Robbersway/hoist/now lowells - blindly paying £1PCM since 2007 OH's Egg card ***Write off no CCA***

[WormHasTurned]

Partner’s Egg card taken out probably about 2000, defaulted in 2006 (default notice received) and paying DCA £1 per month since 2007 into their bank account with a reference number, every month, without fail. Initially got letters confirming payment but these stopped coming in 2008.

 

In 2011 got two standard letters from from Barclaycard that they had taken over the Egg Card, and their terms and conditions. Then nothing further from Barclaycard.

 

Now you are probably wondering why are they still paying the £1 per month if no-one has been contacting them. They are actually too frightened to stop incase that sets off some sort of alert and starts the debt being chased again by somebody.

 

So this week there are two phone calls from the DCA, only identified themselves by first name, company initials and asking for Partner to call back. On the second time I politely asked them to write if it was important.

 

So this is how it stands now, waiting to see if a letter comes, and what it might say.

But just wondering how this might pan out.

 

My gut feeling is that they possibly have not had responsibility for collecting the debt since the letters stopped. I only recently found out people should receive a statement at least annually which hasn’t been happening. (perhaps they will write to ask the payments to stop )

 

Have never asked for a CCA, or done a SAR on this account. Again, not wanting to stir things while it is all quiet.

 

Not sure what to do.

Any helpful observations / suggestions?

Thank you

[Bazooka Boo]

CCA is a must.

STOP paying is also a must.

 

And check credit files ASAP!

[citizenB]

They were happy to accept the £1.00 a month because it kept the debt alive. Had your partner ceased payments, chances are they might have forgotten about them and the debt would be statute barred by now.

 

What is the outstanding balance now ?

 

We seem to be hearing about of Lowell claims just recently - because the Bankruptcy threshold has been increased, then for these smaller debts, they can no longer issue Statutory Demands (precursor to BR proceedings). What they are doing is issuing a small claim through the Money Online process.

 

I guess you can wait and see if they write - then take it from there. Although if this were me, I would be sending at the very least a Subject Access Request to Barclayshark - this will take up to 40 calendar days and should give you an idea of what they have should a claim be issued.

 

If a Default Notice was issued by BC then this should no longer be reported on your patner's credit report.

[WormHasTurned]

The Default notice was issued by Egg.

 

Would the SAR need to go to Egg, or Barclays?

 

Balance about £11,000

 

Thank you

[dx100uk]

is this the one that egg took you to court over and wanted a CO?

[WormHasTurned]

is this the one that egg took you to court over and wanted a CO?

 

No that was my Egg Card which I stopped paying when the court case was stayed. This one is my partners.

 

( Sorry, that makes us sound like an awful couple, but we were having great financial difficulties at that time.)

[citizenB]

You would send the Subject Access Request to the company who owned the debt prior to it being assigned to Lowells.

[WormHasTurned]

Actually the DCA isn't Lowell's, (it didn't mention the name). Egg owned it before it went to the DCA, but during the time we understood it to be with the DCA Barclaycard took over the Egg account. If I SAR Egg, would they only have details until it went to Barclays?

Thank you

[citizenB]

Actually the DCA isn't Lowell's, (it didn't mention the name). Egg owned it before it went to the DCA, but during the time we understood it to be with the DCA Barclaycard took over the Egg account. If I SAR Egg, would they only have details until it went to Barclays?

Thank you

 

Sorry, at the moment that is who we are hearing most of.. I just assumed it was them.

 

Yes, Egg would only have the details until it went to B/shark. Quite possibly there might not be a copy of the agreement as well.. if you are lucky ?

[fkofilee]

Is it BCW? Only one I can think off that have initials, aside of SRJ.

[slick132]

As said above, a CCA request to the current creditor is a must.

 

The £1 payments mean the a/c's are current and not Statute Barred but you should check your CRA files to ensure they are not showing (due to the time since they were defaulted).

 

[AndyOrch]

Topic open

[WormHasTurned]

Well it took a while - and it has been around the houses - Robinson Way - Hoist - and most recently Lowells.

And each time a CCA request has been sent with nothing received.  

Now finally Lowells has confirmed there is no paperwork and confirmed the balance of the account is £0.

Result.  

[fkofilee]

Well played

Glad its been closed off. Weight off your mind?

[dx100uk]

FWIW: robbersway were another trading name of Hoist UK. 

Hoist uk were bought out by lowells recently hence the various fleecers but all the same lot just diff names!

you won!