Lowell chasing barclaycard debt under previous name - am i liable?

[MsMT]

I've been receiving letters from Lowell Portfolio,

all addressed to my married name,

for about three years.

 

 

They relate to a credit card that I stopped paying in February 2009 when I moved

and couldn't get the address changed because I couldn't provide ID in that name

(I reverted to my maiden name in about 2002 after I separated from my husband but couldn't get the name changed on this account).

 

They claim to have taken over the account and, although I didn't receive any letter to this effect from the credit card company or a default notice,

these would probably have been sent to my previous address anyway.

I ignored the letters but they keep coming.

Every time I move house they stop for a while and then start up again.

 

My concern now is that the last letter I had is over a month ago which is an unusually long time

(although I have continued to receive their recorded phone calls every couple of weeks).

The letter stated that they were considering applying for a CCJ

and I am worried that they will go ahead with it.

Are they likely to do that?

 

Can they apply for a CCJ for a person that no longer exists or would they have to contact me under my current name first?

 

 

They have presumably been tracing me under my current name as I haven't had any accounts in my married name since that one.

There are no accounts in my married name registered at any of the addresses they have contacted me at.

 

Should I challenge the debt and thereby acknowledge being the same person or continue to ignore it?

 

I really don't know what to do for the best.

 

Thanks.

[dx100uk]

they certainly can get a claimform started leading to a CCJ

and serve it to your last known address

 

 

is this on your credit file?

 

 

whats the debt all about please

 

 

who

when

etc etc.

 

 

dx

[AndyOrch]

They can sue you in either name...have you ever requested a copy of the agreement they refer to by way of a section 78 request ?

 

I would advise if not.....then the chasing will decrease.

 

Andy

[MsMT]

Hi,

 

It was a Barclaycard credit card that I think I took out some time during the 1990s

but the last payment I made on it would have been February or March 2009.

Lowell contacted me a couple of years later, about 2011.

 

I cancelled my Experian membership a few months ago but,

at that time neither the Lowell debt nor the Barclaycard one were showing on my account.

 

 

Would they serve the claim on me at the address they last wrote to me at

or would it go to the last address I was living at when I still had accounts in that name?

 

I haven't actually ever contacted them at all.

 

 

The first letter I got from them stated that they believed rather than knew I was the person they were looking for

and I figured that if I ever replied I would be acknowledging that to be true.

 

Would I have to contact them under the name they use when they write to me or under my current name?

 

Thanks for the responses, I really appreciate the help.

[dx100uk]

if the account is not showing on your CRA file

 

 

then it was prob defaulted more than 6yrs ago and has been removed.

 

 

however doesn't mean its not owed still mind

 

 

if you last paid in 2009, then it wont be Statute bared either.

 

 

cca time to lowells me thinks

 

 

and p'haps an sar to Barclaycard might be worthy too.

 

 

do you know if you have PENALTY charges or PPI levied?

reclaiming time?

 

 

how much does lowlife claim you owe?

 

 

dx

[MsMT]

It definitely wasn't defaulted before I stopped paying in 2009

which is why I am confused that it appeared to have just disappeared from my record without recording a default.

 

 

I still have the last statement I received from February 2009 but it is packed away ready for another move.

It was for a little over £500.

 

 

I haven't kept any of the letters from Lowell but I think they are chasing for about £650

so somewhere along the way there have been some kind of charges added

and I think I did have payment protection with them but this was probably way back in the early nineties.

 

Should I contact them under my current name?

 

Thanks.

[dx100uk]

could it that's its not showing because

all your old address do not show in the linked addresses section?

 

 

if you are moving again

 

 

it might be better to let the dust settle first.

 

 

then start the CCA & SAR requests.

[MsMT]

I did think that it was possible that the account might have become 'unlinked' from my record because there were no other accounts in that name at any of my newer addresses. It's part of the reason I am reluctant to confirm the connection because I am not sure they can be certain they have the correct person.

 

I guess the best thing to do it to wait for the first letter after I move and start from there (assuming they don't just go for the CCJ without trying to trace me again).

 

Thanks again for all your help.

[dx100uk]

could it that's its not showing because

all your old address's do not show in the linked addresses section?

[MsMT]

Fairly certain all of the addresses were there, including the last address that Barclaycard had for me, just not that account.

[MsMT]

Hi,

 

I've now been able to check my credit file (via Noddle). All of my addresses for the past ten years are listed but the Barclaycard account doesn't show up at all. I don't know if a default notice was ever issued as they wouldn't change my address so I would never have received it. Can they seek a CCJ for a debt that doesn't even appear on my credit file?

[dx100uk]

yes they can its not SB'd

 

 

dx