to investigate and remove the information.

 

I need a tougher stance.

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Have you been through the links I posted above, and other threads in the last forum I linked you to.


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Great News Today.

 

Received a letter from Lowell stating that the Original Creditor (Barclaycard) no longer have the agreement and as such Lowell have closed their files with me and would not contact me again regarding payment on this account.

 

I have faxed the CRA's a copy of the Letter so that they can remove the account from my Credit Files and place them on Notice not to place anymore lenders or debt collectors on my file with regards to this account as they now have documented proof that No Credit Agreement Exists.

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Don't be surprised if the CRA says that only BC can authorise the removal of adverse data, and that BC refuse to do so.

 

:mad:


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Barclaycard had already removed it. The account was then added back by Lowell and is now in Lowell's Name. Barclaycard have nothing to do with the account now. The account was actually sold to Lowell.

 

Will take action against the CRA's if they refuse to remove it as they now know it is being held unlawfully. They don't have a leg to stand on at the moment.

 

Will keep you all updated.

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Great News at Last.

 

Over the past few days, Lowell have finally contacted the CRA's to tell them to remove the account in its entirety from my Credit File.

 

I have checked it and it no longer appears on Experian or Equifax.

 

So it is now dundeelaw v Lowell Financial (Barclaycard) **WON**

 

I am now wondering whether to leave it at that or try and claim some or all of the payments I have made on the account. The Interest was quite high at 24.9%.

 

Payinig something over £70 per month interest over the past couple of years would be a big pay off for me. That would be over £1700 interest in 2 years never mind the years before that. In total, I recon I could have paid in excess of £10,000 since I opened the Account (payments + interest).

 

Any Views?

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Hi Dundee,

 

Excellent and well done to you. Thread title amended accordingly. :D

 

Whereas you can reclaim any penalty charges or mis-sold PPI, I think you'd get nowhere if you sought repayment of the capital or interest.

 

I assume they have written off the a/c balance and I think you should leave it at that. ;)


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