lowells chasing old barclays current account debt

[sussex1]

i've had a current account closed by Barclays and passed to debt collectors (letter attached). I've never heard of this company who are asking for payment in full and am wondering what is the best way to deal with them. Any ideas?

http://i297.photobucket.com/albums/mm223/sussex1/barod-1-1.jpg

 

thanks

 

Edit I have removed the link as it contains personal data

Thanks Saintly, forgot about the giro slip part, all details removed now

Edited November 9, 2010 by sussex1

[harrassed senior]

Send them the 'prove it' letter

 

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

If that is all they sent, then why would you make any payments to them?

 

Was there an overdraft on the Account?

[sussex1]

link doesn't seem to be working at the moment but yest its completely an overdraft

[harrassed senior]

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[firstship]

Hi sussex1.........DM are a DCA that Cag have come across before.............you only need to pay what you can honestly afford,work this out make DM the offer and lets see what there attitude is,ONLY WRITE TO THEM DO NOT PHONE..........add to your letter this matter will only be dealt with in writing....they will probably ask for Income and Expenditure,do not give these details to them they have no legal right to this information,only a court can ask for this........I am sure you are aware as it is a bank account CCA does not apply if you do not have all your account details etc a SAR might be of use depends very much on whether you have all statements ................I wish you all the best...........Harrasedsenior has given you a good letter to write to DM..........did Barclays advise you that the account was being passed to DM..............Barclays are not good at keeping you in the picture..................FS

Edited November 8, 2010 by firstship
missed line

[Bazooka Boo]

My first thought when I looked at the letter was that it is very similar to Sharklaycards own type face!

However there is such an outfit as DM in Edinburgh.

Don't like to say much do they? IMO I wouldn't pay them anything, make them work for it first, you certainly want alot more info regarding this alleged debt first, have you claimed the charges back on this?

[sussex1]

hi

 

no I have't claimed charges back, I thought I had mised the boat on that as its a current account and not a credit card. I have in the last few months received a termination letter from

http://i297.photobucket.com/albums/mm223/sussex1/1-1.jpg

 

not sure to be honest if as with credit cards when the company terminate if they have to adhere to guidelines or not.

 

thanks

[Bazooka Boo]

Regardless, if there has been any charges on your account, you can claim them back to offset the total owing, ideally you need to bring it down to below £750, then they cannot threaten you with bankruptcy, however, I note they are going to be adding £14 a month in interest! Charming.

You need them to stop the interest as there isn't a chance you'll pay it off in installments.

[sussex1]

I would imagine, I dont have the statements, that the majority would be charges. This is an account my salary has not been paid into for well over 10 years. Is the best way forwards to send them an SAR or is something else required?

 

thanks again

[dx100uk]

when was YOUR last financial in/out

 

looks like a phishing exercise to me.

 

dx

[sussex1]

was a few months ago, I agreed before they terminated to pay £20 a month, but couldn't afford to continue.

[dx100uk]

darn sb's out the windows then

 

dx

[sussex1]

This company are still pursuing and have now sent this

 

http://i297.photobucket.com/albums/mm223/sussex1/3011102-2-1.jpg

 

any advice on how best to deal with them will be greatly appreciated, I'm not sure how it works as its for a current account rather than a credit card. DO they have to send, default and/or termination letters?

 

thanks

[dx100uk]

still a phishing letter designed to make you contact them.

 

it would be useful to know how much of this o/d IS charges

 

because there is no way they'ed go near court if it were.

 

pers i'd still ignore

 

dx

[Bazooka Boo]

Agree, send them a list of all the dates your available to attend court, petty threat monkies.

[sussex1]

Hi, still getting several calls a day (which I don't answer) and letters, one of which offered a possile discount. Is there anything I need to specifically send to them at this stage?

 

thanks

[firstship]

No the possible discount is yet another come on to get you to phone,its either a discount or not..... still phisching.............FS

[Honeypot]

subbing

[sussex1]

Further to this, I have today received this

 

http://i297.photobucket.com/albums/mm223/sussex1/dml-1-1.jpg

 

another "we my" issue, although they re now stating at which Court, which I have never had before. Is it liklely they will? I cannot get a CCJ as I will lose my job.

 

I'm really quite concerned now as to what to do. Should I really be sending something to them now, asking them to prove the debt?

 

Thanks

Edited December 7, 2010 by sussex1

[firstship]

you have left a reference number and amount in your photobucket letter.FS

[firstship]

Ref thread No2 from Harrassed senior did you send the Prove it letter..........FS

[Undercover-Elsa]

Hi,

Although it still says "may" I'd now be inclined to respond. Here's a CCA request amended for an overdraft.

Alternatively you could request it via CPR as they've threatened legal action, but send this first to make them sit up:

 

Dear Sirs,

With reference to your letter of (date) re Account Number xxxxxxxxx

In the letter of termination I received from Barclays on (date) they stated that

"It is a term of your agreement with the bank that the full amount is repayable on demand, with interest, at any time"

I have no knowledge of signing or receiving any such "agreement" or the terms and conditions to which the letter refers.

As this is an overdraft, it constitutes a debtor-creditor agreement within the meaning of s.8 and s.13© of the Consumer Credit Act 1974, as demonstrated in the case of Coutts v Sebestyen (14th April 2005).

 

In view of your threats of legal action I therefore make a formal request for pursuant to s.78(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.78(6) will apply.

 

Important: If no such agreement exists I require that you confirm this in writing.

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

 

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.

 

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.

 

 

PRINT NAME DO NOT SIGN.

Enclose a PO for £1 and send recorded.

 

 

I would also now send a SAR directly to Barclays. If you need the template there's a link in my blog.

 

 

Elsa x

[sussex1]

you have left a reference number and amount in your photobucket letter.

 

cheers FS, all ammended, I missed that. Any views on my next move?

 

thanks

[firstship]

Undercover-elsa has given I think the answer in her letter,a good response........FS

[sussex1]

MAny thanks Elsa 'll get that off to them, sorry I missed it earlier when ammending the doc I posted

 

thanks again