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Barclaycard / Lowell Group Confused....


stressed2009
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Hi

I had a debt with Barclaycard which I defaulted on in 2009 due to financial difficulties.

 

 

Earlier this year I phoned Barclaycard and set up a payment arrangement paying a token payment monthly by standing order which I have stuck to.

 

 

Today I had a phone call from a company called Lowell Financial I think they said saying I now owe them the Barclaycard balance,

I told them due to financial difficulties I had been paying Barclaycard £5 per month

and could not pay it off immediately or over 6 months payments like she wanted.

 

 

She then proceeded to demand to know how I was supporting myself and wanted me to go through my financial commitments over the phone,

at this point I said I was not prepared to do this and asked that they send me a letter confirming they have this account now

and we can go from there.

 

 

Seeing as the latest payment to Barclaycard only went out a few days ago I am a bit confused by all this.

She finished the call by saying she cannot confirm that legal action wont be taken in the mean time?!

 

What should I do now?

Thanks in advance for any advice.

Stressed2009

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Hi Stressed,

First of all don't be stressed, we all are/or have been in same position as you at some point.

Well done for not giving Lowell your financial details, only a judge has the right to see that and the court action that she was threatening is a long way off if it ever happens at all, please don't talk to Lowell on the phone, if they call you just say "in writing only please" and hang up, refuse to go through any security questions, that way you have a nice paper record of everything.

DCA's will say anything on the telephone to scare and intimidate you but will never back that up in a letter.

You need to see if Lowell's have the right to collect this debt, send Lowell's a CCA request (I have copied and pasted the CCA request below from the templates ssection).

You need to send this together with a £1 postal order, DO NOT SSIGN YOUR NAME, just print it and send via recorded delivery so you know that Lowell's have recieved and at what date.

Lowell's then have 14 working days to comply, if you recieve anything back, please scan in and post up but minus all personal information i.e. name, address, barcodes, reference numbers and full amount for your own security.

Best Wishes

Stigman

 

--------------------------------------------------------------

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) 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(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thank you for the quick reply.

I will get this printed off and sent ASAP :)

 

 

I am guessing I need to send it to Lowells rather than the original creditor (Barclaycard)?

 

I dont normally answer calls from numbers I dont know

but was thrown by the mobile number that came up as one of my friends is constantly calling from new mobile numbers.

 

 

I did stupidly confirm my details as I was a bit thrown by it all,

but wont be making the same mistake again

will let the VM get any unknown numbers from now on.

 

 

Rather narked off that I gave BCard our house phone number will have to be careful about answering that as well.

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Thank you for the quick reply. I will get this printed off and sent ASAP :) I am guessing I need to send it to Lowells rather than the original creditor (Barclaycard)?

 

Rather narked off that I gave BCard our house phone number will have to be careful about answering that as well.

 

Send to whoever is chasing you for the debt, in this case Lowell's.

If you start getting continuous telephone calls to your house or mobile, their is a letter template in the templates section to stop these calls from DCA's... http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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