barclaycard debt sold to Lowell - chasing BC debt

[Hacked_Off]

good news:

I have investigated the matter and this letter sets out the result of those investigations.

 

Summary of your complaint ·

 

You have previously made a Data Subject Access Request (DSAR) to Barclaycard which is yet to be complied with·

You believe this debt to be statute barred· We have been misleading in informing you that we have supplied full statements in response to a DSAR you made to us and we have advised that you would be able to acquire statements from Barclaycard· We are reporting a default from a date that precedes the point of our purchase My findings I apologise if you feel we have been misleading in our responses.

 

I can assure you that we were not implying that we provided statements in response to your DSAR and it appears that there has been a degree of misunderstanding surrounding our correspondence of 7th January 2013. For clarity, statements were supplied to you on 4th January 2013 in addition to the DSAR information we supplied in April 2012. As we do not hold original documentation on file we acquired this from Barclaycard on request. Statements would be provided as part of a DSAR to Barclaycard, not from us.

 

As these have been provided regardless I do not believe that your request in this respect has been left unattended. I have contacted Barclaycard who advise that they responded to the DSAR submitted in order to obtain information on their files on 7th February 2013 which you should now be in receipt of. Included in this should be evidence that the last payment made towards the outstanding balance was for £5.00 on 3rd April 2009 and that this was done electronically. As such I can advise this debt is not statute barred.

 

Please find attached a copy of our notice of assignment which, under the Law of Property Act 1925 is sufficient evidence that we are the legal owners of this debt and that we are permitted to pursue the full balance. This was originally sent to you on 5th July 2011. In respect of your comments surrounding the reporting of the default I can advise that we do not add defaults to an individuals’ credit file but amend existing ones into our name upon our purchase. This explains why the original default date precedes the date of our purchase.

 

Due to the above I believe this balance and our subsequent pursuance to be valid. I can confirm, however, in the interests of bringing this matter to a swift conclusion and without prejudice, that I have arranged for the immediate closure of the account. You will hear no further from us in relation to this matter. I am sorry for any inconvenience this may have caused you and I hope that this response concludes the matter to your satisfaction.

 

The Lowell Group of companies is committed to resolving complaints in a fair and consistent manner and I hope you have found this to be the case. I believe I have fully answered your complaint, however if you would like to discuss things further please do not hesitate to contact me on 0800 542 0058 or write to me at the address above.

 

If I do not hear from you in the next couple of weeks, I will consider the matter closed, but this does not prevent you from coming back to us after this time.

Edited February 26, 2013 by Conniff

[Conniff]

Good news. Oh look, a freephone number.

[BRIGADIER2JCS]

I wonder who Lowell will flog it to now!!!?

[Hacked_Off]

As outlined in my original response, I can confirm the account has been closed and that this is the last you will hear of the matter from ourselves or any other organisation. I trust this is satisfactory.

[Hacked_Off]

Grrrrr , about updating/removing the credit marker

 

 

I must respectfully disagree with your comments. The account has not been satisfied nor settled as we have received no payments towards it or found any grounds for it to be invalid. The default will therefore remain as such.

 

Should you wish to settle the matter in order to update your credit file I would be happy to reopen the account in order for you to do so.

 

Alternatively, and as previously advised, if you have any additional information or evidence that would make me consider my position I would be willing to review it.

 

Should you respond without any additional information I must decline to comment further but will, of course, note the content of any correspondence.

 

Yours sincerely

[Hacked_Off]

Also the default they have marked says 2009 but they didn't buy it until 2010. They say the reason for this is when they took over the account, they updated the default to their name. Surely they can't do that? Hardly a "true representation" of the account

[BRIGADIER2JCS]

This might be construed as ''vexatious'' I suppose, perhaps a call to the ICO to clarify the fairness of continued reporting as the account file has been closed.

[BRIGADIER2JCS]

Also the default they have marked says 2009 but they didn't buy it until 2010. They say the reason for this is when they took over the account, they updated the default to their name. Surely they can't do that? Hardly a "true representation" of the account

 

Yes that's exactly what they must do replace the creditors name with theirs, a proper representation of the status of the account defaulte in 2009 is right, unless of course you would prefer them to place the default from the date Lowell aquired the debt, which of course would be totally wrong!!

[Hacked_Off]

Barclaysharks have finally coughed up the sar.

 

How do i calculate interest on charges?

[Hacked_Off]

Also there's something on the last page I don't understand:

 

CHRGOFF PURCH FEES 114.26

CHRGOFF CADV UNPD FIN CH 4.84

CHRGOFF PRCH UNPD FIN CH 30.27

CHRGOFF CADV PRIN BAL M 50.00

CHEGOFF PRCH PRIN BALM 191.00

[Hacked_Off]

Just had a £100 cheque in the post of barclaysharks as an "apology" for ****ing up the sar!!

[BRIGADIER2JCS]

Excellent!!

[Hacked_Off]

Just occurred to me, barclaysharks sar is incomplete. They haven't included letters and transcripts of calls! Tut tut

[Bazooka Boo]

Are they out of time? (40 days?) If so it won't hurt to give them a little reminder before reporting them to the ICO.

[Hacked_Off]

The sar was put in in November, ico complaint already made

[Hacked_Off]

The plot thickens

 

I cashed that cheque in a pawn brokers. They have just called me and said they have been unable to cash it. The pawn brokers cash with Barclays. Barclays blame Barclaycard, Barclaycard blame Barclays. And in the mean time I have the manager of the pawn brokers on my case and she has been threatened with the money being taken from her own wages!!!!!!!

[Hacked_Off]

Well, been on the phone to Barclaycard and their saying oh well just have to issue another cheque...and in the mean time I get stalked by the brokers and the poor woman has her wages raided!!! Unbelievable!!!!!!

[BRIGADIER2JCS]

Weird, what reason was given for being unable to''cash'' the cq.?

[Hacked_Off]

Barclays have told the brokers that the "sort code must be wrong" but it isn't Barclaycard have confirmed the numbers over the phone with me!!!!

 

I'm so annoyed right now

[BRIGADIER2JCS]

I can only think there is some kind of ''security'' built in to stop 3rd party cheque cashing facilites from banking them.

[BRIGADIER2JCS]

I can only think there is some kind of ''security'' built in to stop 3rd party cheque cashing facilites from banking them.

 

Caution HO people have been banged up for saying bless than that

[Hacked_Off]

I can only think there is some kind of ''security'' built in to stop 3rd party cheque cashing facilites from banking them.

 

That's the thing though, I cashed my ppi cheque early and there was no problem whatsoever.

[Hacked_Off]

Isn't it ironic they send me a cheque as an apology for screwing up my sar , then screw up the cheque!!!! Only Barclays..

[BRIGADIER2JCS]

I would want a full explanation on this!!

[Hacked_Off]

Dead professional isn't he:

 

Thank you for your email.

 

I honestly have no idea. I can confirm that we have not yet sent you a cheque in relation to your complaint that I dealt with.

 

Which dept sent you the cheque...whats it for ?

Is the cheque in your correct name ?

Does it say "payee only" (this means you have to pay it into your bank account...you can't cash it)

Is it properly signed (1 or 2 signatures ?)

What is h and t white chapel - is that a pawnbroker ?

Do you not have a bank account the cheque can be paid into?

 

Let me know and I will see what I can do to help...but please note..any cheque issued by us will say "payee only" across it.

 

Thanks

 

 

Senior Case Manager