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Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***


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It would appear they don't even know what type of account this was. A credit card and a Storecard are completely different.

 

Perhaps a SAR would be a good idea, to help clarify exactly what has been going on. But you can still CCA them.

 

 

its the cra system.

mine on equifax say store/credit, when i know before it said MBNA credit card

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

well its been a couple months i sent off the cca request i was late in doing so due to my wife having our daughter but today i recieved another letter from lowell ..

 

stating the following.. WE ARE Waiting for your credit agreement.. i am afriad we have not recieved a copy of your credit agreement from barclaycard yet. they are still trying to retrive it from their archives.we have placed your account on hold until we recieve further information.

 

we will be in touch when we have recieved it from them .

 

we wont write to you again until we have the agreement

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Congratulations on the birth of your daughter!:cheer2:

 

Standard template letter from lowlifes. Wait for their next installment.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm starting to see a far more aggresive approach

from Lowell, they have hardly bothered with recons

in the past now they are cropping up more and more,

also Lowell are issuing an increasing number of SD and

following through on them, and they don't seem to be

off loading so many lemons.

 

My guess is the ''Guidance note'' on the sale of SB debt without

notifying the purchaser of the status of the debt is I think making

a slow but sure inroad on the lemon debts and will result in increased

''late'' litigation''.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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out of curiousty what are my options here

 

when i first sent the request in i had a letter saying they would contact b-card

and once i had recieved my agreement they expected full payment at once

 

then a week or so later i get the one i posted saying they havent been able to retrieve it yet .

.if they sell it on do i repeat this all over again and again

even if they find the agreement wont do em much good

i have 0 income i am not claiming benefits and i am not working ..

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next time i would ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

well today i had a letter from lowell it stated the following

 

your credit agreement

 

we refer to your recent request for a copy of the original credit agreement for this accout.

after liasing with barclaycard in an effort to obtain this document we have bee informed that it is no longer available due to the length of the time since the account was opened with you.

 

WE ARE CLOSING YOUR ACCOUNT

at this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is recieved at some point in the furture from barclaycard

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Keep the letter somewhere safe. Lets hope they keep their word and stay away.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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Yes keep copies of that also. Wait for them to produce a recon at a later date.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 7 months later...

hi all had a letter today as you can tell its been a while well over 6 months since i last heard from lowell but i had a letter from barclaycard today stating the following..

 

i refer to your request for information

the in formation we must provide to you under the terms of section 78 of the consumer credit regulations 1983.etc etc

 

i enclose a reconstituted copy of the terms of your credit agreement as varied in accordance with section 82(1) of the act.

this is a statement of the terms made since you enterted into the this agreement.however the interest rates,fees and charges set out in the agreement, may differ from thoses we have discussed with you, due to the current status of your account.

 

the current credit limit today is £0

the current balance is £3.679.62

 

due to the current status of your account the full outstanding balance is now due

 

we are currently unable to provide a copy of the credit agreement you entered into .we accept that we are therfore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enforce the agreement,our rights continue to exist under the agreement. you should therefore continue to pay the debt that has accured on your account.we can and will continue to take any action short of enforcement .which includes reporting to credit reference agencies without also telling them that the agreement is unforceable, demanding payment from you,issuing a default notice to you and instructing a thrid party to demand payment or otherwise seek to procure payment.

we refer you to the case of philip McGuffick v the royal bank of scotland{2009} EWHC 2386 in which it was held that none of theses steps constituted enforcement for this purpose

 

please note that the decision in carey v hsbc[2009] ewhc 3417Qb makes it clear that a unfair relationship cannot be said to have arisen between us as a result of the fact that we can not currently complied with section 78 of the act to the extent that you seek to allege that a unfair relationship has a arisen, such allegations will be opposed.

 

this completes our obligations under the section 78 of the act

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dont panic if you also get hamilton legal bugging you too - lowell and red and hamilton are all same cretins - probs off the same printer too :)

 

 

see sig for all CRAs - worth checking all

If i help feel free to click star on my post. cheers

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all the legal stuff confused me if the debt is unforcable does that mean there just blowing hot air..if so if i start getting them bloody annoying consatnt calls what do i do about them isnt it considered harrasment? also i am guessing they will continue to tell experian etc that i owe the debt even though they cant prove i do and know it is that even legal? can i get it removed by telling any credit agencys the debt is unforcable ?

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yes IGNORE THEM

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no you cant get it removed

 

they can still report

 

#but there is stuff all they can do to you otherwise.

 

did you send an sar to BC?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i never sent any request of any kind to barclay card i sent for proof of a credit agreement to lowell as per this thread a while back and that is all i requested seeing lowell said they would not bother me again as they couldnt obtain a copy of the original credit agreement with my signiture..i am just wondering what they can actually do if anything and should i be concerned over any of it

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The debt cannot be enforced in court BUT it is still live and collectable using all normal collection activities, should any agreement appear recon or original then action may start.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 5 months later...

hi guys i received today a reconstituted credit agreement unsigned from barclays

 

I had 3 cards with Barclaycard

 

i challenged all 3 via letters for CCA

 

none was able to send a signed copy

 

but this is the first time they sent a reconstituted agreement

and say the debt is now due

 

what are the options here

 

i was under the impression they had to provide a signed copy with my signature

to prove i was the true owner of the debt

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scan it up

lets take a look

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

are all three on your CRA file?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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hi

 

you need to pdf them as per the guide

 

if you cant read them via a click on your links

 

we sadly cant either

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They need to send you a copy of your original agreement as well as the one after variation in order to comply with the request, have they done this ?

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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what they sent me is what i posted i have no idea what the original agreement was like i would assume the first two pages of the agreement are the original and the other 4 are when it changed ..honest ly have no idea how it works just know none of what they sent me has my signature on them

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