HELP!!! Hi all, Nationwide accepted in principle my girlfriends loan application for £8,500. She signed the agreement and posted them back wage slips etc as was requested. However, they have now declined the loan because they say she doesn't have enough disposable income. The repayment was £407.99 a month over 24 months. She earns £1,285 a month but after rent, council tax etc they've said no - based on disposable income. Now, they've said she can appeal if she comes up with some more supporting information. We have thought about about a joint application but I have 3x defaults on my credit file with Experian. I earn a good wage and we can easily make the payments. Would they accept our application?? I've had 7 searches in the past 3 months aswell. But would my earnings cover it? Or should I just make up my address details etc in the hope the don't come up with anything negative??? Any help ASAP is VERY appreciated!!!! ... PS: The Nationwide are ringing us tonight to discuss!!

Cheers mate! Took some doing but got em in the end! The SAR to Barclaycard nailed them, Lowells are outright liars man! The fact they said I defaulted on X-Y-Z Date was a complete crock! I'm ready now if anymore bullsh** comes, but thanks again mate.

FINALLY A RESULT!!! Hey all!! Well today is the 14th March 2011 and Lowells have clearly admitted defeat!! Anyway letter received as follows......... 7th March 2011 Dear Mr XXXXXX We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you. At this time our files have now been closed and the account passed back to Barclaycard and no further action will be taken by us with regards to this matter. We trust that you will find this satisfactory and apologise for any inconvenience caused. Yours sincerely Samantha Barnard Customer Services So I take it I won!! WHOOHOOOO!!

Yeah, will take your advice and hit them with the STAT BARRED again tomorrow with your notes added to it aswell. Bet they don't reply though! If they come at me at again then yeah Im gonna go to my MP directly I think mate.

Morning DonkeyB, Thank you for all your help and advice. I originally sent them the stat barred letter right at the beginning and thats when they came back at me all guns blazing. Like you said though I now have the proof ((SAR from Barclaycard)), do I need to put photocopies of the SAR in? Or is that opening a can of worms? Should I point out I have the SAR anyway and see what bull**** they come up with? Thanks

Hi Unclebulgaria67. No, I last made a payment to Barclaycard back in June/July 2004, I have the bank statement from HSBC to prove it. However I SAR'd Barclaycard due to LOWELL'S claims. Irrespective of all that, they've only gone back 6 years to TODAYS date ((WHICH IF IM RIGHT)) they're only obliged to hold records for that length of time. I'm noticing a pattern with this, ie. No CCA etc.... Piercy75

The SAR has arrived!!!!!!!!!!!!!! Evening all. Well today is the 25th Feb 2011 and the SAR has finally arrived. It's a bit sketchy but I'm 99.9% sure I am in the clear. Anyway the covering letter reads as follows: 24 FEBRUARY 2011 Dear Mr XXXXXX BARCLAYCARD SERVICES ACCOUNT NUMBER: XXXX XXXX XXXX XXXX Subject: Access Request under the Data Protection Act 1998 Your Ref: You recently asked for a copy of the personal information we hold on you. Please find enclosed with this letter. Unfortunately, we can't provide you with copies of any individual default charges that have been made on your account. However, you'll find these charges detailed on the enclosed statements. Kind regards, Michelle Tunney, Barclaycard Customer Services. --------------------------------------------------------------------------------------------------------------------------------------------------------------------- OK >>>> So, all they've sent me is pages reading **COPY STATEMENT** dating from "24 February 2005" all the way to "24 October 2006", which if you read at the beginning of my thread coincides with the SUPPOSED default they sent me ((ACCORDING TO LOWELL))!?!?!?!?!?! ... The amount owing from 24th February 2005 is £661.75, with a part that reads: Closing balance of last statement is £661.75. This shows on EVERY MONTH all the way up to the 24th October 2006, no payments were made at any time, and no acknowledgements or anything!?!?!?!?!. I'm no expert ((Thats where you people come in ;-)) but I'm educated enough to think that this must be the date when LOWELL purchased the debt from Barclaycard?? I have nothing on my credit files to back up the claims that Lowell made about Barcalaycard serving me a default in October 2006. Barclaycard have gone back 6 years from 24th Feb 2011 and provided me with all the info they say they hold. So, am I correct in thinking this blasted thing is officially STAT BARRED?? Any help is ALWAYS greatfully appreciated. On another note I'd like to know how I can make a donation to you? Thanks for all your help CAG team, Piercy75 .... PS: I await a reply x

I've checked 'all' of them as I'm a member of them all. Experian, Equifax and CallCredit. Not a thing about Barclaycard, only an unrecorded enquiry by Lowell made on 05/10/10 which is when the letters started coming. I agree with you though about what their letter says about them doing nothing until CCA arrives, if they find it I'm the next President of the USA... Ain't no chance of that happening!! Mind you though, these DCA's are ruthless!

LOL! Thanks Coledog. I only mentioned my parents address in the SAR as that was the original address and I sent it Special Delivery-1pm a few backs back, I also used their address for the return in case of address discrepancy. I didn't mention my current address though... mainly out of fear it'll cause a burst can of worms! Both Barclaycard and Lowells have mentioned adding stuff to my credit file/s but I've checked all of em and there aint no mention of the account/defaults or anything!!! It's that old!! Can they start adding things again out of nowhere, even if the account was that old it fell off my files??

Thanks DonkeyB. It's refreshing to know your insight into this. The pressure is really doing my head in now but I'm determined to keep plodding on. Just wish this damned SAR would turn up!! Any advice on what to do if the generic Lowell/Red letters start coming through again in the meantime?

Evening CAG Team! Well I've just got home this evening to MY address and received the following letter from Lowells: 10 February 2011 Dear Mr XXXXXX We thank you for your recent letter. We have noted your comments and can advise you that, under the terms set out by The Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided. You will, however continue to get updates from us with regards to your request. Regarding your dispute concerning to Section 10 of the Data Protection Act we can advise that at this time based on the information we hold and the procedures carried out on the account we have no reason to believe that your data is incorrectly recorded. When the account entered into default with Barclaycard they would have recorded a default entry onto your credit file. When the account was purchased by us, the existing default will then be amended in to the name of Lowell Portfolio 1 Ltd. Please be advised we are unable to remove details of details of defaults as we are required to reflect true and accurate information on how your account has been conducted. Should it come to light that this is no longer the case we will be happy to ensure that any adverse data is removed from your credit file. Please be advised that no interest or charges are added to the account by us and the account will not be passed to another debt collection agency. We hope that above meets with your approval but if you have any queries please do not hesitate to contact us on 0113 3086085 Yours sincerely Samantha Barnard Customer Services Ok, so what do I make of all this now then?? The letter from Barclaycard further up the thread which was sent to the address where the debt was first accrued ((my parents address)) has miraculously turned up out of nowhere which I would bet any amount of money stems from my CCA request to Lowell!!! No doubt they ran straight to Barclaycard asking for it and the idiots there thought they would come out all guns blazing, yet they send it to the original address!?!?!?!? Any advise on what is going on between Lowells and Barclaycard??? I'm still awaiting the SAR from Barclaycard aswell. Anyway, does anyone know where I stand as I've done the account in dispute letter and not heard a response since that either. I'm worried that Lowells are just gonna keep on with the letters and start registering SH*T at my current address?? Any ideas CAG Team?? Cheers, Piercy75

UPDATE!!! >> Barclaycard have now wrote to me at the original address of the debt ((my parents address)) ... I think I have won but need further advise. The letter from Barcalaycard reads as follows.... 9th February 2011 Dear Mr XXXXXX BARCLAYCARD SERVICES ACCOUNT NUMBER: XXXX XXXX XXXX XXXX Reference: Section 78 of the Consumer Credit Act 1974 We are currently unable to provide all the documentation and information required by section 78 of the Consumer Credit Act 1974 (the "Act") . We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. . The current credit limit on your account is £00.00 . The current balance on your account today is £661.75 Due to the current status of your account, the full outstanding balance is now due. However, if you are experiencing difficulty, please contact us to discuss a mutually acceptable repayment arrangement. 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 accrued 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 currently unenforceable, demanding payment from you, issuing a default notice to you, and instructing a third party to demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick Vs The Royal Bank Of Scotland [2009] EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose. Please note that the decision in Carey Vs HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfait relationship has arisen, such allegations will be opposed. Yours sincerely Phil Clark Barclaycard Customer Services. OK >>>> So I received the above letter at my parents house ((which is where this debt originally was)) on Friday 11th February 2011. I have had no answer to my SAR request from Barclaycard and only had a generic letter from Lowells ((which I mentioned earlier in my thread)) saying they were digging out the CCA. Now forgive me if I'm wrong, but if the original creditor ((Barclaycard)) have wrote to me saying they don't have it, then Lowells definitly won't have it either. Yet they both say they're going to keep writing to me. This debt hasn't had a payment made in 7 years, my parents address fell off my credit report around 2 years ago due to the amount of time I last held any form of credit there, plus there are no defaults/CCJs or anything adverse from Barclaycard showing on any of my credit files, purely because well over 6 years has gone by since I made any sort of payment or even lived at my parents. I wrote to Lowells with the account in dispute letter as mentioned previously as they failed to provide the CCA within the 12+2 timeframe. Can anyone advise what I should do now?? Both Barclaycard & Lowells are making out they will keep writing to me, plus they say they can keep adding things onto my credit files. This is getting silly now because I know this debt is so old that 1). It doesn't appear any longer on any of my files, 2). I have proof of my last ever payment to Barclaycard back in 2004, 3). They can't even produce a CCA. Can anyone advise a way of getting them to just stop bothering me??? Appreciate your assistance CAG Team!!! Piercy75

UPDATE!!!!!!! Today I've received a letter from Lowell which reads as follows: 7th February 2011 Dear MR XXXXXXXX WE ARE WAITING FOR YOUR CREDIT AGREEMENT I am afraid we have not received a copy of your credit agreement from Barclaycard yet. They are still trying to retrieve it from their archives. We have placed your account on hold until we receive further information. WE WILL BE IN TOUCH When we have received it from them we will post it to you straightaway. WE'RE HERE TO HELP HELP We won't write to you again until we have the agreement, but if you have anymore questions in the meantime, please do phone us on 0113 308 6021 Yours Sincerely, Andrew Bartle Chief Operations Officer Ok CAG Team, what are your thoughts????? ........ Piercy75

Yeah but if they haven't honoured the 12+2 day period then surely they have forfitted their so called attempt at trying to make me cough up???? If they come up with the CCA in the next few days then surely it doesn't stand!?!?!?

On a further note I still aint received the SAR from Barclaycard yet? .. Im not worried though as I still have my VERY OLD bank statement from 2004 showing my last ever payment... Reckon they can't get the CCA then? Thanks again team!