Please help regarding new payment demands...

[ivy555]

Hi everyone, can any of your gurus help me.

I just received a letter from L o w e l l ltd. requesting payment of old Barclaycard bill. I think it’s from 2004. I have not responded yet and judging from you advice have no intention of doing so. Should I just ignore them or should I try to contact them and request “with CCA 1974 letter”. If I do this will I be admitting the debt. I’m on child support and my husband is a student and money is very tight. I also have similar old credit cards bills and wonder what will happen if anyone comes to door can I refuse entry and file for harassment. Should we wait for more letters and just keep them on file. All help and advice will be gratefully used. Many Thanks

[rory32]

Have Llowells actually sent you a letter saying you owe £xxxx on this account?

[ivy555]

Yes, they sent me a letter that Barclays Bank has sold the account to them and that we now should contact them to make payment arrangement. This is the only letter so far. I don't know if it is better to just not acknowledge the debt or send the CCA1974 letter? Thank you for your reply.

[pmhcfc]

Yes, they sent me a letter that Barclays Bank has sold the account to them and that we now should contact them to make payment arrangement. This is the only letter so far. I don't know if it is better to just not acknowledge the debt or send the CCA1974 letter? Thank you for your reply.

 

The CCA letter is the best way to go first and foremost. Don't forget to write 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY' across the top of the said letter and dont sign it with your normal signature.

 

By the way, are there any unlawful charges on the account ?

[rory32]

As previously stated the CCA request does not acknowledge the debt. Send it recorded with a £1 crossed postal order. Do not sign the letter.

[ivy555]

Many thanks to both replies, I will do the letter and will post any results. I find this forum very informative through real experiences of people once in the same boat as me, and it has made me a lot more aware of the whole process. I feel it's better than going to the Citizen Advice Centre!

[rory32]

You'll probably find that the people on here know a lot more about The Consumer Credit Act than the CAB do

[ivy555]

Hi, I just saw a copy of "Final Demand, your account is now with the pre-litigation department" letter from Lowell from another victim on this forum. Should I just wait until I receive this kind of letter from them before I write and ask for a CCA, I have only received one letter from them at this stage, when is the best time to ask for a CCA?

[make them aktiv runners]

Do not worry "pre litigation department" is one of those wonderful scare tactics.

 

If the last acknowledgement payment was 6 years ago (5 in Scotland) then there is no legal right to collect (unless there is a CCJ). If it is within the timescale mentioned then the CCA request puts the account in dispute. If they fail to supply the CCA after 12 + 2 working days and a further calendar month then they cannot enforce the contract via the courts (another CCJ set aside reason) and they cannot add futher interest.

[detectall]

As the DCA know where you are and have already been in contact with you, I would send them a CCA request now. If they can't comply within 12 working days of receipt (most can't), the alleged debt is in dispute and they cannot continue to pursue until they comply. After a further 30 days, they would be committing a criminal offence if they tried to pursue without having first complying with your CCA request.

 

Send the one pound payment in the form of a postal order (you don't want them knowing any of your bank details). As previously mentioned don't sign the letter and send by recorded/special delivery.

[ivy555]

Thanks for all the advice i'm going to deal with Lowell and I will post the results.

[diskmandave]

If the last acknowledgement payment was 6 years ago (5 in Scotland) then there is no legal right to collect (unless there is a CCJ).

 

However..... The OFT guidelines on debt collection practices do state that it is fair practice to chase such debts until such time the debtor makes it clear that he/she will not be paying an account because it is Statute Barred.

 

You'll probably find that the people on here know a lot more about The Consumer Credit Act than the CAB do

 

Sad, but true... Most of us here could educate C.A.B. or Trading Standards on any given day of the week.

 

Hi, I just saw a copy of "Final Demand, your account is now with the pre-litigation department" letter from Lowell from another victim on this forum. Should I just wait until I receive this kind of letter from them before I write and ask for a CCA, I have only received one letter from them at this stage, when is the best time to ask for a CCA?

 

Personally, I don't advocate the burying of ones head in the sand, even though i've been guilty of it myself in years gone by. My own mantra is, as soon as they write, get rid with the new found knowledge. This approach has worked an absolute treat for me since discovering this fantastic resource! Send the CCA request now!!

 

Good luck, best wishes, Dave...

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action.

 

I hope this clarifies some things.

[babybear39]

Subscribing...

 

Good luck and best wishes,

 

BB