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    • thanks dx did i check the wrong thing , i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name, have joint building society account for our state pensions to go in thats it for me, do not want any credit either at our age we just pay the bills when we get them
    • I have been doing a lot of reading but the intricacies of legalities is not always obvious to someone like me  and it’s a lot to take in for someone new to this So how else is it served?  so by that it seems you are saying that they will need proof of postage or will a judge accept that on the balance of probabilities a large company will likely to have sent it?   
    • @jk2054 Thank you for this detailed response, and appreciate you are responding while busy.  In response to your points: In regards to the £25 and £4.82 paid by packlink, in my witness statement, it is clearly explained that this amount of £29.82 is not in dispute. I agree with you that I will focus on claiming under the contract you have with EVRi as you entered into a direct contract with them according to packlink T&Cs.  I also agree that I will focus on terms 3b and 3c of the Packlink T&Cs and apply rights as a consumer, and use the third party as a backup if required.  Does it mean a new witness statement will need drafting to send to the court / Evri?  As per my previous post #246, I am thinking of sending an email to Evri and the court, that I have already sent my WS to them by post/email and attach the email that was sent last weekend to them containing my WS. In the email, is it worthwhile also telling Evri that I will be making a point to the judge that: the Packlink T&Cs provided by Evri in their witness statement clearly explains in terms 3b/3c that when a transport agency (Evri) is chosen by a user (myself), a contract is formed by the user and transport agency. Therefore, Evri's view that there is no contract is flawed, as under the T&Cs, there is a contract formed when I chose for my parcel to be delivered by Evri via Packlink. Evri's own T&Cs also state when a parcel is sent with Evri, a contract is formed between the sender and Evri. Happy to get any more thoughts on the above and then I will send the email either tomorrow or by Monday.  @BankFodder I have provided the screenshots and information you requested in post #248. Please let me know if there is anything you want to add to the above, before i send the email out to Evri and the court. FYI - Court date is in 2 weeks on 7th June.
    • as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise. dx  
    • hi word for word the message says please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++ that was sent on 20th feb, i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress,  will probably check again to see if there is anything  thanks for your help   
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Lowell's/Hampton's - claimform - Barclaycard debt - 20k - Help


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Stroud, I thought you said you had an issue you were going to post up about DB mortgages. I cant see a new thread ?

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Hi Citizen,

 

Hope you and the team had a good one.

 

I didn't want you guys to think I was taking the michael by having two running threads...

 

Although I'm nor sure whats happening with lowells now... as not heard anything... so will post up something tomo :)

 

Thanks

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:thumb:

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  • 4 weeks later...

Well they say "no news is good news"

 

:)

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Hi citizenB,

 

I'm having quite a nice time so far this YEAR!! two bits of news for you :))

 

I spoke a little to soon, had a letter this morning from Hamptons, quite a nice letter infact, they still claim that I owe £21,872.80 however they are currently unable to find the information I require however they are still trying to obtain it, they will however offer me a 60% discount bringing the total and final settlement to £8,749.00 or offer a £20 a month installment plan until the full balance is paid - so that would be 1093 payments over 91 years.

 

Also had a call yesterday about our MPPI payments to halifax for the mortgage we had before DB, seems like we have a small refund of £15,878.63 coming next week.

 

Will post the DB problem soon as they offered £50.00 how nice.

 

Speak soon

 

:whoo:

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:lol:.. so the minute you agree to pay the £20.00, and are committed for 91 years !! They will start hounding you because the length of time is too long, or they will want to turn the debt into a secured one by way of a charge on any property/asset you owe !!

 

That other piece of news is excellent isnt it :)

 

Hmm.. well I rather suspect you wont be accepting the £50.00 from DB though !!

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The thing I find worrying about this whole matter is that I really don't know what there on about, I still stick with my first post...

 

I can't find any reference to a credit card that was outstanding £20k, the ones I had where settled, they have never offered or given any information about the debt and even tried to trick me into paying something on the account, how many people would have just given up after 7 years and decided to pay £50 a month.

 

A real scary thought!

 

Get yourself ready for DB it's a real corker!!

 

I thought this PPi stuff was a bit of a joke, can you believe that we have £16k coming back, JUST ONE CALL! they did the rest! :)

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Hi Again,

 

As mentioned in the last post, I had a letter from Hamptons (lowells) last week advising me that they were unable to provide the information requested in a timely fashion therefore they would except an offer of £20 per month until paid (without prejudice) which would have taken 90 years to pay back.

 

They also offered a 60% discount if it could be paid quicker, or they would consider lower installments, two days later I had the enclosed scan ) the doc is that bad, not my scanner :).

 

They have sent me a Barclaycard Application from 1994, I have had Barclaycard's in the past but I have records of them being closed albeit with settlement offers.

 

Really not sure what to do again, this has been going on for years & years.....

 

Newscan.gif

 

HELP :)

 

Thanks all, this will never go away...

 

opps..

 

The letter says please find enclosed a copy of Agreement as requested.

 

Contact us if you have any further queries.

 

£21,872.80 -we accept payments via debit and credit cards.

 

Yours faithfully

 

?

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When was the last time you paid anything agains tthe BC debt or acknowledged the debt in writing? If less than 6 years send the in dispute letter and ignore; an application form is not a credit agreement. The have acknowledged they don't have anything hence them offering you a discount.

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That document is one of those that you seal round the edges and send back. There will have been no prescribed terms attached because once you fold that over there is just the address..

 

So I dont think that would be acceptable. You need other advice though to be absolutely sure.

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3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Stroud, when was the last payment made to the account ?

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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This is where I made a little mistake :(

 

As I mentioned got into loads of debt etc.... I had three accounts handled by Lowells, two that I knew about and did infact make payment plans and have now cleared them both off, this Barclay's one had always been denied by myself - requesting proof for over 6 or 7 years.

 

About 2 years ago I agreed a payment plan to clear the other two off, one was fine but after a month I realised that I had confused the supposed Barclaycard debt with the other agreed one, I called Lowells, told them my mistake changed the payment to the correct debt and at that point again asked for proof, I have the letter sent to Lowells discussing the error at that time, and also to show that the payments then went to new account which is now settled.

 

I know it was a stupid mistake but they have been trying to catch me out for years.... other then that one payment.

 

Right... I do have a credit report from 2009 which mentions a Barclaycard with a credit limit of £1,000, the only other mention on that report is a Barclays Select account which had a default balance of nearly £15,000 (Bad Boy!) this has been cleared and I have paperwork to prove, The two Lowells are also on there, both cleared with paperwork to prove.

 

I have just gone back over every statement on all my bank accounts going back to 2004, the only payment I have to Barclaycard was in June 2004 for £914.00 which ties in with the £1,000 limit card which shows on the 2009 credit report as paid and closed.

 

I have a new credit report which has none of the above, the Barclaycard £21,000 debt has never been on the reports, I have no record of it going back to 2004 in my accounts ....

 

The application form shows no account details on it...

 

I have said this to Lowells for nearly 7 years...

 

:)

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Have you routinly archieved your CRA reports?

If so look back to get the default dates as an indicator

to SB dates.

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Stroud,

 

Do you have anything to say or to show these supposed payments were paid to the wrong debt? IMHO Lowell should know what they are chasing for, I would think like already mentioned any payments made to the wrong account were made under duress and left at that.

I briefly read this thread, however did you send a SAR to Barclays? and if a did you get a response?

 

Also have you sent Lowell a statue barred letter?

 

It might be also worth while replying to the letter what had the application form and telling lowell this is not what you requested after all it is an application form not a CCA.

 

Normally when a DCA offers you a large discount as again already mentioned it usually points to them having a panic and trying to get something out of you as otherwise they will get nothing.

 

Just make sure you keep copies of everything.

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Thanks Guys,

 

As I mentioned, I did into a lot of trouble when my businesses went into a CVA in around 2005 I think, I had letters from Lowells to do with the three debts, two I agreed with and paid which are now cleared, I asked for proof on the Barclays debt back then as I seem to remember I had thought they had a mix up with a Barclays select account which had a balance of over £15k I did however come to an agreement with Barclays and again paid it off, every time I asked for proof I would hear anything for about a year then it would be passed to Hamptons, Red back to Lowells and so on... I got to the point in 2009 when they wouldn't provide proof so I got a credit report, there was nothing on it for Barclay's for 18k, the only debts where the two agreed Lowells and Barclays select which all show satisfied, at the time I mentioned this and was left alone for another year or so...

 

I contacted Barclays how I now bank with and they said they couldn't help, I didn't send a SAR to Barclays only Lowells, On the letters I have here it shows as Lowells as the original client anyway.

 

I haven't sent a statue barred letter as I dont know about the account they claim..

 

Brigadier2jcs - the earliest Credit report I still have is back to May 2009 - Credit Expert (experian) this mentions nothing about a 18k debt, It has three Barclays debts all paid including a Barclaycard which is satisfied and I have proof that I paid it, this was only £1,000, this is the problem I don't even have a default date, I do know that it was around 2006 that i first had contact with Lowells and back then I questioned it so it wasn't anything current then!

 

Stev07790, I have kept most of the correspondence which is around 30 of there letters and my responses, I only made one payment which was stopped the month after, this is how crafty they are, last year I made a final agreement of the other debt and paid on the phone, they then tried to allocate it to this account and even more unbelievable, I asked for confirmation the the account was settled when making the final payment (which was a settlement) on one of the other accounts, I did get the email.... I had paid around 2k on a 3k debt, I had the email confirming settlement!! I then received a call stating that there was a £1,000 outstanding and that they were passing it there legal team!!! Told you unbelievable!!

 

I have kept a huge file of letters, CRA reports etc.

 

Thanks

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I rather suspect that it is Barclaycard you need to send the subject access request to.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 months later...

Update - and what a surprise...

 

Heard nothing since November last year, nowt form the court and today a letter:

 

From Lowell's saying that I have not repaid and the amount on the front it says i owe £16,841.62 and on the back of the letter its got a great break down of costs:

 

Opening Balance 01/03/2011 £16,841.62

No Payments

No Adjustments

No Fees or Charges

Closing Balance 30/04/2012 £21,872.80

 

So where has the other £5,000 come from :) ?????

 

oh and it is no longer going to be collected by Lowells but we have a fifth company by the name of Scotcall, I sent a letter to Barclays head office quoting the ref number and included a copy of the lowells agreement and heard nothing.

 

I did think as I hadn't heard for 6 months again, that it had all been sorted.

 

Hope everyone's OK and speak in 6 months ;))))

 

dave

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There was a claim issued on this account - it was stayed wasnt it?

 

You need to find out what that extra £5,000 is for - seems to me as though they might have added their litigation costs and as this hasnt been to court then they cant do that ?

 

However, if you could just summarise for us we should be able to sort it out.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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