Lowell chasing close to SB Barclaycard debt

[Irishson]

Hello all.

 

I have been getting the occasional letter from Lowell now over the past couple of months,

well over a year and they're onto Red Collect Blah Blah.

 

It's for a credit card I had years ago,

 

now I checked Noddle last night and I have a default every single month on my file from Lowell!

 

I wasn't even aware they are able to default, but the original default was in May 2008

so if I bide my time to May does this mean it should come off my credit report

because by then it will be 6 years old?

 

Also if I were to pay it off in full will it still drop of my report in May as it still would be 6 years old?

 

Also I have a debt for an overdraft on my report which will be 6 years old in November

so just to check does this mean it will come off in November

as I believe it's 6 years from the date of the original default which was in November 2007?

 

Any advice would be great!

 

Irishson

[Bazooka Boo]

Yes ALL defaults 'should' auto drop off your file (CRF) after 6 years from the date they were placed on their.

 

Your OD who is that with? And how much of that is charges?

 

Who is the credit card (CC) with?

If it has got to this stage of the game and lowlifes have it and are passing it from one desk to the other then there is clearly something wrong with it, OC's don't wait nearly six years to collect on a debt if they think they can get it back.

 

Be wary of lowlifes at the minute as they're getting quite litigious of late, not that that should worry you at all.

[Irishson]

My credit card was with barclaycard, and the balance is £600, so the last letter I got from red said if I ignore they are assessing if the can make me bankrupt although it says in the letter that the debt has to be over £750 for them to do that?

 

The overdraft was with Lloyd's no idea if it's with anyone else, it was £1600 but the Noddle balance is £2227, so around £600 in charges I'm guessing.

 

Should I pay through Lowell?

[Bazooka Boo]

NO NO NO!!

 

PAY NOONE, just yet! And certainly not these cowboys.

 

If Lowell/Red/Hamptons/Tocatto or whatever name they are using this week is threatening you with BR, and you have it in writing, then that itself is grounds for a serious complaint to the OFT & TS.

You are correct, the min limit for BR is £750.

 

If this is a CC then I bet there is plenty of fess and charges which can be reclaimed from it, which will bring the total outstanding down.

 

When did you take this CC out? Pre or post 2007?

 

The OD can be argued, are Lloyds demanding payment off you for this yet?

On your CRF what name is next to the default entry?

[Irishson]

The credit card was taking out in July 2005.

 

The last letter I got from Lowell/Red was fairly generic, simply saying they will access my cra to see if they can make me bankrupt, but the letter itself says only if the debt is over £750, so they already contradicted themselves.

 

The OD, info simply says Lloyd's, by the default no other information as to who has it?

[Desperate Daniella]

Hi,

 

Have you ever asked for, or been sent, a copy of the original alleged signed credit agreement?

 

Was this card always a Barclaycard, or was it another card first, then taken over by Barclaycard?

 

DD

[Irishson]

No I've never asked for it or seen one. It was a Barclaycard because I took it out through a stand in a shopping centre?

[Desperate Daniella]

Then that is the first thing to do.

 

Write to them and say that you require them to supply you with a copy of the alleged original signed credit agreement. You have to send them £1 and I would send a postal order so they don't get a cheque with your signature.

 

There is a template you can use, but I have only ever sent any of the DCAs a one line request as above.

 

You can also point out that the £1 is payment for the copy of the credit agreement and is not to be considered as a payment towards the alleged debt.

 

As you were in a shopping centre it may well be that what you signed was an application form without all the required conditions.

 

They will probably send you some kind of reconstituted agreement saying it meets the requirements of Section 77/78, etc., and we can argue it from there.

 

The first and most important thing is to see what they have got.

 

DD

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

Yes send them the letter above, enclose a £1 postal order don't address it to anyone, mark the back of it "For statutory CCA fee ONLY"

Always PRINT YOUR NAME, send it either 'recorded delivery' or 'Proof of posting' which is free from the PO counter'

 

They have 12+2 working days in which to send you the CCA.

 

As it is pre 2007 and you took it out in store, then there is a very good chance they don't have one and will have to come up with a recon, which can be argued.

 

Are lowlifes the first DCA to try it on and get money off you?

Did BC ever inform you they were passing it onto these clowns?

[dx100uk]

might be an idea to start a sep thread for the Lloyds OD.

 

dx

[dx100uk]

if the CC default is may 2008

the state barred date can be anything upto 6mts or more before the default.

 

when did you last use/pay anything on the card?

 

dx

[Irishson]

I have moved a few times, so I personally haven't received any letter from BC,

 

I did get a letter last year from Lowell introducing themselves

which had the Barclays logo on it,

 

the letters from Lowell have been coming since about a year ago,

it went Lowell to red then I moved and Lowell to red again,

I haven't had any contact with them other than their one side letters.

 

As for the Lloyd's overdraft I haven't received any requests or information from them or any company in relation to it.

[Irishson]

The last payment I remember was 2006/2007 but I really can't be too sure as I haven't kept any info from it because it was a while ago. I think the last contact was somewhere in the region of 2007.

[dx100uk]

contact means NOTHING

 

if you look on noddle see below

 

they will show the last payment

 

sounds to me like its SB'd

 

debt gone!

 

dx

[Bazooka Boo]

Woohoo! How did I not spot that??

 

Defo check your credit file..

[Irishson]

It only lets me go back to 2012 with the Lowell entry and it's £600 consistently with a default on every month up until now, there's no info pre 2012?

[dx100uk]

is there not a little pulldown arrow [blue]

[dx100uk]

if not

go ring Lloyds now and ask them directly when you last payment was

 

dx

[Irishson]

The Lloyd's account goes as far back as 2007 on Noddle and the earliest entry on Noddle is September 2007 which says behind, and it was marked as closed in November.

 

The Lowell/BC will only go back as far as oct 2012, which originally I thought was when they might have purchased it, but in their original letter it stated the purchased it in 08/09.

[slick132]

Hi Irishson,

 

As already suggested by DX, start a new thread to discuss the Lloyds and keep the discussions separate.

 

[Irishson]

Hello again,

 

with respect to the Lowell situation,

 

'Red' have sent another letter saying,

 

"if I choose to pay the full balance they will offer a 30% discount,

and if they don't receive payment in 10 days they will pass it to hamptons legal."

 

I'm aware that hamptons is just another name of Lowell, but the offer of discount seems pretty strange to me?

 

I was also curious as the only mention on my credit report of barclaycard is the Lowell entry,

 

does this mean that it will come off my report 6 years from the date of the original default in 2008 or from Lowell's entry in 2012?

 

I'm in the process of challenging PPI from an alternative account

so would I also be able to pursue a similar case with barclaycard?

Or should I just leave it be?

 

Irishson

[slick132]

Hi Irish,

 

A credit card debt will be sold by BC for less than 20% of the unpaid balance so if a DCA settled for 70%, that still represents a tidy balance.

 

If you settle the debt for less than the whole balance, the CRA entry will reflect this. I think the CRA will continue to show the DN for 6 yeras from 2008.

 

If there are any penalty charges and/or PPI to be reclaimed, I'd do this before coming to any deal about settleing.

 

[dx100uk]

the account will vanish from the CRa file on the original defaults 6th birthday

regardless to whatever you do , paid or unpaid.

 

dx

[Bazooka Boo]

"if I choose to pay the full balance they will offer a 30% discount,

I'm aware that hamptons is just another name of Lowell, but the offer of discount seems pretty strange to me?

 

The offer of a discount is because they know they have nothing to go on, and are clutching at straws, anything they con out of you will be better than nothing.