Does a CCA request transfer with a sold debt

[malgoode]

I'll try to keep this brief.

BARCLAYS BANK. After years of hassle I sent a CCA in 2009. Barclays ignored it but kept my £1 fee. I sent an "in dispute and time expired " letter which was also ignored. Since then, total silence.

 

Now some two and a half years later I have suddenly received notification that the debt has been sold to Lowells who have now sent me 2 letters demanding immediate payment.

 

Does the expired CCA still apply to Lowells or do I have to go thru the whole CCA procedure again for them?

 

Thanks in advance.

[vengeancedemon]

I think that the original CCA still stands and the account is still in dispute, there is a letter to send Lowells stating that as the original creditor has failed to provide CCA its in dispute and Lowells are not permitted to pursue - I am sure someone more competant will advise properly

[Stigman]

Hi,

 

Have you only received notification from Barclay's that the Account has been sold?

 

I take it this is either for a Credit Card/Loan?

If so, then do not forget to claim back any PPI/Charges from the Original Creditor (Barclay's).

 

I'd wait until you start getting the usual letters from Lowell then send them this...

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Even though you sent a CCA request in 2009, when was the last payment?

 

Do not ring Lowell's, if Lowell's ring you, then say "in writing only" and hang up.

 

Stigman

[millitant]

if you have proof, recorded delivery,cheque,postal order stub that the request was sent to barclays then just ignore lowlife

 

under the judgement godebt v critchley, it was judged that the person demanding the money is the creditor so must comply with the cca request

 

so if you do not have proof of the cca request sent to barclays, send lowlife one by recorded delivery

[malgoode]

Hi,

 

Have you only received notification from Barclay's that the Account has been sold?

 

Even though you sent a CCA request in 2009, when was the last payment?

 

Stigman

 

Thanks for your response.

 

Notification came from both Barclays and Lowells IN THE SAME ENVELOPE and judging by the addresses they appear to be operating from the same office!

 

Bank loan and last payment many years ago - default was in January 2006 and should have now automatically dropped off my credit report.

[Stigman]

Hi,

 

If Default appeared on you credit file in January 2006, then you stopped paying in approx. Sept - Dec 2005?

 

If no payment or acknowledgement of the debt since has been made, then send Lowell's the Statute Barred letter and ignore any further filth that they decide to send you.

 

If you live in Enlgand here is the Template letter...

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If you live in Scotland, it was Statute Barred last year, here is the Template Letter...

http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

 

Amend either of the letters to suit you.

 

Stigman

[malgoode]

if you have proof, recorded delivery,cheque,postal order stub that the request was sent to barclays then just ignore lowlife

 

under the judgement godebt v critchley, it was judged that the person demanding the money is the creditor so must comply with the cca request

 

so if you do not have proof of the cca request sent to barclays, send lowlife one by recorded delivery

 

Thanks for your response.

 

Barclays cashed the £1 cheque which showed on my bank statement. Alliance and Leicester did not give stubs with their cheques but I would hope to get proof from them that it was paid to Barclays if needed.

 

This whole fiasco has been bouncing from company to company for years. Barclays themselves seem to employ either mentally deficient or clowns for their collection operations. The route has been bouncing between Barclays and a number of other companies including Bryan Carter whom I previously issued a CCA. Bryan Carter returned my cheque and directed me back to Barclays who I then sent a CCA in November 2009. Bryan Carter then dropped the case.

 

Barclays continued via 2 departments! Collections and customer relations! I will post details of my final letter to them from 2009 because it explains some of the "Jokes" that Barclays used to try to cover the (probable) fact that they have no records of this account.

[Stigman]

Barclays cashed the £1 cheque which showed on my bank statement.

 

Lowell's will try and use this to get a payment out of you, Lowell's will say that a payment has been made and the debt is not Statute Barred.

 

But get the Statute Barred letter away but only when a Lowell's letter comes through your letterbox.

 

Keep an eye on your credit file as well, the default has dropped off meaning only a search should be recorded.

 

Stigman

[malgoode]

Hi,

 

If Default appeared on you credit file in January 2006, then you stopped paying in approx. Sept - Dec 2005?

 

If no payment or acknowledgement of the debt since has been made, then send Lowell's the Statute Barred letter and ignore any further filth that they decide to send you.

 

If you live in Enlgand here is the Template letter...

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

If you live in Scotland, it was Statute Barred last year, here is the Template Letter...

http://www.consumeractiongroup.co.uk/forum/content.php?424-Statute-Barred-Letter-SCOTLAND

 

Amend either of the letters to suit you.

 

Stigman

 

I am in England. Yes, your dates are correct but letters have been going back and forth which may or may not cancel the statute bar. At one point, long before it could have been statute Barred, Barclays claimed that it WAS statute barred and explained to me that it meant that they did not have to supply proof any more but that I had to pay!!! I am about to post my last letter to them in which you will see this and other "Jokes" they tried to pull the wool over my eyes in an attempt to get my money. At one point, they sent me an undecipherable computer coded "statement" of an account that was held at a local branch. But I have never had an account at that branch! The only Barclays branch I have had an account at is in London 250 mile away.

[malgoode]

My Last letter to Barclays in December 2009 to which no reply was received. Thay have now recently sold the account to Lowells who are suddenly demanding payment.

 

Letter dated 14 December 2009:

 

I refer to my letter, dated 12th November 2009 which contained formal request pursuant to sections 77 and 78 of the Consumer Credit Act to which you failed to respond direct.

 

Whilst I note that you passed this to customer relations as a complaint, such action failed to address your legal requirement under the above mentioned act. Customer Relations response was to cite the “statute of limitations” which bears no relation to the Consumer Credit Act. To state that the matter is time barred is untrue. Additionally, the statement that I unreasonably postponed the matter cannot be taken seriously when I have been communicating with both your office and a number of others acting on your behalf for the past 4 years. The use of the Consumer Credit Act was my final attempt to get you to take notice and get this matter finally resolved. As I stated in previous letters, many of my requests have been totally ignored without reply.

 

In effect, Customer Relations response is claiming that I am not allowed to have evidence of what the alleged account is for, what payments have been credited to it, what charges have been applied to it and who, if anyone, it has been assigned to. You are expecting payments to be made without any proof of what is happening to those payments and ignoring your legal obligations. In addition, you are processing data about me without giving evidence that you have permission to process that data. The use of the “statute of limitations” in their response appears to be nothing other than attempt to hide the fact that these acts are illegal activities. Additionally, Customer Relations have tried to persuade me that contacting the Financial Ombudsman may be pointless. I put it to you that if, as Customer Relations claim, the account it “time barred” then payments to the account must also be time barred.

 

Unfortunately, Customer Relations do not appear to respect the fact that the Consumer Credit Act and the Data Protection Act have preference over any decision made by themselves or the Financial Ombudsman.

 

In my letter of the 12th November 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment, if any. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account, along with any other documents mentioned in the credit agreement.

 

I reminded you that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974 (as amended). The Consumer Credit Act allows 12 + 2 working days for this request to be carried out before your company entered into a default situation. The time limits have now expired and your company has committed an offence.

 

Therefore, this account is in DISPUTE and no further payment will be made by me to the account as you have failed to comply with a request for a true signed copy of the alleged agreement and other relevant documents mentioned in it. Also you failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974 (as amended).

 

I now require the following from you:

 

• Removal of all defaults and other information regarding this account from all credit reference agencies. Note that this is to be a complete deletion and not merely an amendment.

 

• As required under Section 10 and Section 12 of the Data Protection Act 1998, you are to cease all manual and automatic processing of my data within your company and any other company within or instructed by your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Barclays Bank or any other company within the group to comply with the removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities regarding your illegal activities under the Consumer Credit Act.

 

I look forward to your reply within 14 days to resolve the matter amicably and without further harassment by yourselves or any third party instructed by you.

 

 

Yours faithfully,

[malgoode]

Lowell's will try and use this to get a payment out of you, Lowell's will say that a payment has been made and the debt is not Statute Barred.

 

But get the Statute Barred letter away but only when a Lowell's letter comes through your letterbox.

 

Keep an eye on your credit file as well, the default has dropped off meaning only a search should be recorded.

 

Stigman

 

Thanks for your replies.

 

The letter I sent with the £1 did state "I enclose the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance. Under those circumstances, you must return the fee."

 

They did not supply nor return the cheque. OK - I see your point - Lowells may try to claim that this was a payment but sure Barclays STOLE my £1 by not using it for the purpose it was sent. Surely a court would not stand for this?

 

I am due to check my credit file next month - always do it every 6 months.

 

Again, thanks for your time.

[Stigman]

 

The letter I sent with the £1 did state "I enclose the sum of £1.00 which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit for compliance. Under those circumstances, you must return the fee."

 

They did not supply nor return the cheque. OK - I see your point - Lowells may try to claim that this was a payment but sure Barclays STOLE my £1 by not using it for the purpose it was sent. Surely a court would not stand for this?

 

.

 

Did you send via proof of posting? recorded delivery?

 

Have you a letter from Barclay's confirming your request for the CCA?

 

You said you had been playing letter ping pong, I would still send the statute barred letter as above in post #6

 

Stigman

[malgoode]

Did you send via proof of posting? recorded delivery?

 

Have you a letter from Barclay's confirming your request for the CCA?

 

You said you had been playing letter ping pong, I would still send the statute barred letter as above in post #6

 

Stigman

 

 

No confirmation - totally ignored. May or may not have sent signed for (I would have to check my files) but a cashed cheque of the same date as my letter should be proof of receipt. Also, I use Royal Mail online postage which does give proof of payment of postage to the address and a reference number to track that it was actually posted subject to the post office's usual lethargic system. However, even signed for can be a pain to prove - I have found that tracking a signed for to banks sometimes comes up still in process. I think that they must have a way of recieving without signing to cause this.

 

I will send the statute barred letter and also refer them to my letter to Barclays that was ignored.

 

I think they may just be part of Barclays anyway, just using a different hat to bluff me. Unless they both use the same building. Postcodes match both companies.