lowells reconstituted CCA / Barclaycard. advise please.

[mab177]

hi,

 

Please, I would like to know exactly what i should have received as a reconstituted CCA request from lowell portfolio.

 

 

The situation i have is:

 

18/03/13, I sent a CCA request to lowell for a barclaycard account.

 

14/05/13, I receive a reply to my request and states, after liaising with barclaycard in an effort to obtain this document we have been advised that this is no longer available due to the length of time since the account was opened. Also it states they are closing my account and not make any further contact with me concerning payment against this account unless the copy of the agreement is received at some point in the future from barclaycard.

 

17/05/13, I receive a letter from lowell saying, We are in receipt of your recent request for a copy of your agreement.Your O/C has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the CCA 1974, we are not obliged to send you an exact copy of your signed agreement. We have now fully satisfied our obligations required following your request under the CCA1974 Blah Blah Blah,

We would also confirm the following information as required by the above act.

balance payable against your account £1484.19

current state of your account: defaulted.

 

What i have received with this letter as what they say is a recon copy of the agreement:

An a4 with my name and an address (address is my fathers address, i have never lived there) a box with written inside YOUR RIGHT TO CANCEL, once signed .you'll have short time to cancel and so on etc.

Barclaycard agreement A copy for your records sheet (in the top right corner a little cancellation form to fill out).

a sheet about;Barclaycard conditions of Use, a copy for your records.

Barclaycard terms n Conditions sheet.

A supporting letter from barclaycard dated 18/04/13 (see attached scan)[ATTACH]44074[/ATTACH]

 

 

 

 

Please could you advise on this matter, is there things missing that should be in this recon agreement, it just seem right to me but i havent got a clue thats why im asking for help.

 

kind regards mark.

Edited May 26, 2013 by mab177

[slick132]

Hi Mab,

 

Have a read through this similar thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?388303-Barclaycard-cannot-provide-credit-agreement

 

The document you scanned is too small to see. Follow the guide here in post #82 to post it as a PDF doc't - http://www.consumeractiongroup.co.uk/forum/showthread.php?345798-Roxburghe-HFO-old-barclaycard-debt&p=4174953&viewfull=1#post4174953

 

[dx100uk]

also give us the status of this debt from your CRA file please

 

see below

 

dx

[Annie71]

Are your initials the same as your Dad's and can you prove you have never lived there? I think that any agreement has to be accurate and contain the right name and address at the timethe agreement was taken out.I would reply with a copy of the first letter and add that the recon they sent you did not contain the prescribed terms. Do not tell them what is wrong though, let them figure it out.

[slick132]

Hi Mab,

 

If you've never lived at YF's address but that's what appeared on the fabricated reconstruction, they are just trying it on. It's a lash up of a recon.

 

If you want to repay what you feel you owe, you can do so at a rate you can afford to pay.

 

If you don't want to repay the debt for whatever reason, you have good grounds to refuse on the basis that their reconstruction is simply a guess at what any original agreement would have looked like.

 

[mab177]

[/url] Edited May 27, 2013 by mab177

[mab177]

also give us the status of this debt from your CRA file please

 

see below

 

dx

 

Hi dx.

 

Lender Lowell

Balance £1484

updated 13/05/13

Status - Default

account start date 27/02/1997

date of default 20/05/2010

opening balance £1455

default balance £1455

[dx100uk]

I have taken down rwo of your scans as pers info is showing.

 

use:

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

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

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

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

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dx100uk]

so at some point lowlife have brought the debt.

 

1997 to 2010 without being defaulted is a good run

but it'll be 2016 till it vanishes.

 

when was your last payment?

 

bc have sold this debt

so it must be toxic

and filled with all manner of PENALTY charges

and PPI?

 

have you got all the statements?

 

dx

[mab177]

hi

 

my last payment to B/Card was Dec 2008.

 

there is a bit of a twist in this also,

Back last year i contacted Barclaycard for a refund of ppi, On 28/02/13 barclaycard reply and have had offered me £2107.40 . though it seems they want to offset against the O/S balance.I think this is why lowells are trying everything not to give up and close this account.

 

dont see why i have to pay them if they're unable to produce a cca doc

would this be right? are they allowed to use the refund to offset?

 

thanks MB.

[dx100uk]

really dec 08!

then the defaulted date should be with 6mts of that date. strange its taken them 2yrs to do it!

 

a PPI refund cannot be off set to a debt that has been sold

the owner has thus written off all contacts/rights they had on the account.

 

dx

[mab177]

really dec 08!

then the defaulted date should be with 6mts of that date. strange its taken them 2yrs to do it!

 

a PPI refund cannot be off set to a debt that has been sold

the owner has thus written off all contacts/rights they had on the account.

 

dx

 

 

Hi,

so would it be worth a letter to b/card asking for the refund not to be offset, is there any specific wording i should use in putting the letter together.

 

thanks again.

[dx100uk]

asking ..no

demanding yes.

 

its not their debt they don't own it.

 

You no longer own the alleged debt and have no right to withhold monies in respect of it. If XXXX wish to pursue me for any amount they allege I owe them, that is their prerogative.

 

The authority for my views is the case of Edlington Properties v. Fenner & Co. Ltd [2005] EWHC 2158 (QB) which affirms this position, that the assignor has no right of set-off to a third party (assignee) for a damages claim brought against it post-assignment, as any equitable set-off in this regard is personal in nature and the debt sold is not transferred subject to it.

 

Further information on the right of setoff can be found on the Financial Ombudsman’s site which clarifies in layman’s terms the rights of banks to take the action you indicated in your settlement letter. Banking: firms' right of 'set off'.

[slick132]

Hi Mab,

 

If there's a refund due to be made for either PPI or penalty charges, BC or Barclays Litigation may say they are repurchasing the debt from the DCA who bought it. See this thread from post #94 onwards - http://www.consumeractiongroup.co.uk/forum/showthread.php?364605-BARCLAYCARD-**WON**-Charges-repaid-with-compound-int-t-and-DN-removed**&p=4134035&viewfull=1#post4134035

 

The case, however, has an interesting twist as it transpired that BC or Barclays Litigation never actually bought back the debt. As a direct consequence, the DCA re-posted adverse credit data incorrectly and this issue is the subject of an ongoing complaint and negotiation.

 

Barclays settled the court claim on the basis that they had repurchased the debt and the Claimant took them at their word. We will advise against this in future as it seems Barclays behaved dishonestly.

 

If Barclays actually DO repurchase the debt, then they have the right to Set Off the refund against an outstanding balance.

 

If they do NOT repurchase the debt, our stance is that they have no right in law to Set Off all or part of a refund. This was backed up in a FOS complaint when the Adjudicator ruled against the Claimant but was over-ruled by the Ombudsman on appeal.

 

Do you have your statements to check for PPI and penalty charges.

 

[mab177]

hi,

i do have statements but are largely incomplete from the time the account was opened. ppi start date Feb 1997 - end date april 2009.

though with the PPi claim i have ongoing with B/C , they sent me a Schedule Of Charges showing how they've calculated my PPI payments but from Pre 03/03/2005 they have estimated the PPI charges i guess to do with the 6yr statement rule thing! Date of this schedule was March 21st 2011, this amount was £1712.19.This time they also wanted to offset to the alleged outstanding balance with lowells, which i refused to sign the declaration and never heard anymore until,

 

When i contacted B/C again in Feb 2013 about my unpaid PPi claim they sent a reply letter offering me £2107.40, i guess the revised higher figure is from the 8% simple interest per annum the longer their holding onto my money.

 

anyway back to the drawing board and try to stuff up lowells and B/C with this so called Recon CCA, and try and get back what i'am owed.

 

Any suggestion on what i could send these losers as a reply would be gratefully appreciated.

 

Mab.

[slick132]

Hi Mab,

 

You really need your statements from BC so you can check the PPI figures and also reclaim all penalty charges.

 

So, if you don't have them all, send off a SAR.