Lowell and BC debt

[Anthony7]

Thanks everyone. I shall wait a bit longer to see what comes next

 

What I might do is send another letter to Lowell with the following:

 

"Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

 

1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You agree to pay all fee schedules."

 

I would then follow it up ten days later with my fee schedules. Has anyone tried this?

[Tingy]

I really wouldn't. Ultimately it has to be your call, but my advice, for what it's worth, would be to leave everything as it is and wait to see if they comply with your original request.

[coledog]

Agree - don't force it, a bit of a waiting game but you have shown them that you will fight this if they come back at you. Patience.

[Anthony7]

Surely there is nothing to lose and £500 to gain? Another forum, Getoutofdebtfree.org, strongly advises people to do this. You would then start invoicing the company after sending the fee schedules. Sounds worth trying. What could possibly go wrong...?

[Tingy]

As I said, ultimately it is your decision. All anyone on here can do is offer what they consider their best advice. There are times when we're wrong - maybe this is one of them, but I stand by what I said still. Good luck in whatever you decide!

[FORMISTER]

Got to say, I agree with Tingy. Fighting DCA's who are after you for money is one thing, but trying to take them to court for money is another. It is usually much more sucessful after they have taken you to court and lost.

 

You need to remember that even though they have 12 days to comply with the CCA request, they are entitled to provide it at any time at all.The 12 days just puts the account into dispute.

If you took them to court you don't know what they will come up with in terms of documentation, if you lost you would be paying their costs and would pave the way for them to take you to court.

[PriorityOne]

The name says it all IMO.... bad idea.... and how do you propose to gain £500? By taking them to court? That would be a dream come true for them to see you try and prove your case as Claimant following the Carey case....

[Tingy]

Anthony,

If you really really want to go this route, search on here for the thread "Turning the tables on DCA's" It's all about this exact issue and some people have done it with success - there's template letters etc... on the thread, but it's a lot of reading. It doesn't involve taking the DCA to court, but it does involve charging them for your time. Have a read and see what you think.

[FORMISTER]

I think you should hold back and see what comes back from the CCA request and a SAR request to the origional creditor at the least.

[Anthony7]

Thanks Tingy will do some more research tomorrow.

 

To conclude one of the methods Getoutofdebtfree.org suggests:

 

10 days after CCA request:

 

"Re: Account/Credit Card/Reference Number:

Dear Mr/Ms

I wrote to you on requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

 

1. Validation of the debt (the actual accounting);

2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );

3. A copy of the contract signed by both parties and therefore binding both parties.

 

As you have failed to provide the aforementioned documentation to validate your claim, I hereby give you ten (10) days to reply to this notice from the above date with a notice sent using recorded post and signed under full commercial liability and penalties of perjury, assuring and promising me that all of the replies and details given to the above requests are true and without deception, fraud or mischief. Your said failure to provide the aforementioned documentation within ten (10) days, from the above date, to validate the debt, will constitute your agreement to the following terms:

 

1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You agree to pay all fee schedules."

 

This starts the formation of the lawfully binding agreement. The next stage would be to send a letter, 10 days later, along the following lines that completes the lawfully binding agreement:

 

"Re: Account/Credit Card/Reference Number:

 

Dear Mr/Ms

 

I wrote to you on requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:

 

1. Validation of the debt (the actual accounting);

2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );

3. A copy of the contract signed by both parties and therefore binding both parties.

 

As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now have a lawfully binding tacit agreement, comprising, the following terms:

 

1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £(3X what they are claiming) for dishonouring our agreement, £1000 per hour or part of it of authorised representatives time nunc pro tunc, £1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is £100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to £1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe."

[Tingy]

I think we all agree with you!

[coledog]

Don't embark on something that you don't fully understand and could land you in the doo doo

[Tingy]

Permit me to play devil's advocate:

 

1. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court. This is not the case here.

 

2. The Bills of Exchange Act 1882 is a vast document. I am unable to find the piece you refer to, please notify me of the exact part of the act to which you refer.

 

3. You say, "As you have failed to provide the aforementioned documentation to validate the claim within the ten (10) days requested in my last correspondence, we are now have a lawfully binding tacit agreement, comprising, the following terms:

 

1. That the debt did not exist in the first place;

OR

2. It has already been paid in full;

AND

3. That any damages I suffer, you will be held culpable;

4. That any negative remarks made to a credit reference agency will be removed;

5. You will no longer pursue this matter any further.

6. You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £(3X what they are claiming) for dishonouring our agreement, £1000 per hour or part of it of authorised representatives time nunc pro tunc, £1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is £100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to £1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe."

 

I put you to strict proof of the above statement as I deny having any legal contract with you.

 

 

 

Can you respond - these are easy questions!

[FORMISTER]

Just because they don't provide the documentation within 10 days, doesn't mean the debt isn't enforcable or doesn't exist. They can provide the documentation a year later and then persue you if they wish.

[coledog]

I always take the stand that I have no legitimate financial or legal association with these people unless they can prove otherwise. Getting into a word war with them could be seen as providing evidence that you accept this association. Fight the battles when they happen and don't do anything to cause them

[Anthony7]

Thanks for everyone's comments. Doing some more research!

[coledog]

Please do - never dig yourself a hole that makes things worse

[Tingy]

Anthony - I have spent about 9 hours today alone putting together one part of a prosecution for someone. It is VERY hard work, and honesetly not worth it over this.

[PriorityOne]

If he's that hell bent on doing it, then nothing anyone says will make much difference....

. but seeing as you only have 21 posts to your name Anthony,

 

I strongly suggest that you take note of the advice given to you on here and leave things alone.

[Anthony7]

Received letter from Lowell on Monday with the following:

 

"We refer to your recent request for a copy of the original credit agreement for this account.

 

After liasing with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

We are closing your account. At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Barclaycard."

 

The best part is at the end, where, highlighted in yellow, it always says "Your Next Steps" in big letters and "Pay balance in Full" blah blah blah.

 

Now it says " Your Next Steps: You don't need to do anything"

 

Victory. Infinite thanks go to Tingy and everyone else, Tingy mainly. Will pass on what I have learnt to others. Respect

[coledog]

Nice one - you probably beat them into submission

[Tingy]

Fantastic. I hold particular respect for people who are willing to listen to advice and change their minds - you did this which is massively to your credit!

 

It is in my opinion highly unlikely that any agreement will now be forthcoming from BC. Just be aware that not everything will stop. If the agreement were to appear, then everything starts up again. Meanwhile they cannot enforce the debt,they MAY ask you to pay it. Just ignore them and file them safely away somewhere.

 

Didn't want you thinking everything would magically stop, it might not, though by the signs of it they do seem to have given up.

 

Well done though, a very good result and all credit to you!

[PriorityOne]

Hang on to that letter.... in case anyone else crawls out of the woodwork demanding payment at some point in the future.

 

;-)

[nicklea]

I know who you're refering to there

 

What you say is true Tingy and congratulations Anthony. It really is a good thing that you didn't get involved with any of that getoutofdebtfee stuff. A lot of it comes from the USA and is of no use whatsoever in the UK.