Lowell's/Hampton's - claimform - Barclaycard debt - 20k - Help

[stroudsco]

Firstly I have been reading through your site and must congratulate you on a wonderful service and website.

If only I had put my thinking cap on earlier and paid more attention!

 

This is a big one and I have followed your advice so far... here go's....

 

I had loads of debt in 2006 when my company went into a CVA, I have kept a lot of the information and letter replies including an experian report dated may 09.

 

I had numerous debts up to about 100k, with a remortgage I paid around half and tried and have succeeded in removing another 25k to date. Lowell then wrote to me saying I had a debt of £16k with barclaycard, I am being honest in this forum to hopefully get the best advice I did have a barclays select account which was owed around 15K and one small barclaycard for around 1k , I also had two MBNA cards, 2 Capital One's, blah blah you hopefully get the picture

 

I did speak to them and said that I thought they had it wrong and that they were chasing the barclays select account which I had paid off with my remortgage, in-fact most cards were cleared at this time, they were however also chasing a small debt for capital one £678.00 of which I didn't clear - naughty I know

 

Every three days or so I had a call and gave them the same response, asking for original proof, the last payment to barclaycard that I can find on any statement is in Dec 04 - I believe this is for a barclaycard which i'm sure didn't have a big limit.

 

Lowell's keep moving the debt between all their companies - Red, Lowell's, Hampton's etc for about a year. I gave them the same response and they say they will put the account on hold and look into things - they then move it to another collector in their group.

 

Good news I hear nothing for a year or two then in 2009 they are back in contact and a little more upset. Again I tell them the story, they have tried to catch me a couple of times as I have this other account with them, which also floats between all their companies.

 

In may 09 I decided to get a credit report via Experian to try and clarify things, I have kept this report as well, I notice Lowell's have their £678 debt listed but the Barclays listings are as follows:

 

Barclays Bank Default

Barclays Bank PLC Woolwich

Account - Bank

Default Balance - £14,964

Current - Satisfied

Defaulted on - 16/05/07

 

Barclays Bank Default

Barclays Bank PLC Woolwich

Account - Bank

Default Balance - £2,530

Current - £1,437

Defaulted on - 13/02/07

 

Barclays Bank Default

Barclays Bank PLC Woolwich

Account - current

Default Balance - £2,890

Current - Settled

Defaulted on - 27/06/07

 

Barclaycard Credit Card - Satisfactory £0 10//05/09

Entry number C15

Barclaycard

Account - Credit Card / Store Card

Started 23/01/1997

Current Balance - £0

Credit Limit - £1

Credit Limit History - £1,000 (12/08;

File updated for the period to; 10/05 2009

Summary of payment history - in the last 36 months account activity 1-2 is 0 - 3+ is 0

 

Balance £0 £0 £0 £0 etc etc

Payment Account as above

Payment statement as above

Cash Advance 0000000

Payment code .. .. .. .. etc

Promotional Rate n n n n n etc

 

 

I wont bore you with the other bits

 

I sent a letter to the effect as above saying what did I owe, I then heard nothing

 

I got two different reports yesterday including Equifax - This stills shows the £678 opps, it now shows that I have cleared a lot of my debts and more importantly the Barclays accounts are all still on there apart from the Barclaycard that they are chasing??

 

I had thought this had gone away, no excuses now but again into huge problems again with the business, some massive legal actiion against close finance (bless them) which I lost for the tune of £35k

 

Ready for the huge mistake...

 

I didn't like the letters from Lowell's so I left them to last to pay up, I had a recent telephone call about the £678 amount which I did really owe and agreed £10 a month, I finally got fed up with them insisting on raising the amount so only paid a few payments.

 

Started having letters again about Barclaycard, I was advised to just ignore it, which I did, then had some really nasty letters from Hampton's a few months ago threatening to send people to the house and bankruptcy, insolvency, and the latest saying they know we have equity in the house, therefore they will get judgement and charging order and sell the house to get paid in full - also send we should contact the local housing association to discuss alternative housing - this really panicked the wife as we have children, one on disability.

 

It seems I accidentally paid a few payments on this Barclays account as they moved the other one elsewhere ((((( - we're talking about 50.00 paid and I did ring them after cancelling saying that they had put payments to the wrong account - which was 50% my fault for not checking their account codes.

 

I could have easily walked away from my debts but have worked hard to clear them ( if owed ), having cleared 75% and gone through a company CVA many of our files which were kept at work have vanished, I do have around 75 letters from all companies and a few that I wrote to them.

 

Having looked at your site and the OFT report it seems they have broken nearly every code in the collection guide!

 

They have started legal action and I told them by phone that I was recording the conversation and that I disputed the debt, and always have, I reminded them that the payments were incorrectly put against the wrong account, I also asked for the following :

 

A true copy of the assignment*

 

A true copy of the default notice*

 

A true copy of the termination notice*

 

I have got a claim form from the Northampton CCBC court and have today sent a AOS and sent online, here is the claim they are making:

 

The defendant entered into an agreement with the assignor, regulated by the consumer credit act 1974. The defendant failed to comply with the terms and the agreement was terminated in accordance with the statutory notice of default. The benefits of the agreement were assigned to the claimant. Debt assigned on 21/05/08 by Barclaycard.

 

The Claimant claims:

 

1. 16841.62

2. Statutory interest pursuant to section 69 of the county courts act ( 1984 ) at the rate of 8% per annum from 21/05/08 to 20/10/11 4595.69 and thereafter at a daily rate of 3.69 to date of the judgement or sooner payment.

 

Agreement xxxxx ; 21/05/08 ( my agreement with them? )

 

Claimed £21,437.31

 

Court Fees £310.00

 

TOTAL £21747.31

 

I did have debts, A lot! Due to our paperwork and no help from barclays or lowell's, I have no idea if this is right, honestly if I thought I did have the debt then I would go after them for harassment, I really don't remember, I did have a Barclaycard and did pay it off, If I can remember rightly.... also the credit file makes sense listing it as paid and a limit of £1000.

 

Really sorry to hit the CAG with such a biggy on my first post, will send some pennies and hugs and even a happy bonus if you can finally help me out of this nightmare

 

I hope all is included... The deadline for the AOS was today and this has been done, so I have 14 days but want to jump sooner rather then later (jump onto getting this sorted out, not cliff

 

 

Dave

Edited November 9, 2011 by stroudsco
Bad Grammer :)

[padja]

I take it you dont live in Northampton? If not then get hearing moved to court nearest to you. (not sure of form someone will advise). If its in Northampton you've lost regardless its just a clearing house used by all DCA's (well my experience is regardless of defence they just rubber stamp what DCA put).

 

If you get moved and can attend then I personally think your in with a fighting chance of defeating it but this is a little outside my experience others will be better placed

[BRIGADIER2JCS]

One thing FIRST AND ABOVE ALL ELSE DEAL ONY IN WRITING NEVER PHONE A DCA OR ANSWER THEIR SECURITY QUSTIONS VERBAL ''AGREEMENTS'' NLESS RECORDED ARE VERY UNRELIABLE.

Welcome to CAG.

there is a lot in your thread which needs careful reading, others I am sure will be along to advise when they have digested the content.

 

Brig.

[citizenB]

You do not have to concern yourself about getting the claim moved to your local court.. that will happen automatically once you have entered a defence and Lowells have confirmed they wish to proceed.

 

Can you say when you last made a payment to this account as I see you have mentioned 2004.. if that is correct, then the debt is statute barred. I wonder if it could be assumed that you made payment under duress and that once you became aware that you might not actually owe them anything.. then you asked for them to provide evidence !

 

Can you please let us know what the issue date is on the claim form .. then we know what time we have.

You will find the issue date on the top right hand side of hte claim form.

 

On initial glance I see they claim that you entered into an agreement with them.. erm no you didnt. That needs to be clarified.

 

You need to obtain information that you dont have via CPR31.14. Please read the pdf file below.. all the information you require is there.

 

We specifically need sight of or knowledge of the dates of issue and remedy on any default notice.

The assignment

A statement of account from inception showing how the balance they are claiming has accrued.

 

I dont think htey can ask for interest on an agreement that is regulated under the CCA act.

 

[ATTACH]31387[/ATTACH]

[stroudsco]

Thanks for your response.

 

Sorry for the huge first post.

 

I thought it best to get it all out in one

 

Thanks again

 

 

Dave

[stroudsco]

The issue date was 21st October, however we didn't receive the claim until 3rd November.

 

I will no longer speak with them by phone.

 

I logged on to the court website and filed the AOS today at 12, the website said I was within time.

 

Thanks

[citizenB]

That took a long time to get to you!1

 

Righto..

 

Issue date - 21st October + 5 for service = 26th October + 14 to AoS = 9th November (you were just in time!) + 14 to submit defence which will be 23rd November.. so you dont have much time in which to get that CPR request off and information back.

 

You might have to ask for an extension of time

 

Sort out the CPR request first and get that off ASAP. Send either recorded or special delivery to give yourself maximum time.

 

I dont suppose you know if you had any default charges added to the account or perhaps any PPI that could be reclaimed ?

[stroudsco]

I am being really honest when I say that I cant remember having this however I did have a lot of problems, If it was a debt then I would pay

 

The last payment to any barclaycard was on the mid December 2004.

 

I know about the statue barred but there not really listening, this has been going on for years.

 

d

[stroudsco]

firstly I really appreciate everyones help.

 

CitizenB, I know I was away for 3 days and only noticed on this site last night about the time scales!!!

 

I will take advice tonight then send by special tomorrow.

 

I can't tell you about the account as Barclays deny it, Lowell's won't give me any information and I don't have any statements at home unlike all my other debts, which is why I disputed from the start, I think I paid it or they are confusing the accounts with the select account which again was paid or the barclaycard which had a limit of £1000 which again was cleared, its a nightmare.

 

Thanks again

[BRIGADIER2JCS]

If you have made no wriiten acknowledgment or payment

to the debt in 6 clear years then the debt is stat barred.

Brig.

the important thing is nothing in writing Lowells have

been known to state you phoned 3 years ago so restarted the

clock this is of course BOWLOCKS.

[citizenB]

They MUST give you the information required via CPR so that should solve that problem.

 

In hte event they dont, then you will have to put in a defence that states that you believe this account to be statute barred and as Lowells and hte original creditor have failed to provide evidence otherwise, you are disadvantaged.

 

Then the court will likely order them to provide the information.

[stroudsco]

I really do appreciate all the help so far

 

I have worked on the letter which i intend on sending tomorrow by recored delivery.

 

Please let me know if there are any glaring mistakes I will also look over the site and review before sending.

 

I often get carried away and bugger things up in letter.

 

[ATTACH]31396[/ATTACH]

 

Thanks again

 

d

[citizenB]

I dont see any glaring mistakes.. so good to go.

 

Remember they only have 7 days to comply, on the 8th you are either going to have to put in a negative defence (to avoid a default Judgment) or request more time .. we can talk you through that if they dont comply.

 

Please do send the letter by a tracked method.. Special or recorded delivery.

[stroudsco]

Thanks so much for your help citizenB

 

Dave

[stroudsco]

Hi People

 

I have had no response to the request for original docs by phone and my letter (CPR) as above has gone unanswered.

 

I am aware that time is moving on, should I submit a defense based on the fact that I believe the Barclaycard debt to be settled as per my credit file, also that they have not responded or complied with any requests.

 

Should I apply for an extension and how do I do that?

 

Thanks all

 

d

[citizenB]

When did you send the CPR letter and have you checked on RM website that it has been delivered/signed for ?

 

You must allow them 7 days from sending..

 

To request an extension of time you would telephone the solicitors and ask to speak to the person who is handing your particular claim (number is found top right hand side of the claim form)

 

You are requesting an extension of time under CPR15.5, in order for them to provide those documents requested in your CPR31.14. Ideally you want the full extra 28 days of which 14 must be in order for you to review the documents and submit your defence. They MUST write and confirm this extension to you as it is your responsibility to inform the court.

 

You then write and confirm the telephone conversation with the solicitors.

 

If they agree, then either give them an email address that they can confirm this to or ask them to get their confirmation in the post immediately. Once it has arrived then you need to get it off to Northampton. I would telephone Northampton and ask if you can email or fax the confirmation of extension and then put a hard copy in the post to them.

 

Plan B - if they dont agree to an extension of time, then you have 2 choices. You either put in an embarrassed defence advising why you are doing so .. ie failure to comply with a CPR request, and that you believe the account to be statute barred in any case.

 

Or you apply for an extension of time and full disclosure direct to the courts which will cost you £40/£80 depending on whether it is with or without a hearing.. if you are on benefits, I think you are exempt from the fee.

 

HTH

[stroudsco]

Hi people the letter was delivery as confirmed on the post office website and I have not heard anything, it has been over three weeks since I requested the original signed agreements as well as per my letter above.

 

They have not instructed a solicitor, when I contacted the number on the claim form it just went to Lowell's, how advised me that they only received the letter yesterday, I pointed out it was signed for on the 11th, they agreed then said that they wont know till next week about an extension??

 

Is it best I notify the courts, there saying they had no contact with me at all and why am i asking for all this information now... Which is BULL...

 

Any help would be very helpful, going to ring the court and advise that I have requested CPR and that they have not got back to me, I will let the court know that I will let them know what I am doing by recorded letter monday.

 

Thanks in advance people

[stroudsco]

bumpy

[citizenB]

You need to have a defence submitted by 23rd November in order to avoid a default judgment against you.

 

I think you need to enter a negative defence to avoid that and to let the court see that Lowells are playing up. Are you saying there is no solicitor for service on the Claim form.

 

I will try and find some help for you.

[citizenB]

If this were me, this is what I would focussing on for any defence.

 

1: The claim is vague and provides insufficient information for you to submit a defence.

 

2: The information which they have provided relates to an account that you believe to be statute barred, the last payment according to your records is 2004.

 

3: Or that according to your records has been fully paid up?

 

4: In order to obtain information to more fully explain the Particulars of Claim, you sent a CPR31.14. This request was signed for on 11th November 2011 for which you have a Royal Mail proof of receipt. When you hadnt receive the information requested on (DATE) you telephoned the claimant only to be told in the first instance, they hadnt received the request. Once you made them aware that you had proof they had received the request, you were informed that they would not be able to agree to an extension until the 23rd November, which is the day on which you had to submit a defence by. They made no mention of when they would be able to provide the information requested under CPR

 

5: The information you requested and require in order to defend was. A copy of the agreement, any default notices, Notices of Assignment and a statement of account which shows how the sum they are claiming has been assessed and would almost certainly show the last date any payment was made or if the account was indeed cleared.

 

6: In view of the above, you are unable to submit a defence until such times as the information you have requested and which the claimant requires to support their claim is provided to you.

 

I will try and find someone who can help you knock the above into an acceptable format .. so hold fire for the moment.

[AndyOrch]

Can we move this to legal CB now litigation as commenced.

 

Regards

 

Andy

[rebel11]

Thread moved.

[AndyOrch]

Thanks Rebel

 

Andy

[stroudsco]

Thanks citizenB

 

There is no solicitor on the claims form it just says (top left) claimant lowell portfolio..... then in the box underneath lowell again, it is signed off bottom left with a typed lowell financial, when I rang to ask for an extension i was connected directly to there normal rude sales team, they told me to do whatever I wanted and they would contact me sometime next week to see if there legal eagles would allow me an extension, I did put out it was them taking me to court and them not sending me there claim details, in which they put the hung up on me... nice.

 

I have looked back through all paperwork and found a barclaycard payment made back in 2004, But this i am sure was paid off, it certainly also says that on the credit report from 2008 and there is nothing on my credit file now.

 

How do I make a donation to the CAG ?

 

AFter this I have a sizzler for you with regards to our mortgage with DB mortgages, who has sent us a letter due to a mis sold mortgage which goes 7 years best the wife's retirement! and where they paid the broker £11,000 - still that is another day!! thanks again I will be filing tomorrow, as I have spoken with the court and they said final day is tuesday

[stroudsco]

thankyou