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    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
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bgqs

Lowell Financial/Capital One CCA (Application Form ?)

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They have only gone and appointed "Red Debt Collection Services" to recover the debt !!!!

 

Wait for the funny bit..........The address is the same address as Clownells !!!!

 

 

Hahaha....I will be replying to this company only once and it will be along the lines of "see you in court" !!!!

 

This letter is further evidence of their incompetence and I fully intend to show them for what they are worth.

 

Damn Fools....


Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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I am soooo sick of this, I am inviting them to put their claim of the alleged debt in front of a judge !

 

Further to your correspondence dated 6th August 2007, I would firstly like to remind you that your “client” has failed to provide the specified information required in response to my Consumer Credit Act request.

 

There has been a “mountain” of correspondence between your “client” and myself regarding this alleged debt and to date, your “client” has failed to produce the information which has been requested. This is a legal requirement and one which has now been breached by Lowell Financial Ltd.

 

Your client has provided a signature box which is one of the prescribed terms that you do not have to provide under the Act. However, you do have to provide details of APR, repayment information and also the prescribed terms and conditions upon which, the agreement is based. Therefore, you have failed to provide the required information within the prescribed timescale as this has also now expired.

 

Pursuant to S189 of the Consumer Credit Act 1974, you are required to provide this information irrespective of whether you are the original creditor or not.

 

With regard to your lack of understanding regarding the Law of Property Act 1925, I would remind you of the following information that is required in order for a debt to be legally assigned.

Under the LPA 1925, the original creditor and the new creditor are required to send a notice of assignment by the Law of Property Act 1925. These notices constitute proof that the debt has been sold. A comprehensive edict was provided for you in my last correspondence so that you could familiarise yourself with the same, although, it would appear that you have neglected to do so.

 

Therefore, you have failed to provide the notice of assignment from the original creditor and therefore, you have failed to comply with Law of Property Act 1925.

 

With regard to your correspondence dated 6th August 2007, firstly, I fail to understand why you continue to pass this alleged debt from different companies under the “Lowell Financial Ltd” umbrella. In addition, I do not appreciate the way in which you letter infers that I may be bankrupted. This is a blatant intimidatory tactic and is in clear breach of the OFT’s Debt Collection Guidelines.

 

I would now request that you cease the sending of computer generated letters. I would also request that you either pursue your claim through a court of law or confirm that you will be closing this account.

 

Any claim of this alleged debt will be vigorously defended. In addition, I have a large amount of evidence which confirms the seemingly underhand dealing of which I have been the victim.

 

For the purposes of all future communication, please take note of my change of address as shown above.

 

For the avoidance of doubt, I would remind you that I do not acknowledge any alleged liability or debt in respect of Lowell Financial, Red Debt Collection Services Ltd, Lowell Portfolio or your client, Capital One.

 

Hehehe....I am also going to send another package to TS....not my local TS but Leeds TS as they have received quite a few complaints about this firm of crooks !


Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Lowells follow a predictable pattern and its easy to spot. Red Debt is their paramiltary wing which specialises in ''insolvency'' (their words not mine). They do not appear to have grasped the fact that the debt must be over £750 before a claim for bankruptcy can be made. The threatomatic computer just churns out these sh!t letters daily. In essence they are no differerent to the first 'scary'letter that Clownells send you out. You didnt respond to it so you are hardly going to respond to more threats. Our Soles


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i am still alive, just moved house and had no net connection. and lowells have gone quiet, only two letters in two months. have filled out and oft disclosure though so they have come to a conclusion, but i dont know what it is. how you doing?

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The alleged debt exceeds £750 so in theory, they could file for my bankruptcy, however, the claim would be on the small claims track and I have to admit liability before that can happen (Am I right ?)

 

If they do apply for me to become bankrupt, do I get an option to reply to their request ? Obviously, do not want to lose my house !


Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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The alleged debt exceeds £750 so in theory, they could file for my bankruptcy, however, the claim would be on the small claims track and I have to admit liability before that can happen (Am I right ?)

 

If they do apply for me to become bankrupt, do I get an option to reply to their request ? Obviously, do not want to lose my house !

They will NEVER try to make you bankrupt. Its an empty threat from emptyheads:rolleyes:

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Thanks ODC for the comforting words ! Will update this when reply received...Cheers


Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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These MUPPETS try to convince you they can just go to a court and make you bankrupt. It really isnt as simple as that. They have a few hoops to go through before they can even start proceedings. If it was so easy for them they would have done it as Clownells or Hamptons. They just use scare tactics to try and make you pay money which they are unable to prove that they are legally entitled to. They rarely can produce the proper paperwork that would be needed to satisfy any court.


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Another Red Debt letter received...wording exactly the same....when will they get it...I am asking them to take me to court...but they continue to churn out the same old s**t !


Claims:

bgqs v Barclays (Claim No.1) - Claim Issued 16/3/07 Await Defence to be Entered - Data Protection Act Non-Compliance - *WON

 

bgqs v Barclays (Claim No.2) - Prelim Letter Sent (Charges + s.68 Interest) - 16/3/07 - *WON

 

bgqs v Halifax - Prelim Letter Sent (Charges +C.I Interest) - 16/3/07 - *WON

 

*Paid Deposit on New House with my Winnings !

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Another Red Debt letter received...wording exactly the same....when will they get it...I am asking them to take me to court...but they continue to churn out the same old s**t !

They cannot take you to Court. To go to court they need evidence.

Sadly they are Muppets and have not got an executed CCA. It seems they bought a load of Crap One debts and just got copies of the application forms. Cupid Stunts


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Whats the situation on this one bgqs? Anything new?


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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I received an Application Form from Lowell. The section at the bottom is un-readable.

All it contains is lines and dots.

The Application is a copy of a copy at best and is difficult to read the large print.

They have not sent me a breakdown of the account as "because so much time has passed the information is not available"

I have never had a capital one card before but I did apply for one and got rejected. First one I got was in December 2008 and first contact was from Lowell in April 2009

I still have my capital one card and am still useing it.. Cap1 say they have no record of my having a card previously.

This debt is from a card I got in 1999 and apparently defaulted on in december 2004.

There is no way I got a credit card in 1999 when I was 15 and on an address that I didn't move into untill 2006!!

Lowell have been told all this and yet dont seem to understand cos they sent me another demand that I got yesterday.

I have written to the FSO for help, lets see what happens now.

Edited by merlyn2003
Adding more

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