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Orchid47

Barclays just sold my OD debt to Lowells

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Please can you help me?

 

I have suffered huge financial problems with the Recession. I have a £6K personal overdraft with Barclays.

In Feb 2010 I wrote to Barclays and explained I couldnt pay my Overdraft, explained why not and please could I pay a token gesture of £1 per month until things improved.

 

They agreed and so I've been doing this.

 

I also at the same time requested an SAR from the bank which they sent me (pages and pages of it)

 

Two weeks ago I opened a letter from Lowell's to say Barclays had sold on my debt to them and can I contact them to arrange a payment plan.

 

I have now got to do this, but just wanted to check with you guys how I should do this?

 

My personal financial situation is still dire.

 

I've a LTD company but just manage to get barely enough work each month to pay work bills etc.

I'm not going to give up my business.

I dont and havent paid myself a wage for several years, just want the company to survive until the downturn picks back up.

 

I refuse to give up and go on Income Support.

 

Please advise me on how best to deal with Lowell.

 

I've a 14 year old, a new partner (whos also self employed with minimal work)

 

Thanks

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Hi Orchid

 

Welcome to CAG

 

Have you made a Hardship claim to Barclays to recover Penalty Charges? Thats something you should do.

 

http://www.moneysavingexpert.com/reclaim/bank-charges

 

Also have they sent you a letter of assignment?

 

Were you mis-sold PPI on the overdraft?

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Hi welcome to CAG,

The bank can sell a debt at anytime.

Have you checked your credit files

recently?

Quite simple really write to Lowell

and tell them you had a payment

arrangement with Barclays and you

will be making the same payment of

£1.00 per month by standing order,

they'll bleat and moan about it must

be a direct debit, but you are in charge

of your money and you know what is

reasonable for your situation.

Debt collection agencies have no powers

at all so if they want I&E details refuse to

comply.

Keep ebverything in writting Lowell like

to intimidate on the phone.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Can I apply for a Hardship claim even though Barclays have closed my account and sold the debt?

 

Thanks so much for any advice its hugely appreciated.

 

Yes I will do all correspondance by letter. I dont telephone call anyone because they treat you like scrum!

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I don't think you'll need to do that, you

had a payment arrangement on the account

agreed and working, even if this was escalated

to court they would ge no more than the £1.

Just remember your in charge Lowell most

certainly are not!!!

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Orchid - yes, you can write to Barclays regarding a hardship claim, as they are the institution that took excessive charges in the first place. Follow Rebel's link and if you need any help, just let us know.

 

I managed to get just over £600 back from Barclays due to a hardship claim two years ago due to what I conjectured were excessive charges and interst on charges that were levied at a disproportionate rate.

 

Best of luck.

 

H. x


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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One more quick question, hope you dont mind

 

I have been in financial difficulties since 2010, my income and situation havent changed in the last two years, I'm just trying to get by until things pick up again, so is it OK for me to still ask to pay £1?

I really dont have anymore money I can afford as I've no income apart from a little bit of working tax credit

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Just discovered I was paying Barclays an Overdraft Protection fee each month, I'm not sure how long I paid it for at this precise moment, but it was in the reagion of £32 per month at 0.80p per item.

Is this the same as PPI?????

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Not the same, but you can still reclaim it if it was mis-sold.

 

"Just as in the case of payment protection insurance you would expect the lender, or the banker in this case, to give the customer the opportunity to buy into the program. Payment protection insurance as well as overdraft protection are not mandatory and the banker cannot ask you to opt out of them but must rather ask you to opt in. If you were not given that option to have cover on bank charges for insufficient funds then indeed you were mis-sold this insurance and are entitled to make a PPI claim against the bank. There are however some differences. Overdraft protection can be purchased by people who are self-employed or temporarily employed because it doesn't take over payments on loan rather it helps you to avoid bank charges for insufficient funds if the check should go through before other funds are clear.

 

If the financial institution mis-sold you overdraft protection you do have recourse to get your money back. In similar fashion to submitting a PPI claim to recover money you would also submit a claim against overdraft protection for insufficient funds. The unfortunate thing about this particular cover is that it can indeed help those individuals who have trouble balancing their checking accounts and are constantly plagued with bank charges for insufficient funds. Unlike payment protection insurance, overdraft protection can actually be utilized by everyone as we all are subject to making an occasional mistake in keeping records. If your bank or refuses to refund your money when you bring a claim against that financial institution for mis-sold insurance that is supposed to cover bank charges for insufficient funds, you can always appeal the decision with the Financial Ombudsman Service."

 

- from ppiclaimcompany.co.uk


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Ok, I'm a bit confused here.

I had an Overdraft facility of £6k.

 

I didnt exceed my overdaft limit. But they still charged every month a set Over Draft Protection service charge of £32 dating back as far as 2005 when I took out the Overdraft.

????????

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Whether you used the facility or not is a bit of a moot point. You had the O/D protection insurance. Was it mis-sold? In other words, were you given the option to opt-in to the insurance or did they just take it as read and tick the box for you? If they didn't inform you that it was "opt-in" and/or suggested that it was a prerequisite of the O/D arrangement, then it was technically mis-sold and you may well have a claim.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Ok some banks charge a ''management'' for want of

a better phrase to cover the costs of servicing the account,

usually a minimal amount.

My question would be what was the protection provided

and was I compelled to have this to get the overdarft facility.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok, does a SAR include any copies of agreements taken out?

 

I cant find anything that explains what it is for.

 

What shall I do?

 

All I have is a letter with two pages of details of interest and charges applicable to the overdraft,

but nothing that I can see refers to the £32 per month charge.

 

Its my bank statements that refer to the Overdraft Protection fee each month and the deduction

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A SAR should include a copy of the original agreement, statements (detailing payments, credits, debits and charges) and any other information regarding the account. If you send a SAR, it should show the O/D charges as well - part of the financial transactions/charges directly relating to the account. If not included, you're within your rights to write and ask why, copying your letter to OFT, FoS, etc.

 

Make sure you keep all those bank statements. They're your proof and it will also save you time/money requesting copies again if they're not included in the SAR.


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Ok, SAR in hand.

What on earth do I need to look for now??????

Its massive and soooo complicated to make sense of.

 

I cant find any agreements in the SAR for my overdraft and any info on the overdraft insurance which they took each month since Dec 03.

I can see interest charges and unpaid charges.

 

I've received a letter in the post today saying

"as I have failed to pay my account will be sent to Tocatto Ltd who will be instructed to pursue the debt and recover the full balance"

So, any advice would be hugely appreciated

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There is no regulated agreement for an overdraft!

I would write to the Data Controller regarding the insurance they

should supply the details of the cover and premiums, but I think

they may come back with that they acted as introducer only to a 3rd

party insurer.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Not sure who you mean by the Data Controller????

 

Can anyone please clarify and help me with my #17 post?

Thank you

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I've posted a feed in #Debt Collection Industry and am waiting for some advice. In the meantime I wondered if anyone can update me on Tocatto.

Lowells look they have sent my details to them

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Yes just another DCA.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes just another DCA.

i noticed these had done a search on my credit agency googled them and yes they are.just another dca its my 6th one on a littlewoods catalogue 10 year old debt statue barred i have tried to post a new thread but the forum wont let me for some reason :(

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Does this mean lowell have given up

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Tocatto are in the same offices as Lowells....

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Tocatto Ltd5069843

 

Categories:

 

Consumer credit Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Carringtons Veriti

 

Issued Date: 14-Jul-2004

Date Maintenance Payment Due: 13-Jul-2014

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePosition Andrew Paul Bartle James John Cornell Joyce Elizabeth Newman PHILIP SCREETON Richard Llewellyn Davies

 

Historic Individuals that run the organisation:

 

NamePosition Chris Sales Christopher Michael SalesOFFICER Hugh RichardsDIRECTOR Joyce Elizabeth NewmanOFFICER Tom Sweet-EscottDIRECTOR

 

Nature of Business:

 

Other

 

Current Address(es):

 

Address TypeAddress CorrespondenceEnterprise House, 1, Apex View, LEEDS, LS11 9BH, United Kingdom Principal Place Of BusinessUnit 5, Fulwood Park, Caxton Road, Fulwood, PRESTON, PR2 9NZ, United Kingdom Registered OfficeInterchange, 3, Apex View, LEEDS, LS11 9BH, United Kingdom

 

Historic Address(es):

 

Address TypeAddress Principal Place Of BusinessEnterprise House, 1, Apex View, Leeds, LS11 9BH Principal Place Of BusinessEnterprise House, 1, Apex View, LEEDS, LS11 9BH, United Kingdom Principal Place Of BusinessProtection House, 83, Bradford Road, Stanningley, Leeds, LS28 6AT Registered OfficeByron House, 7, St. James Street, London, SW1A 1EE Registered OfficeEnterprise House, 1, Apex View, Leeds, LS11 9BH Registered OfficeEnterprise House, 1, Apex View, LEEDS, LS11 9BH, United Kingdom


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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tocatto are as stated lowells and this branch specialise in debts that are approaching being statute barred

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