Red debt collection - barclaycard, fighting me!

[Piercy75]

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

[DonkeyB]

Refer you to my post #123 above. Barclaycard cock up, no more than that. Lowell obviously think they still have a chance.

 

Lowell can indeed continue to record the default – but only for 6 years after the original was placed, and then only if that default was placed fairly and contemporaneously. That default date bears no relation to its SB status, remember.

[Piercy75]

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?

[coledog]

The account is in dispute until Lowells locate a credit agreement. They cannot progress further action against you but your credit file is a different matter. Others have tried to get Accounts in Dispute removed and failed. Await the result of the SAR and check default information.

 

I think you are correct, Lowells have contacted BC for your credit agreement and BC have got very confused - they have done this before with other people who have received letters as if BC still own ithe account (Dogtrainer is one that springs to mind). Your parents address is probably the one they have on file. In your SAR did you inform them of your new address?

[coledog]

I have been Donkey kicked again!

[coledog]

Hopefully no more letters will come, if they do ignore them or buy a hamster

[Piercy75]

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??

[coledog]

Not according to their letter no, if there is nothing on your file - have you checked all the CRAs?

[Piercy75]

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!

[coledog]

Actually, if they do continue to chase you a complaint to the OFT will not go amiss

[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

[FORMISTER]

The last statement should be when they signed off the account and then sold it to a DCA. You will probably receive another delivery from them with a computer log printout, they usually send separetly.

 

Well it looks like you are in the clear, unless you paid a DCA a one off payment.

 

Congrats

 

You can donate by clicking the link at the top of the forum

[unclebulgaria67]

So was 24 February 2005 the last payment made by you for this account. If so, is this not statute barred (just) ???

[Piercy75]

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

[DonkeyB]

Balance at 24 Feb 2005 = £661.75

 

This new document states that the previous balance on or about 24 Jan 2005 was also £661.75

 

Therefore at 24 Feb 2005, at least a month had passed without any payment or acknowledgement. That is what you can infer from those statements.

 

As today’s date is 27 February 2011 – three days over six years – you are in the clear, I would say.

 

The fact that you know you made your last payment way before this is now irrelevant as you have the documentary proof you need. If they contact the OC, they will learn the same.

 

Send the SB letter, and make it clear that if they believe it is not SB, they must provide a valid reason and proof. Point out that the date of default is irrelevant, and that only the date of the first missed payment is relevant.

 

If they dare to reply other than to say end of case, then we’ll hit them with a claim for harassment and complaints to all and sundry. (But you’ll do that anyway)

[Piercy75]

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

[DonkeyB]

I would word the letter as I have suggested – invite proof. It’s up to them to prove it is not SB now. If they make enquiries – which they should have before and did not – then they will find out.

 

Then it’s your guns blazing. I’d like to think the OFT will rip their gonads off, but I doubt it.

[Piercy75]

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.

[Piercy75]

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!!

[FORMISTER]

Well done mate.

[Piercy75]

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.

[DonkeyB]

How can they ‘pass’ it back to Barclaycard? They bought it from Barclaycard! It is a lemon!

 

So are they selling a statute-barred debt back to Barclaycard? Or just giving it back? Hope they send you a new notice of assignment!

 

Send all the correspondence to the OFT – Lowell have again failed to acknowledge your assertion that the account is SB. Which breaks all the rules, because they have only stated that THEY will not be taking any more action. Even though it’s SB, they could sell it on.

 

If you want some fun, this ain’t over yet!

[247orbital]

Write back to them and inform them that they need to remove all traces of this from your credit files and will confirm in writing that they will never grace your door again. This includes searches etc.

[coledog]

Nice one - hope the new BC rep is looking in

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.