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nomadsammy

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nomadsammy last won the day on February 22 2013

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  1. Hi again guys, just after a bit more advice please Lowell received my CCA request on 15th Feb and sent me a letter in response saying they were requesting the documents from Barclaycard. I haven't received anything further from them. As it's now over 2 months, is there a letter that I should send them regarding their failure to provide CCA? I also have a letter from BW Legal which states 'our client has received your request for documents and that until the documents are obtained from the Original Creditor and forwarded to you, your account will be placed on hold and no action will be taken in respect of the Statutory Demand' I'm paying BW Legal a small monthly amount (which I'm happy to continue for the time being) but I'm assuming that if I did stop the payments, there's not much they can do until these documents are provided to me - am i correct? Thanks for your help. Sam
  2. HI Garage Man, Just going through the same thing myself - have a look at my thread if you haven't already. I can't post a link as my post count isn't high enough yet!!! Do you have any disputes ie. is there any PPI on the account? When did you last make a payment on this account? It could be worth finding out if this statute barred if more than 6 years ago. First thing to do is send a CCA request to Lowell and a SAR to Capitol One. You wont get these back in time to use the info to apply for set aside but it's still worth having all the info for the account. I've been speaking to National Debt Helpline and it does seem that Lowell are taking these through to bankruptcy stage so I think you do need to act on it. I sent an email to the person named on the SD from BW Legal offering a small monthly repayment (without admission of liability) which they have accepted (without any negotiation) and have said that it wont be taken any further. The payment is to be made to BW Legal. The amount I owe is much higher than yours so try not to worry. If you do come to an agreement with them, make sure you get everything in writing. I'm sure somebody more knowledgeable will be along to advise you on the set aside process but in the meantime, if you have any questions that I can help with, just ask! Good Luck
  3. Hi everyone, just an update on this. I'm afraid to say that I've sort of given in to them. Bit annoyed at myself but to be honest I have too much to risk at the moment, just in the process of letting my house out and have had my hours reduced at work so really didn't want to end up with a bankruptcy petition! (Why does it all happen at once). I sent the CCA and SAR requests off last week and I've been taking to National Debt Helpline who basically said they don't believe I have sufficient grounds to set aside. Their response when I said it was Lowell was 'why doesn't that surprise me, we've been getting a lot of calls about them lately. Its a bit naughty of them'. They also confirmed that Lowell have being seeing most of them through to bankruptcy stage. I decided to make a small monthly repayment offer (without admission of liability) by e-mail. They replied to this saying they needed to speak to me for verification before they could respond so I prepared myself and phoned them. They were actually ok on the phone, only asked my name, address and DOB. (I was expecting what's your bank account details, where do you work, who was your first boyfriend...does he owe you any money lol). They said that they have accepted my offer and that they have sent a letter to me confirming this. They also said they had noted my CCA and SAR requests said that they won't be taking any further action until these are sent to me and as long as I continue with the monthly repayments. Will I still be able to report them to the OFT? The sooner they are stopped the better, I don't want to see people in the position I am Also, as I am not applying to set aside, what happens if they cant provide CCA etc...is it just tough luck? Thanks for your help Sam
  4. Hi nirandudu1 Read this with interest as I am in an almost identical situation at the moment with Lowell / BW Legal. I too am considering making an offer of £50 per month. I hope you dont mind me asking but when you made them the offer, did you explain your financial situation to them in any way or did you just make the offer? Good result for you and I'm sure, a weight off your mind! Thanks Sam
  5. Thanks very much guys, I really appreciate your quick response
  6. can anyone help me with finding the correct addresses to send the SAR requests to Barclaycard and Vanquis? I've found these but not sure if it's right, google gives various addresses! Vanquis Card, Customer Service, PO Box 399, Chatham, ME4 4WQ. Barclays Bank PLC, 1 Churchill Place, London, E14 SHP And should I address both to the 'Data Compliance Manager'? Thanks Sam
  7. Thank you unclebulgaria67. You're right, I'm panicking about this, need to take a step back and calm down!!! I will post off the CCA and SAR requests and see what happens first. Thank you so much
  8. Another question, would it be worthwhile sending an initial offer of payment of £50 per month (without accepting liability while this is all going on)? I haven't got much income at the moment! Thanks Sam
  9. Ok thanks, I'll send 2 separate CCA request to Lowell then - one for the barclaycard and one for vanquis. What reasons would I be able to use to apply for the set aside? I'm assuming that it wont go in my favour as I've not done anything until I got the SD (stupidly I know). Can I use the letter from Lucas Credit re: Vanquis as a disputed amount? Can I dispute the amount owing on barclaycard due to charges added (dont think there is any PPI). Can i use the incorrect barclaycard account no or would a judge just think I was trying it on? It'll take a while to get the SAR and I only have so much time to apply for set aside. Thanks for your help - very stressed at the moment! Sam
  10. Hi everyone, I had a statutory demand posted through my letterbox yesterday by Lowell/BW Legal relating to 2 credit card debts - Barclaycard and Vanquis (totalling just under £5000) and just need some advice on what my best course of action should be? I'm going to send CCA request to Lowell by recorded delivery - does the £1 fee cover both accounts? Unfortunately I'm another 'head in the sand, ignore it and it'll go away' person! - until now. I realise that I can no longer ignore these debts and I really don't want a bankruptcy petition on my head. I've been searching through my paperwork this morning and the points I have noted are that the barclaycard card number on the demand seems to differ (albeit very slightly) from my original card number - missing a digit from the middle and a couple of digits from the end. Also, from reading the forums it seems possible that barclaycard may not be able to provide a true CCA as the account was opened pre 2007. If that is the case, will this be enough to stop them being able to petiton for bankruptcy? Also I have a letter from Lucas Credit Services dated 9th Jan 2013 re: outstanding debt to Vanquis. It says 'we are disappointed that you have not made payment or contacted us to discuss repayment of you debt of £0 owed to Lowell Portfolio Ltd for your Vanquis account' On the right hand side of the letter it lists the Creditor as Lowell Portfolio and the Amount Due as £0. When I received this letter, I thought great they must have written it off as it states £0. I don't believe there is any PPI on either account but not 100% sure on that. There will be charges on the accounts but not sure what counts as excessive? I think my barclaycard credit limit was £2500 but the end figure is over £4000. I haven't got any of the old paperwork to check that out. What should I do next? Thanks in advance for any advice! Sam
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