robbersway for barclaycard, now sold to lowells

[CG7]

Hi Gizmo111

 

Thanks for replying, have you read the copy of the letter i received from them yesterday, its 2 threads up from this one.

 

Do you think that they would do any of what the are threatening to do in the above letter.

 

thanks.

 

cg

[gizmo111]

Hi Gizmo111

 

Thanks for replying, have you read the copy of the letter i received from them yesterday, its 2 threads up from this one.

 

Do you think that they would do any of what the are threatening to do in the above letter.

 

thanks.

 

cg

 

it is quite likely that they would go to court for CCJ - but if you request the agreement under the CCA and they don't produce it they they can't go to court. If however they do produce the agrement and go to court then you will only have to pay what you can afford. If you break this agreement then thye can go on to the next steps.

 

How much are theyasking for - it is quite likely that the balance is made up of charges as well as your core debt.

 

I personally (if you can afford it) would offer a payment to get rid of them.

[ecobabe]

when you write the cca to them make sure that you write " I do not acknowledge any debt to you and will not correspond further until you can prove this by providing the agreement". If they are able to supply it then you are in the same position, if not then you don't have anything to worry about. Even if they tried to proceed the fact that you have sent a request under the CCA buys you time and prevents them from proceeding, or if they do you can legitimately claim that they have not supplied this agreement, which is a defence

[CG7]

Hi gizmo111 and ecobabe,

 

I was talking to someone at National Debtline back in november 2006 and I thought they said (obviously wrong) that after such a long time they couldn't bring a judgement against me for such an old debt.

 

What do you think.

 

 

regards,

cg7

[gizmo111]

Hi gizmo111 and ecobabe,

 

I was talking to someone at National Debtline back in november 2006 and I thought they said (obviously wrong) that after such a long time they couldn't bring a judgement against me for such an old debt.

 

What do you think.

 

 

regards,

cg7

 

The ycan take it to court any itme in the 6 years - provided they have the agreement of course;)

[tevion]

i wouldnt worry to much. its a standard letter. it says they MAY not they will. this is a relatively small debt compared to what others unfortunatly owe. dca's seem to chace smaller debts some times than large debts cus they think they got more chance of being paid. ie its easier for some one to find £300 than £3000. of course we know this isnt true, cus if you havent got it then thats that.

it pays not to panic and read letters slowly.

its the same with cards coming through your door saying some one will call you on so and so. they dont say CALL AT your address. just scare tactics. file it under BIN. you could wait for it to become statue barred thats up to you. i dont think you will get a ccj over this but if you did you would be allowed to pay what you could afford. personally i wouldnt contact them or admit the debt in any way, but thats my opinion.

[stevesj]

As I see it :

You owe the money.

You cannot pay because of your health condition / benefit status.

 

A:If you really think they will come after you - put a statement together about your income against outgoings, show that you haven't anything to offer. Send it into the main creditor with a token amount of £1 per week, but emphasise that you have a major health condition, and your health is suffering because this has come out the blue. Because of the relatively small amount, the creditor may choose to write off the debt - Ok you won't get credit with them again, but do you need it? (copy your letter to the DCA also)

 

or

 

B:Ignore all, sit back and see what happens......(probably nothing, but it won't be guaranteed)

 

and / or

 

C: Send to the DCA £1 and a request for the original agreement, this would put the debt in dispute - but be wary, this would also escalate the collection if they can find the agreement.....

 

 

If it was me I'd go for plan a - if you send £1 with the offer and your statement, no court would place a judgement against you as you were effectively making an effort to pay within your means. The DCA wouldn't waste time and money collecting something so small......

Ensure you tell the DCA, in writing that all correspondence will be in writing in future, and you will not enter into any verbal correspondence.

 

If they do phone you,do not enter into anything, put the reciever down and wave your two fingers at it (stress buster)

 

hope this helps,

 

Steve

[gizmo111]

As I see it :

You owe the money.

You cannot pay because of your health condition / benefit status.

 

A:If you really think they will come after you - put a statement together about your income against outgoings, show that you haven't anything to offer. Send it into the main creditor with a token amount of £1 per week, but emphasise that you have a major health condition, and your health is suffering because this has come out the blue. Because of the relatively small amount, the creditor may choose to write off the debt - Ok you won't get credit with them again, but do you need it? (copy your letter to the DCA also)

 

or

 

B:Ignore all, sit back and see what happens......(probably nothing, but it won't be guaranteed)

 

and / or

 

C: Send to the DCA £1 and a request for the original agreement, this would put the debt in dispute - but be wary, this would also escalate the collection if they can find the agreement.....

 

 

If it was me I'd go for plan a - if you send £1 with the offer and your statement, no court would place a judgement against you as you were effectively making an effort to pay within your means. The DCA wouldn't waste time and money collecting something so small......

Ensure you tell the DCA, in writing that all correspondence will be in writing in future, and you will not enter into any verbal correspondence.

 

If they do phone you,do not enter into anything, put the reciever down and wave your two fingers at it (stress buster)

 

hope this helps,

 

Steve

I had a judgement against me for £79

[tevion]

I had a judgement against me for £79

 

from whom was it one of the water companys they love ccjs

[CG7]

The trouble is Gizmo111

I almost resent paying Lowell's the money because they only paid peanuts for it, it was originally sold from barclaycard then on to Robinson Way and now on to Lowells, and its so OLD. (bit like me really)

[tevion]

The trouble is Gizmo111

I almost resent paying Lowell's the money because they only paid peanuts for it, it was originally sold from barclaycard then on to Robinson Way and now on to Lowells, and its so OLD. (bit like me really)

 

it wa so old couldnt you argue that it was statue barred. did they have a copy of credit agreement.

[CG7]

TEVION.....I don't know to be honest, it was around 1993-4 when the account started to be a problem, divorce etc. lost both my mum and dad within 11 months of each other, I have been on incapacity benefit since 1992 its that long ago i can't even remember details. its so long ago. !!!!

 

cg

[InKogneeToh]

The trouble is Gizmo111

I almost resent paying Lowell's the money because they only paid peanuts for it, it was originally sold from barclaycard then on to Robinson Way and now on to Lowells, and its so OLD. (bit like me really)

 

Hi

 

My hubby has also recently received threatening letters out of the blue from Lowells regarding an old B/Card debt.

 

I decided to send the CCA request but also challenged them on their supposed authority to process hubby's personal data.

 

I sent letters to both Lowell Portfolio I Ltd (who supposedly have bought the debt) and Lowell Financial Ltd who are collecting it. (not!)

 

If your situation is similar you might consider doing the same. My letter to Lowell Portfolio was signed for on 26/1 and so far haven't heard a peep!

 

Have copied my letters below. Copy and change as required if you want to try this.

 

Regards, Pam

 

 

 

Lowell Portfolio I Ltd

Enterprise House

1 Apex View

LEEDS

LS11 9BH

Your Reference No. .........

date.........

 

Dear Sir/Madam

 

Request for information under the Consumer Credit Act 1974 – Sections 77/79

 

Further to your letter of .......... 2006 in which you claim to have purchased a debt allegedly formerly owed by me to Barclaycard, I am hereby requesting a true copy of the executed credit agreement that relates to this debt under the provisions of sections 77/79 of the above Act and hereby enclose a payment of £1.00, being the fee payable for this information under the Act.

 

Please note that I do not acknowledge any debt to your company unless, or until, a true copy of the signed executed agreement is sent to me, together with proof that the alleged debt has been legally assigned to yourselves.

 

Further, I note that you have passed this debt to another company within the group i.e. Lowell Financial Ltd

for the purposes of collection and have therefore supplied this company with my personal data.

 

If this alleged debt has been legally assigned to you then the right to process any personal data relevant to the credit agreement allegedly entered into may have possibly passed to you provided that the borrower's authority was obtained in the original agreement. Until I have sight of that document I do not acknowledge any authority from me for Lowell Portfolio I Ltd to process such data. Until such authority is proven to have vested in your company I am requesting that you immediately cease and desist from all processing of my personal data.

 

Even if such authority is subsequently shown to exist in relation to your company, you have certainly NOT

requested and I have NOT given any permission for my personal data to be passed to or shared with Lowell

Financial Ltd (an entirely separate company). I shall therefore also be writing to Lowell Financial Ltd to request that they cease and desist from processing my data immediately.

 

Please note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and if this persists I will report both Lowell Portfolio 1 Ltd and Lowell Financial Ltd to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office.

 

I look forward to receiving the requested document and your response to the Data Protection Act issues at your earliest convenience.

 

Yours sincerely

 

 

 

Lowell Financial Ltd

Enterprise House

1 Apex View

LEEDS

LS11 9BH

Your Reference No. .......

 

date......

 

 

Dear Sir/Madam

 

I am in receipt of your letter dated ......... 2007 and note that you are requesting payment on an alleged debt recently purchased by Lowell Portfolio I Ltd.

 

Firstly, I would like to point out that I do not acknowledge any debt to Lowell Portfolio I Ltd and have written to them regarding this matter. I enclose a copy for your information.

 

You will note also that unless and until I receive a copy of the original executed consumer credit agreement from Lowell Portfolio I Ltd, I do not acknowledge having given them any authority to process my personal data.

 

Lowell Financial Ltd, on the other hand, is an entirely separate limited company that would not have acquired any contractual rights whatsoever under any assignment of this alleged debt to Lowell Portfolio I Ltd.

 

I have certainly NOT given and DO NOT intend to give my consent for your company to process or share my personal data, which includes the sharing of such data with Hamptons Legal (a 'trading style' of Lowell Financial Ltd) from whom I received a threatening letter regarding this alleged debt on ......... 2007.

 

Please note that any sharing or processing of data without the authority of the data subject contravenes the Data Protection Act and I hereby request therefore that both you and Hamptons Legal immediately cease and desist from such processing (in any form and for any purpose) of my personal data.

 

I expect written confirmation that the necessary action has been taken to comply with this request within 7 days of receipt of this letter, failing which I shall report your company to the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading and The Information Commissioners Office.

 

Yours sincerely

[djweeble]

Send Lowell a letter telling them that you do not acknowledge any debt to them and that the original account is in dispute, then SAR Barclaycard to find out what if any charges were applied to the account. I'd be willing to bet my Granny that there's more than £300 worth.

 

Once you have this information, shift up a gear into full speed ahead recovery mode.

 

While all this is going on Lowell can't do Jack Schit and they'll probably end up with nothing to claim anyway

[gizmo111]

it wa so old couldnt you argue that it was statue barred. did they have a copy of credit agreement.

 

OP says it is not stat barred until Nov 07

[CG7]

To DJWeeble...............trouble is it costs £10 pounds doesn't it to send an SAR. was thinking of just doing the cca instead.

 

PAM...........did Barclaycard sell your debt to Robinson Way and then on to lowells. ??

 

cg

[ecobabe]

CG7,

stick with sending them a CCA request and make sure you put that you do not acknowledge any debt to them (if it was for 2 accounts then you need to send 2 CCA requests with 2x £1 postal orders or cheques) you can send them in the same envelope.

 

 

By doing this you are not reactivating a debt and if it is still not resolved by end of year then it's statute barred anyway.

 

 

I had an old account with barclaycard which I hadn't heard about since ~2001 or 2002. Lowell started pursuing me and i ignored them for about a year,

then when i came here I sent CCA to Lowell and lo and behold they didn't come up with the agreement,

 

 

I also CCA'd barclaycard cos they need to give you a statement of account as well, so it's cheaper than DPSAR.

 

 

barclaycard sent an old grainy copy of an application form which I had signed in '95, so i replied saying that an application form was not a properly formatted agreement as per the CCA .

 

 

Neither could come up with docs and they wrote and said the file was closed.

 

 

You really don't need to worry, send the CCA's and sit back and wait for the 12 working days to elapse.

 

 

Post on here when the time has elapsed, read up on all the posts and inform yourself in the meantime.

 

 

I would suggest you read "Consumer Credit act agreements" on the general thread in the bank forum and also " Loan Company cannot supply the agreement" in the other institutions thread- they are remarkable and will blow you away!

[kilmeedyman]

If your income and expenditure statement show you really can't afford to pay them (after allowing for reasonable living expenses - ie, rent, heat, light, food etc.) I would be offering them £1 per month, not per week and do it by standing order that is the cheapest way for you and it means you don't forget to pay them.

 

If anything ever happens later, your regular payments will count in your favour when asking a judge to grant affordable payments.

[CG7]

Kilmeedyman......... I can't afford to pay them anything really, I only have a small incapacity benefit to live on, but its not just about the money, as I have said before its the principal, these people go and buy debts for almost nothing !!! so WHY should I have to pay them the full amount. it just seems unfair thats all, If it was barclaycard themselves then I would have probably contacted them by now and offered some sort of payment, but these lowlife's DCA's are a different matter.

 

 

cg

[CG7]

Hi all,

who do i send the cca request to, Lowell Portfolio who say they have assigned the debt or Lowell Financial who are trying to collect the money, on behalf of Lowell Portfolio.

 

Thanks,

 

cg

[InKogneeToh]

You need to send the CCA request to the creditor, which in this case is Lowell Portfolio I Ltd as it is they who have bought the debt.

 

Regards, Pam

[djweeble]

InKogneeToh is correct. CCA Lowells to shut them up, at least temporarily.

 

HOWEVER, an SAR to Barclaycard will show if there's any unlawful charges applied to the original account.

 

If there are, and I'd bet my life on it, there is a claim to be made, and YOU could end up making money here, not Lowells

[Guest beedydad]

Hiya

 

noted what is said about sending a DPA SAR but surely it was stated by CG7 that this account goes back to 1995 well before the 6 year limit! Aren't we lead to believe that 6 years is the period that action can be taken?

 

Or are you suggesting that get the SAR regardless of the time period.

 

would B'card or indeed any other CCard company, bank or Loan company not be willing to provide such data - if they hold it for so long back?

 

Or have I mis read?

 

Cheers guys - interested as possible help for me as well!!!

 

Beedydad

[djweeble]

If they have the data, they MUST provide it to you, that is the law, if they don't, you can estimate the figure and it's then up to them to disproove it.

 

As far as the six year rule goes, a lot more people are now claiming further back on the grounds that the bank knew that what they were doing was unlawful and concealed the fact from you, so the six year rule is irrelevent.

 

I myself am claiming back nearly 9 years worth of charges on 2 bank accounts, and 3 years worth on a credit card that was closed 7 years ago.

[CG7]

According to someone I was having a conversation with, they have said that Robinson Way are not licensed to process data, so they shouldn't be buying or selling debts, Is this true, because if it is then they shouldn't have sold my debt on to another DCA should they. does anyone know anything about this please...........