What do I do now? Barclaycard/Lowell/Hamptons

[Shellyo1o]

Hi

I've been using this forum for a few weeks to help me with a problem, now I need more help so I've registered

 

 

K, here goes:

 

I got a letter from Lowells last year sometime claiming they had bought a barclaycard debt and I owed £947. I threw it in the bin as I can't remember owing that much to barclaycard, and they haven't been in touch with me for about 5 years.

Anyway. About 3 months ago I started to get phone calls from Lowells, but as I don't answer the phone if the caller ID comes up as private I left the machine to answer. Always the same message, every couple of days, please call us on this number.

More letters, more phone calls, so I had a look on here and found plenty of people in the same boat

 

I sent a letter to Lowells on the 8/8/06, it was basically :

I do not aknowledge any debt please supply documents 1: true copy of deed of assigment

2: true copy of alleged agreement

(It was one I copied from another post on this site)

I also asked for the phone calls to stop - with the relevent harassment letter.

 

 

I got 3 letters from Lowells on the 11/08, 1 saying they had removed my number from the database and would not call Yeah. 1 saying they had recieved my communication and would look into it, and 1 saying they have ordered a copy of the original agreement and would be in contact again once they receive it.

 

Then, less than a week later I got final demand for payment from them, then the next day a 'reduced offer' letter asking for £450, then another final payment warning saying if I didn't pay they would pass me on to thier debt collection agency.

 

Then, on 04/9 I got a letter from Hamptons requesting I pay £947, and they were collecting on behalf of thier clients Lowell.

It says on the letter that Hamptons are a trading style of Lowell, does that mean they are the same company?

 

The thing is, what do I do now? Should I just ignore them, send another letter to Hamptons or Lowells?

 

 

Sorry it's so long winded, I just wanted to make sure I got everything in.

 

Any advice guys?

 

 

Michele

[bp]

Hi Shelly010,

 

I'm in the same position and i have another thread in the general section. You could write to Hamptons saying that you have requested disclosure of the deed and so on from Lowell and are waiting for this info. Include a copy of the request you made to Lowell and also send a copy of your letter (the one you are sending to Hamptons) to Lowell financial.

 

I did this yesterday and also enclosed proof of delivery signature so that none of them could mess me about.

 

If you want, i could PM you the letter.

[Shellyo1o]

Thanks bpakoue,

Seems you are in the same position as me, nad yes, please, send me a copy of the letter, I'm sure it'll better than anythingcan knock together.

I'll send a letter to Hamptons on Monday.

 

I thought there was a 40 day limit from the first request I sent? Does that mean that after the 40 days I can just ignore everything from them? Or should I contact them and tell them they can't enforce the debt?

 

Thanks again.

[Shellyo1o]

Hi agian.

I recieved a letter from Lowells today - with a copy of the original agreement with Barclays, but what does the deed of assigment look like?

They have sent a letter, on Lowells headed paper, saying that it is a notice of assigment.

 

Is this correct?

[NailPost]

The original agreement will be the one YOU signed. Without your signature it isn't worth the paper its written on.

[Shellyo1o]

Thanks for the reply Nailpost.

 

The agreement is a copy of one I signed, but I was wondering what a 'deed of assignment' looked like.

 

The one they have sent me is some thing they have just typed up on a pc and back-dated.

 

My main concern is the amount they are trying to collect, should they have sent me some sort of statement, or do I have to take it as true if they say I owe £947?

 

Thanks

[NailPost]

The important document is the signed agreement. The deed of assignment is grandly titled but it is just a letter which says X Bank has sold this debt onto DebtScum Y.

 

Under a CCA S77/78 request their obligation also extends to a statement of account showing payments made (if any) and an explanation of charges levied and interest. Was there one of these?

[Shellyo1o]

No, there was no statement.

 

To be honest I know I owe something, and I'm quite prepared to pay, but I'm pretty sure it's no where near what they are asking.

 

Should I write to them again and ask for a statement? Or does part 1 of my CCA letter cover that?

[Shellyo1o]

Can anyone help me with to do next?

 

Should they have sent me a statement of the credit card account?

 

Thanks

[Shellyo1o]

Anyone

[Shellyo1o]

Just bumping this up to see if anyone can let me know if they should have sent a full statement.

 

Thanks.

[Shellyo1o]

I've now got a letter from Hamptons saying if I don't pay the £947 in full the amount will rise to £1208 with court costs etc.

 

Does anyone know anything about the statement request within the CCA?

Should it be a full statement of all activity on the account?

[pinkprincessxx]

I would suggest contacting their CEO and make him a reasonable offer of what you are prepared to pay and then pay it, after months of going backwards and forwards with the call centre staff and then receiving 8 calls a day, I was getting pretty annoyed. So I've just successfully negotiated paying £250 in full and final settlement for an outstanding debt for barclaycard of £651.72.... I had til 4pm today to make the payment which I have done, send him a note detailing your circumstances bung in a bit of legal jargon (there is plenty of it on this site..) and keep your fingers crossed

 

His name is Andrew Bartle and his e-mail address is: [email protected]

 

They didn't accept my first offer of £50 but I guess that was taking the mickey a bit....

 

Phew it's all over - now I have to sort out Cabot!!

 

Good Luck!

[Shellyo1o]

Thanks Pink, I haven't heard from them for a while, I think I'll put it off till after Christmas now, I'm pretty sure they won't go away, but I really can't cope with them right now.

 

Good luck with your's, and thanks again for the info.

[luckysandpiper]

Hi Shelleyo1o

 

Is the document they have sent you a copy of the signed Agreement, or a copy of the signed Application form? It was the latter that I received from Barclaycard (via their DCA) and it is NOT the CCA. If this is the position, they may not try to enforce the debt while it is IN DISPUTE (you should write saying that they have failed to comply with your request and that a FORMAL DISPUTE now exists.) As I understand it, a court will not issue an enforcement notice in these circumstances so they are whistling in the wind. I have also followed the route suggested by pinkprincessxx above (OCT 2009) and am currently waiting for an answer.

[maroondevo52]

Hi, luckysandpiper.

 

Shellyo1o has not posted on the Forums since Nov 2006, I'll be surprised if she answers your question.

 

Regards.

 

Scott.

[luckysandpiper]

Hi, luckysandpiper.

 

Shellyo1o has not posted on the Forums since Nov 2006, I'll be surprised if she answers your question.

 

Regards.

 

Scott.

 

Oopps - must check the dates in future. Thanks Scott

[maroondevo52]

Oopps - must check the dates in future. Thanks Scott

 

No problem, I've done it myself