Lowell portfolio & barclaycard CCA request

[trianglehead78]

Hi there

 

Not sure if this is the right section to post in but here goes.

 

I've requested a copy of my CCA from lowells as they claim to have bought a previous debt of mine. they have sent a letter in response but, I am unable to post a link as I haven't made enough posts on this forum.

 

It says:

we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974.

 

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement together with statements.

 

Whilst we endevour to reply with the required information within the prescribed 12 day period under the consumer credit act you will appreciate this is dependent upon receipt of the information from the original creditor. We will advise you further if it will take longer than the prescribed period.

 

When lowell purchases a debt from a client we issue a letter of assignment to the customer which fulfils our legal obligations under the law of property act 1925. This letter was sent to you on the 23rd April 2010 and we enclose a copy for your perusal and retention. We would not normally issue a specific deed of assignment unless the matter had progressed to court action.

 

The copy of the letter that they claim to have previously sent was never received as, the address is my parents. Also the amount on it is the same then as it is now(surely they would have added costs over the course of 2 years??)

 

The first letter I received from them was when I returned to the UK from living abroad. It contained a supposed letter from the original creditor on their headed paper but, as far as I can tell the letterhead is not an original and, it is marked page 1 of 2.

 

Sorry if this is a long winded post but, could somebody out there let me know what the next course of action should be? I am in the process of requesting a copy of my credit file to see if they have added a default of their own as, the debt is nearly 6 years old.

 

Thanks

[Bazooka Boo]

Well the time limit is running, once they are out of time then they can be sent the failed letter.

 

Wait and see what's on your credit file, what was the original debt and who with?

[ims21]

You won't get the deed of assignment.

 

The copy letter they have sent you would be good enough. If there name is against the debt on the CRA file then they will own it.

 

Since the account was terminated by the original creditor Lowell can't add any further charges.

 

They cannot default you again for the same debt, they can only update the existing entry to reflect the fact that they are now the owner.

 

Next course of action is wait for them to comply with the CCA request.

 

If you are nearly six years from the last payment or acknowledgement in writing then be careful not to acknowledge the debt.

[trianglehead78]

The original debt was with barclaycard in the £800 range. Their reply letter was dated 5 Dec so, would that mean they have until 20th dec (business days)to supply the documents?

[ims21]

12 + 2 days from receipt of your request.

 

If they can't then technically they should cease collection activity until they can supply the documents.

[Bazooka Boo]

12+2 working days from receipt of your request.

[citizenB]

If you follow the instructions below, you should be able to post up your document/letter - you MUST remove any identifying information / barcodes from the letter first

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[trianglehead78]

well guys, after a long break away from the computer and, a lot of letters from lowells stating they were still looking for the original credit agreement, I've just got a letter through the post reading:

 

After liaising with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you

 

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from barclaycard

 

Now, I know the amount owed is still there but, I was wondering what action, if any, should be taken?

 

I also note that they have not returned the £1 sent for the credit agreement

[slick132]

Looks like Lowells have given up and will bother you no more.

 

If you want to pay this off at a rate you are able to afford, or you decide to not pay the a/c off, that's your prerogative.

 

As the matter is still in dispute and they've not resolved it, they should not sell on the debt. However, that could still be a possibility.

 

Ask them for the £1 CCA fee to be returned and seek their confirmation that the CCA fee was not paid as a credit toward the alleged debt.

 

[trianglehead78]

thanks for the reply. Think I'll leave the request for the £1 back. Don't think I want to stir the hornets nest

[Bazooka Boo]

I wouldn't leave them with 1pence of mine least of all 100 of the buggers!

 

You NEED that returned, don't feed their vile machine,

 

Dear bill&ben,

 

Thank you for your recent correspondence dated dd/mm/yyyy the contents of which have been noted.

 

You failed to return the statutory fee of £1 which I sent along with my CCA request, I look forward to receiving this promptly.

 

Regards,

[PRINT NAME]