Hi, thanks for your reply. The leasehold is owned by the original developer, which is psimon homes, although they employ a management agency to look after things. The management agency say they are happy to enforce the covenants in order to discourage unneighbourly behaviour. That is a very good argument regarding emergency services access, thanks for that.

Hi, thanks for your reply. The leasehold is owned by the original developer, which is psimon homes, although they employ a management agency to look after things. The management agency say they are happy to enforce the covenants in order to discourage unneighbourly behaviour. That is a very good argument regarding emergency services access, thanks for that.

Hi All, Can anyone clarify our position regarding an access road? We live on a small estate of approx 20 houses. We live at the end of one of the little roads that service this estate but our next door neighbour and next door but one have a shared access road. We have a driveway with parking for 3 cars. Our neighbour bought a caravan in early summer and parked it on the access road out side next door but one, which was vacant at the time. Since then next door but one has been bought and the new occupants have placed three large plant pots down the middle of the access road to stop people parking. Unfortunately the difficulty manouvering caused by the caravan and plant pots led to our next door neighbour backing his car into one of our cars causing considerable damage. We have since had the car repaired on their insurance but the obstructions remain. We have checked through the deeds of our house and caravans are not allowed on the estate, neither are plant pots blocking the access roads or any activity that is deemed unneighbourly. Our next door neighbour has now agreed to remove his caravan and the leasehold company that collects the ground rent have told the people next door but one to remove the plantpots but they are refusing stating the access road is theirs and they can put what they want on it. As the leasehold company have agreed with us fully that the pots must be removed do they have the power to enforce this at all? Any help would be greatly appreciated. Thanks Chris

Hi Harrassed Senior, Thanks for your reply, I SAR'd Barclaycard back in 2007 and they could only provide statements which ended showing the closing balance when it was passed to Mercers. Mercers are denying recieving the money also. I heard nothing from Barclaycard or Mercers for 18 months after paying the balance off, then Lowell came out of the woodwork with a balance of more than I had as a closing balance. Thay have admitted that there is no notice of assignment or signed consumer credit agreement, but are dogedly determined to keep the default they entered on my account, probably as some kind of leverage to try and make me pay again. I was led to believe that if the debt collection agency cannot provide written proofs that the debt is unenforcable and that entering a default on someone's credit report under these circumstances is unlawful. Can anyone clarify on this at all? Cheers

Hi All, Please can anyone advise on this situation. Lowell Portfolio I have been harassing me for 3 years over a Barclaycard bill that I paid off in 2006; Barclaycard / Mercers sold the debt on just as I paid it, but I can't find the proof that I paid it, so have been in a standoff situation. In Nov 2007 following CAG advice I requested the signed consumer credit agreement from Lowell and Barclaycard and they failed to provide both the CCA and notice of assignment. Lowell said they would leave me alone, which at the time was all I required. A couple of months later Lowell started again from square one, using their aliases of Lowell, Red Collection and Hamptons Solicitors, sending a couple of letters per week. I have recently noticed also that they never removed their default from my credit record. I NEED to have the default removed now and also want them to go away once and for all, I re-requested that they find my signed CCA and notice of assignment and again Lowell and Barclaycard have had admitted they can't supply these. I have now posted letters explaining that the debt is unenforcable and that the default they have entered is unlawful. My question is what procedure do I follow to now take Lowell to Court to forcibly have them remove the default and stop harrasing me? I would also want to seek damages for all the harrassment and for tainting my credit file without justification if possible. If anyone can advise on the correct court procedure that would be great. Many Thanks Chris

Thanks Craig, I will see what they say today and perhaps complain to the FSA, both quotes we submitted say that it is storm damage, the house is quite exposed so we need to get the repairs done, we may have to pay now and claim back through the complaints department...

Hi All, Can anyone help with this situation please? We moved house on 11th December, the weather wasn't great when we moved but it worstened over the next few days; windy and cold. A couple of days later we noticed a piece of dry verge (roof tile edging) hanging off the side of the building; as this new house is a three storey town house with the nextdoor neighbour being a two storey house there is no way to get at it, so must have blown loose in the wind. After a few hefty quotes it became apparent that we'd have to claim from the building insurance. We have now been told that the claim has been turned down as Allianz have said there were no strong wind between the day we moved in and when we reported it, even though we could hear it. The damage definately wasn't there when we moved in as we spent a bit of time looking up at our new house and as the damage is very obvious we'd have seen it. Does anyone know how they record these weather matters or how we can challenge their decision as they are trying to say it was there before we moved in. What constitutes a stormy day to these people?

Hi Again Guys N' Girls, Lowell have now sent a 'we give up...FOR NOW!!!' letter, which reads: '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 we have closed our file and will not make any further contact with you concerning payment against this account unless a copy of the agreement is received at some point in the future from Barclaycard.' Surely now there should be some leverage to get the default removed from my credit record? I have tried the SAR route but Barclaycard are not showing it as received, as I paid Mercers debt collection agency in 2006, also Mercers haven't been able to locate it either. Does anyone know which complaints route I should go through to try and get these guys to behave? I have also just had a Lowell Statement letter / Red Collection letter volley through the letter box, which gives me the distinct impression that now I have followed it through and made them give up, they are going to start again right back at the beginning...crazy.... If anyone can advise on a legal route or complaints route to go down to help with getting rid of the default it would be greatly appreciated as they are driving me mad! Many Thanks Chris.

Hi People! I seemed to have knocked Lowell / Red back with the responses you guys have shown me, I have had some replys from Lowell and was hoping you could give me some advice on how to pursue this through court to get rid of them (and the default on my credit score) perminently. When I sent the CCa request I received the following: 'Following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act I can confirm our client Barclaycard has requested that your credit agreement be retrieved from archive. Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest. I then responded with the wonderful 'Failure To Provide Credit Agreement' letter that VJohn kindly posted on this thread, after the alloted 12+2 days. Lowell replied as follows: 'We have noted your comments and can advise 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 this request.' ...Stalemate once again.... At the same time as this was going on I reported my problem to CreditExpert.co.uk, as I have been trying to fix my credit score through them. They made the relevent enquiries and complaints but Lowell has come back with a refusal to remove the default that they put on my account as they insist they are correct in doing so. My deadline for Lowell to back off in the 'Failure To Provide Credit Agreement' letter is 11th September. Please can someone advise as how to proceed from here, through complaining and court action? Any help would be a godsend! Thanks Everyone. Chris.

I think I paid Mercers by cheque; basically I had quite a few to pay off when my house sold so lost a lot of the details... Lowel entered a default on my credit record dating 17/05/2006, then it took 18 months for them to bother to contact me and tell me they had done that...

Wow! Quality letter, thanks for that VJohn, I shall get the ball rolling with this. I am determined to get rid of these vultures asap. Why don't these Lowell guys just go out and find a propper job..!

Thanks guys, I shall give them a week to respond to my 'failure to respond to CCA' letter then lodge as many complaints as I can, starting with the Information Commissioners Office, the OFT and their local trading standards office... I sued Barclaycard back in November for unlawful penalties, which totalled nearly £1100, but Barclaycard said they would knock it off the balance; there was no balance to knock it off, but there has been a stalemate situation ever since... I paid Barclaycards collection service 'Mercers' back in 2006, but can't find any details and is quite likely they have been lost when I moved. Barclaycard are being extremely unhelpful and won't look into it, although they have now seemingly vanished from my credit report. The statements from my SAR to Barclaycard don't show the final payment as it was paid to mercers; Mercers are also tight lipped on this. The fact is I paid Mercers but somewhere between Mercers, Barclaycard and Lowell they seem to have lost my payment, for sometime Barclaycard were lodging on my credit report with the original balance, minus what I sued them for, then they disappeared a few months back when they must have realised they had sold the debt on. So, in addition to the original payment to Mercers going missing Barclaycard have now 'disappeared' the £1100 I had sucessfully sued them for!!!

Hi All, Please can someone help with the following nightmare? I had a Barclaycard from 1995 to 2006, when I paid it off and closed it. I heard nothing further from Barclaycard; I was on the electoral register at my new home and had made no attempts to hide. In November 2007 I received a demand from Lowell Portfolio I on Barclaycards behalf saying that they had 'tracked me down' and I still owed £1401, I can't find the actual proof of payment as it had been paid off a long time before, I therefore send the (CAG) letter acknowledging no such debt and requesting a copy of the original signed credit agreement. I had no further reply until this week when Lowell firstly sent a new demand, which was laid out like an account statement. I re-sent the letter from 2007 requesting the original signed agreement and they have responded with a letter from their 'Red' collection service saying they would send someone round etc... I am now sending the letter to stop a debt collector visiting and the letter to say that the 12+2 days for Lowell to stump up the original credit agreement have now expired. Please can someone advise on how to force Lowell to a) stop harrasing PERMANENTLY and b) remove these negative false details from my credit record? Any advice would be greatly appreciated as this is causing a great deal of upset at home and I really need to get some permanent closure to this, even if it means taking them to court. I just do not want to give in to these bullies and pay £1401 to Lowell for a non existent debt. Thanks Everyone. Chris.

Hi All, I have had the same two letters from Lowell / Red regarding a Barclaycard account that I paid off in 2006, does anyone know of any way to PERMANENTLY get them off my back; I am willing to hire a solicitor to get shut of them as it is upsetting my missus. Can anyone recommend a consumer credit solicitor at all?

Hi Jelly, Get em sorted; they'll pay up if you stick at it... This is the address I used: CAHOOT Friars House PO Box 1981 Coventry CV1 2ZD I also found this address on my credit report: FRIARS HOUSE, PO BOX 1982, COVENTRY, CV1 2BR Hope this helps, Cheers Chris