lowells/barclaycard debt

[jones2788]

Hi all

looking for advice

 

 

a previous credit card debt has now been passed onto lowells who sent a letter asking me to phone.

 

I didnt phone

 

 

i sent the cca letter requesting my cca with a £1 postal order.

 

 

I received a reply yesterday saying my account with them has been put on hold because they are trying to get the original cca from barclaycard.

 

This is for a credit card i took out in 2004 and was paying up until 2009 but hit hard times.

 

 

i have not paid anything since then and

 

 

was wondering what the next course of action is please?

 

 

on my credit file it says barclaycard settled my account

then lowells took it over/bought it??

 

 

any help would be much appreciated thanks ☺

[Stigman]

Hiya,

 

Just sit back and relax until Lowell's come back with your request for the CCA.

 

Your Credit File is correct if the debt has been sold on by Barclaycard, Barclaycard will mark your CRA File as a £0.00 Balance and as setlled, then the new owner will create their own entry but the default date must remain the same.

 

When/if Lowell's come back to you please update this thread, scan in, remove your name, address, barcodes, full amounts etc. to avoid traceability & advise will follow.

 

Stigman

[dx100uk]

make SURE lowells have not changed the defaulted date in the summary top line

of their entry from what entered by BC

 

 

and what date is this please?

 

 

dx

[gregs07]

Sit tight wait for cca to come back, chances are they won't have it. You'll just get all the flannel off them saying despite the fact theres no paperwork you still owe us blah blah. If you defaulted in 2009 the debt will drop off you credit file at some point next year. Good luck and don't sweat.

[jones2788]

Ok thanks what can i do if they dnt produce the cca?can i then get the account off my credit file?cheers

[BRIGADIER2JCS]

Ok thanks what can i do if they dnt produce the cca?can i then get the account off my credit file?cheers

 

 

Can you answer dx question please?

 

 

The absence of the CCA will not allow removal of the credit file entry.

As this was signed up prior to April 2007 Lowell Must have the original

agreement or a proper copy of it to enforce via the courts.

[Stigman]

what can i do if they dnt produce the cca? can i then get the account off my credit file?

 

If Lowell's do not produce a valid CCA agreement then they cannot go to Court to obtain a CCJ etc.

However, their is nothing to stop Lowell's to continue sending letters/phone calls etc. asking for payment although you do not have to pay because of the lack of a valid CCA.

 

A lack of a valid CCA will not get this debt removed from your Credit Reference File, this is a true reflection of your credit past.

 

Stigman

[jones2788]

Default date is actually 29/4/2010 although i thought it was 2009 i must have been wrong

[dx100uk]

and lowells have not changed it from the BC entry?

 

 

dx

[jones2788]

No they havent changed it

[jones2788]

Hi all as previous i defaulted in april 2010,i know they havent got the cca but it is the only bad thing on my credit file,would the debt still go from my file after 6 Years if i come to an agreement to pay the debt off?thanks

[jones2788]

Hi all as my prevoius post says i defaulted in april 2010 with lowell,

 

 

i requested the cca which they do not have,

 

 

if i come to an agreement to pay the debt off

 

 

will it be removed from my credit file 6years

 

 

after the default or from the new date i 1st pay?

 

 

thanks

[BRIGADIER2JCS]

Hi all as previous i defaulted in april 2010,i know they havent got the cca but it is the only bad thing on my credit file,would the debt still go from my file after 6 Years if i come to an agreement to pay the debt off?thanks

The debt is defaulted and the entries will be removed after 6 years paid or not.

Lowell are unpredictable when it comes to reporting payments made to them.

With no CCA available I would be tempted to leave it alone.

 

 

Lowell will probably sell the debt on after a while and by the time another debt purchaser get round to chasing I expect it will be approaching statute barred status.

[Stigman]

i know they havent got the cca but it is the only bad thing on my credit file,

 

would the debt still go from my file after 6 Years if i come to an agreement to pay the debt off?

 

The debt is automatically deleted from your Credit Reference File after the 6 years from the date of default.

 

This is deleted regardless of if you have paid or not.

 

The default will still remain even if you do pay off the debt.

 

Why would you pay off the debt when Lowell's have not furnished you with a correct & legal CCA?

Your money will go to rich oversea's shareholders who will then re-invest some to buy more debts & harass even more people.

 

Just remember, just a payment of £1 & you will be stuck with a debt that you have acknowledged and Lowell's can then chase you for for another 6 years!

NO CCA, NO PAY!

 

Stigman

[Stigman]

Link to thread here...

http://www.consumeractiongroup.co.uk/forum/showthread.php?431693-lowells-barclaycard-debt

 

Stigman

[jones2788]

Ok thats good to know as im getting letters every other day now il definately ignore them now thanks

[BRIGADIER2JCS]

Ok thats good to know as im getting letters every other day now il definately ignore them now thanks

 

 

Ignore yes. Don't read NO, throw away NO. Keep all correspondence.

[jones2788]

Hi all just an update,waited ages and they have come back with a cca signed by me back from when i took out the card, its back from 2004 have i got any other options but to start paying?cheers

[Old Cogger]

post it up minus your personal details, to see if enforceable or not

[jones2788]

How would it not be enforcable?

[SabreSheep]

this thread *may* be of interest to you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

[slick132]

Are there penalty charges or PPI from the past on this a/c.

 

If so, you could reduce the balance by reclaiming these, including compound interest on penalty charges.

 

[jones2788]

How do i go about claiming the ppi on this account?cheers

[jones2788]

Sorry to be a pain but i have just noticed that lowells only sent me my original application for the credit card signed by myself not the cca itself?does this make a dfference?cheers

[dx100uk]

scan it up please

 

 

have you all the statements?

 

 

dx