Lowell default on CCA request re old Barclaycard Debt - Advice Needed

[jaffiercake]

Hi everyone,

 

I've been reading through the forums with much interest but am in need of some advice regarding an old Barclaycard debt. This is my situation.......

 

I check my experian credit report regularly and during July 2010 I noticed that Lowell Financial Ltd had made a number of unrecorded searches which I thought was a bit strange as I'd never heard of them before. Then in early August I noticed they had issued a default for almost £1k relating to a store card/credit card but I had no idea which account this referred to. A few days later I received a letter from Lowell Portfolio I stating they had bought the outstanding account from Barclaycard and basically I had to pay up or else.

 

I did have a Barclaycard but this was from years back and this account did not appear on my earlier credit reports I had checked, either in June or July 2010? Lowell put the defaulted date down as a date in mid April 2009 but I don't recall making any such payment during that time or in fact any payment over the last 6 years . Does this mean it is statute barred? It seems like they have just made up a default date so they can chase me for payment. Due to ill-health and a series of major surgeries a few years ago, I got into financial turmoil.

 

I wrote to Lowell by recorded delivery at the beginning of August with a CCA request (following advice off CAG I didn't sign it) and they replied to say they would contact Barclaycard for a copy of the agreement. I wrote a CCA reminder at the start of September, by recorded delivery, and then they replied they are in the process of retrieving it from their archive. It is now 43 days since my original CCA request and they have yet to supply me with any info. Where do I go from here?

 

The big issue is I want them to remove the default as I believe that the debt is statute barred. If the Barclaycard account did not appear on my earlier credit reports and Lowell can't supply the CCA or statement of account, how then are they able to issue a default in the first place? Is this legal? I'm a bit confused by it all. Any help would be greatly appreciated as over the past couple of years I've done everything I can to improve my credit status, I've managed to pay off most of my debts in full and have avoided making any late payments in the last 12 months. Now I've been slapped with this default it's going to be another 5 years before I will be deemed credit worthy again. I'm desperate to buy a house with my boyfriend but until I sort this out, its out of the question.

 

Any advice would be hugely appreciated.

[huggys boss]

If you are sure that you have not made any payments on this account in the last 6 years, I would send them the stat barred letter

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

again, by recorded post and again, PRINT DO NOT SIGN YOUR NAME.

 

You may have to get them to acknowledge in writing that the debt is stat barred before you start to get the default removed from your credit file.

 

I am sure somebody will advise you further on this.

 

Good Luck and keep us posted

Edited September 16, 2010 by huggys boss
spelling ;o)

[jaffiercake]

Hi Huggys Boss, thanks for your reply. I'm pretty sure it's at least 6 years since I made a payment but can't say 100% sure. I thought about sending a SAR direct to Barclaycard but didn't know whether that may start the clock ticking again if it isn't statute barred? Surely though, if Lowell don't have a CCA they can't issue a default? Wouldn't that need to be issued by the original creditor, i.e. B'card? Also, wouldn't my old B'card account show up on my experian report if it was less than 6 years old? It's not on there and neither was it in the few months before Lowell allegedly bought the debt, since when I starting keeping an eye on my file. I'm not sure how it works with CRA's. Is it not down to Lowell to prove I made a payment when they said I did by presenting me with a statement of account? Otherwise, anyone could make any old thing up to try and [problem] money off others. It also means anyone can mess up your credit score and make your life hell, right? CONFUSED!!!!

[silverfox1961]

Hi,

I would send the SAR to BC as the appearance of a default smells fishy to me.

If you haven't had contact with BC in 5/6 years and the debt is yours, the default should have been placed within 6 months of the default, not last year.

Once you have any evidence of Lowells wrongdoing, you can hit them with a complaint, a possible fine and maybe compensation.

 

From what you say, this could well be SB. Don't take any crap from the Leeds Losers (they got their name for a reason )

[jaffiercake]

Thanks Silverfox1961, smells fishy to me too but stressful all the same. You mention the default should have been placed on file within 6 months of the default....could you tell me where you got this info from or which law states this so I can include it in my next correspondence to them? Many thanks x

[silverfox1961]

Have a look at section 11 here:

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

[jaffiercake]

Thanks, I will send the CCA Dispute / s.10 Cease & Desist template letter and give them 7 days to respond with:

 

1) The default notice

2) The CCA inc. statement of account....

 

neither of which they have done so since my request 43 days ago!!!!

 

If they can't provide the information I think the next stage is to complain to Trading Standards, FOS, Info Commissioner, although which one's best I'm not sure.

 

With regards to sending a SAR to Barclays, do you know if this could reset the clock if its just short of being statute barred?

 

thanks again!

[silverfox1961]

No.

A SAR is just a request for information. Only a payment or written acknowledgement that this is your debt will suffice to restart the SB clock.

 

If you want to be absolutely sure you could write on the SAR

 

"I do not acknowledge any debt to you"

 

I don't think it is nescessary

 

Just one other thing. Lowlifes have a nasty habit of saying "an attempted payment was made on XX date" When put to proof, they shut up

[Pen]

Hi Jaffacake.

non compliance with a CCA request does not necessarily mean the debt is unenforceable. I think your best bet would be to SAR route. this will tell you when you last made a payment and will also allow you to waste time if it is just under six years. Knowing the details of your last payment willhelp determin your next course of action.

 

Lowell are well know for trying to get payment even when knowing that a debt is statued barred.

 

Pen

[jaffiercake]

ok thanks for that, I'll send the SAR to B'card tomorrow and a letter to Lowell giving them a final 7 days to produce the CCA. After the 7 days who do you think I should complain to.....the FOS, CRA's, ICO or trading standards......or wait till I receive the SAR info? Sorry to ask so many questions but I'm not sure which way to go.

[silverfox1961]

The only complaint that "might" have any effect is to Trading Standards but I would wait until you know exactly where you are.

 

Send the letters and sit back. Lowells can do nothing to you

[jaffiercake]

I'm hearing you Silverfox.....will send of SAR and see where I'm at. I'm actually more worried about the default on my report......just want to get it removed asap but I know nothing's simple. I'll let you know what info B'card send me and take it from there.....thanks so much for your help:-)

[kadie71]

jaffiercake - read your post with great interest as I have had the exact same thing with lowells re barclaycard, mine was taken out in 2000 I am almost certain that I defaulted on the card 2003/2004 but lowells are saying june 2008!! I have today sent them statute barred letter and we'll see what the response is. nothing on my credit file either only them & like you they have done random searches. Very odd I think.

[jaffiercake]

Hi Kadie71, I sent a SAR to Barclaycard today too. Keep me posted as to whether they send the info through.......would be interested to know when you last made a payment. I'm certain that Lowell buy old debts and then make up default dates so they can chase you......it's CRIMINAL!!! I'll create such a stink once I get the info......if B'card can be bothered to send it me of course!!!

[kadie71]

I will do - am certain mine is statute barred - I can't be sure of the exact date but my partner died in 2005 & I know I didnt have the card then or the year previous -I moved in 2008 so am quite aware of my circumstances for that time. I am looking forward to seeing when they say i last used the card. Although reading the posts a few caggers have said that the late default coincides with the date on letters saying the debt was purchased from barclays also another poster says that when they queried the default date lowells told them it was on the letter from them saying they had purchased the debt.I think they called it a letter of assignment? I have never had a letter like that from them - either way they sound like sharks & they can swim for my money!

[huggys boss]

I started this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?268907-When-is-a-debt-Statute-Barred

because I was sure my debt was stat barred, and there is some useful stuff in there that other people have posted.

 

I had one DCA recently tell me that another debt of mine wasn't stat barred because I didn't inform the original creditor when I moved home ????????

 

These people rely on the fact that most people are ignorant of their rights. If you are sure your debt is stat barred do not let them bully you into acknowledging the debt in any way.