barclaycard debt sold to Lowell - chasing BC debt

[Hacked_Off]

No reply to SARS from either as yet

[Hacked_Off]

Consumer Credit Act 1974 (the Act)

Complaint Against: Barclays Bank Plc trading as Barclaycard, Lowell Financial Ltd

Licence No: 05116, 0528607

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Thank you for your email received on 31 March 2012.

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I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and conduct of all traders who hold such a licence.*

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The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

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We have therefore recorded the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader we may need to contact you again in the future. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

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While we are very sorry to hear about the difficulties you have been experiencing, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

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The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. The Financial Ombudsman Service can be contacted at:

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The Financial Ombudsman Service*************** *

South Quay Plaza

183 Marsh Wall

[BRIGADIER2JCS]

Standard reply, as they do not take on individual complaints.

[Hacked_Off]

Standard reply, as they do not take on individual complaints.

 

Still, its another mark on there record!!

[BRIGADIER2JCS]

True the more the better.

[Hacked_Off]

I have today received statements back from barclaysharks. They've sent me 7 months worth the last one dated November 2009 yet I have original copies dating back to jan 2007 so I'm missing at least two years worth. Also one the ones they have provided they have omitted charges Info, I have some originals showing charges that arnt showing on what here sent.

 

The letter from Lowell states " your account Is in hold until we receive a copy of your agreement" shouldn't Lowell already have this when they bought the alleged debt?

 

Barclaysharks also havnt provided any ppi Info which I specifically asked for.

 

What next?

[Zonker]

As it seems from other posts , companies tend to send info requested in dribs and drabs. Give them the 40 days to supply you with the requested information.

[Hacked_Off]

I've emailed lowlife they say they are " looking into it"

[Hacked_Off]

Had a letter from barclaysharks:

 

Thankyou for your request under the data protection act. U fortunately we are unable ton process your request due to the reasons detailed below:

 

It is possible that the account has been closed for a period of more than 6 years and as a result customer details are no longer retained.

 

We are unable to locate an account.

 

They've also returned the postal order.

 

Surely this can't be allowed they sent me some statements so clearly some information is available!!!

[Bazooka Boo]

When did you close this account? Companies are only required to retain copies of the financial relationship for 6 years 'after' the account is closed.

[Hacked_Off]

Roughly 2009-10

[BRIGADIER2JCS]

Then a Formal Complaint to the Data Controller

stating you believe they have failed in their obligation

and you are also complaining to the ICO.

[Hacked_Off]

Thank you for your recent correspondence.

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Your comments have been noted and we write regarding your email dated 08/05/2012. We would advise you that we have forwarded to you all the information in which we hold on yourself under the Data Subject Access request on 26/04/2012.

 

We provided copies of your statements from the original creditor on 01/05/2012 and believe these are sufficient evidence to substantiate our claim.

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We can confirm we are currently awaiting a copy of your agreement from the original creditor and your account has been placed on hold. These will be forwarded to you upon receipt.

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We can advise that Lowell Portfolio I Ltd cannot make any comment on the validity of any fees/charges or payment protection insurance that may have been added to your account prior to the purchase of the account from the original creditor.

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At the point of purchase, Lowell Portfolio I Ltd was assigned all the rights and benefits associated with the account and any obligations that may have existed prior to purchase such as the issue you have raised over Payment Protection Insurance would remain the responsibility of the original creditor to resolve.*

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Therefore, we would suggest that you contact the original creditor directly for further information in relation to any insurance policy that may be applicable to your account.**

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We hope the above clarifies our current position but if you have any further queries please do not hesitate to contact us on 0844 844 4716.

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Yours sincerely

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*********************************************************************

Samantha Barnard*******************************************************************

Customer Services

[Bazooka Boo]

That makes no sense to me at all? Either they have bought the account lock stock and barrel under the law of property act or they haven't?

 

If not then they shouldn't get a single ha'penny IMO.

[Hacked_Off]

That makes no sense to me at all? Either they have bought the account lock stock and barrel under the law of property act or they haven't?

 

If not then they shouldn't get a single ha'penny IMO.

 

Makes no sense to me either. I did get a notice of assignment off them though. They didn't provide all my statements though, missing two years worth. I can't see the agreement materialising either.

[Hacked_Off]

Just now had this emailed to me:

 

Three easy steps to clearing your debt

 

Your unpaid debt could be affecting your credit rating, making it more difficult for you to obtain credit. The debt isn't going to go away and legal action could be taken against you if you do not make arrangements to re-pay the debt.

 

Get peace of mind, knowing you're taking care of your obligations, by following these three easy steps:

 

 

One. Decide how much you can afford to pay each month. If you can pay the balance in full your credit file will be updated to show the debt has been settled and no longer exists.

 

Two. Either call us on 0113 308 6085 to discuss your payment options - we won't ask you to pay more than you can afford, so don't worry - or, if you'd prefer go to www.Lowell.co.uk and either pay off the balance with your debit card or set up an affordable monthly Direct Debit. (You can set up a Direct Debit securely by following this link)

 

Three. Just ensure that there is enough money in your bank account each month to pay the Direct Debit when your payment is due. Simple.

 

We won't add any interest to your account whilst you are repaying it.

 

Take the worry out of your debts, just call us on 0113 308 6085 we'll always find a solution for you.

 

Yours sincerely,

 

James Crabtree

 

Customer Service Manager

 

Non idea how they got my email address, I assume barclaysharks passed it on after my recent ppi claim. Mmm is that allowed?

 

Lowell seem to jab had a lapse in memory they did not comply with my sar or cca and admitted they "couldn't find" the agreements nor full statements and "placed the account on hold"

[BRIGADIER2JCS]

Why a SAR to Lowell they have no date from before they aquired the debt,SARs go to the original creditor, the CCa to LOWELL.

[Hacked_Off]

Yeah sorry that's what I meant I cca Lowell and sar to barclaysharks. Barclays sent the postal order back claiming they could not locate an account having the previous week sent me some statements!!!

[BRIGADIER2JCS]

Complaint to Barclays Data Controller,data is kept for 6 years after an account is closed.

[Hacked_Off]

I've already done that, no reply!!

[Bazooka Boo]

So Sharklays have returned your £10 fee for the SAR?

 

Ignore lowlifes, just laugh at their letters and emails.

 

How old is the account with sharklays?

[Conniff]

How old is the account with sharklays?

 

Sounds like it might be reaching the end of it's life.

[42man]

It sounds like the debt may be statute barred anyway....

[Conniff]

Exactly or very close to it. Lets send them a nice letter, tell them we won't ask for more than you can afford, even £1 per month will do and 'gotcha' the SB now has another 6 years to take effect. We can now stop all the niceties and get down to the serious business of harassment and threats.

[Hacked_Off]

So Sharklays have returned your £10 fee for the SAR?

 

Ignore lowlifes, just laugh at their letters and emails.

 

How old is the account with sharklays?

 

I havnt made a payment since 2007.

 

Now that I think of it it will be coming close to statute barred.

 

That explains why they keep offering me discounts!!