Lowell using SD for old BC debt **WON WITH COSTS**

[42man]

I am pretty sure it will only be one SAR

[Noumidia]

Thank you, i will try and mention 2 different account numbesr in the reference section of Sar letter.

[paulwlton]

make a payment now so the balance is under £750.

 

There's an argument for an abuse of process as they are attempting to circumvent statute. The CCA 1974 sets out requirements lenders must follow for enforcement.

[Noumidia]

I dont want to make payment because I do not acknowledge any debt to Lowell company or its clients until i get the SAR.

[Noumidia]

I received a court letter regarding the SD

 

1) The creditor shall by 4 pm on the 12/06/12 file with court and send to Mr xxxxx a statment exhibiting all documents upon which they intend to rely in support of the debt.

 

My question is if they provide all the document i asked for can i add in my application that the account is in dispute regarding the credit card charges.

[unclebulgaria67]

You would mention it, but it would continue outside of any court proceeding as well. If the SD was to stand and they ever moved towards bankruptcy, then any issues about charges could be addressed at that time.

 

No expert on this. I think the SD is only an enabling device that can then be used for bankruptcy proceedings, if the debt cannot be resolved by other means.

[Noumidia]

In the court letter regarding the SD:

 

1) The creditor shall by 4 pm on the 12/06/12 file with court and send to Mr xxxxx a statment exhibiting all documents upon which they intend to rely in support of the debt.

 

2)The applicant (me) Mr xxxxxx shall by 4 pm 10/07/12 file with the court and send to the creditor a statment in reply.

 

3) The court day is 14/08/2012.I was told by the district judge that if Lowell miss the deade line then write to me to inform the court that they defaulted.

 

My question is there any special template letter? or what happen next

[42man]

You could edit something along the lines of this and send recorded delivery to the court)

 

Dear Sir / Madam

 

Case reference:

 

In the case of (Nasty DCA vs XXXXX)

 

On request of District Judge (name) I wish to inform the court / District Judge (name) and in line with the order of the court

 

That the claimant has failed to file any statement / documentation by the given deadline.

 

In light of the abuse of the insolvency rules, the defendant now requests a strikeout with an order for costs against the claimant.

 

I hereby declare that the facts laid out above in this statement are true.

 

(signed)

 

(dated)

[Noumidia]

Thank you for the advise 42man and i will be very happy to make a donation when the cost is setteled.

[Noumidia]

I requested a SAR from Barclay Bank on 21/05/12 relating credit cards, however i have not received any reply from them, is there a template letter to follow? or do i need to call them.

[Old Cogger]

I requested a SAR from Barclay Bank on 21/05/12 relating credit cards, however i have not received any reply from them, is there a template letter to follow? or do i need to call them.

 

They have 40 days to respond from the date they receive the letter, I take it you sent it Recorded Delivery?

Once 40 days are up allow 2 days then if not received you then go to I.C.O. website and fill in a complaint form giving dates etc.

 

ICO must be getting fed up with the complaints about companies not complying with the rules, good maybe they start fineing them.

 

HSBC got a slap on this one after I complained.

Edited July 10, 2012 by Old Cogger

[42man]

You should send a letter recorded delivery headed LETTER BEFORE ACTION, enclosing a copy of the original SAR request, giving them a further 14 days to comply there is an example here - http://www.consumeractiongroup.co.uk/forum/showthread.php?178660

[Noumidia]

I received my SAR this morning, however i am very disapointed of what they send.

Barclays are using their dirty tricks again when dealing with customer complaint.

 

They send the following documents.

1. Credit Agreement.( PPI not tick)
   
2. Dozens of corresponding letters.
   
3. Data protection act reporting,
   

which contains

1. a history of communications,
   
2. credit limit increase,
   
3. missing payments,
   
4. last payment,
   
5. Default notice,
   
6. date PPI was cancelled,
   
7. date the a/c was sold
   
8. a load of usless information.
   

They never send a statment which shows

1. transaction
   
2. charges
   
3. PPI and life insurance.
   
4. I requested SAR for 2 Accounts and they send incomplete information only for one A/C.
   

I am preparing a letter before action (ConsumerWiki - Data Protection Act: Non-Compliance,template 2).

Thank you 42man for all your assistance

[42man]

If they do not hold certain things / information then they have to confirm this in writing too...

[Noumidia]

Today,I received a letter from the court relating (see #33):

You letter dated xxxxxxxx was reffered to the District Judge who has directed that requests will be considered at the hearing on xxx August.

My problem is that i am not available during the date of the hearing and i dont know what to do. Do i delay the case ? which will cost about £80.

Please any help and thankyou

[Old Cogger]

Get the date changed or attend, too many people it seems do non appearance and loose, it is an important matter, and reading lowell threads you have to be careful , but others may be able to assist you with an idea , let us see.

Edited July 11, 2012 by Old Cogger

[Noumidia]

I can not attend because during this date i will be abroad and if change the date can i add the the cost to the claim ? or Can Lowell submit new evidences.At the moment the case is in my favour because they defaulted to submit the documents asked by the court.

[unclebulgaria67]

Discuss with the court.

[Old Cogger]

Do as I did letter to the court quote your Case number inform them your dates that you are away, send Recorded Delivery, and ask for acknowledgement.

[Noumidia]

MIKE770, I thought you need to to fill in a special form N224 or some thing. So what happen when you send the letter? did you get any acknowledgement?

[42man]

No need to fill in an 'N' form these are usually used for civil cases this is for an insolvency case....if in doubt ring the court up.

[Noumidia]

Thank you 42man and is there any special template.

[Noumidia]

I received my SAR this morning for both credit card accounts.However, the transactions were dated from 06/2004 to 06/2012 and the card were issued:

1. Barcalaycard was issued 05/1997 and was sold on 06/2006, i know i canceled PPI on 02/2004, card protection, live insurance.
   
2. Barclaycard (Mastercard) was issued 06/2000 till 2007, In the statement they dont show when they took about £800 from my current a/c on 11/2010.
   

So i am unable to claim charges on both account or to proove that the debt in Mastercard is less than £750.I send yesterday a letter before action requesting that "If you do not hold certain things / information then you have to confirm this in writing too ".

[Noumidia]

I phone the court yesterday,asking them to change the hearing day, and i explained to them that the case is an insolvency case, the operator firstly said :"you need a N form." and i replied :" Is not a civil case" and then he put me on hold for few minute and said :"you need to fill a form 7.1.A and cost £70 ".I phone, twice and those courts operator are useless, I still dont know what to do and i am going away next week. Is anyone there had the some problem?

[42man]

You can find the form online just google 7.1.A, I am however shocked to hear that it costs this much !!