Lowell chasing Barclaycard debt defaulted 2008

[BigJ7240]

Hi

I sent a standard CCA request to Lowell, with the standard '12 working days to respond' clause.

 

They responded within that time frame,

 

but only to tell me that they have requested the original CCA from Barclays (circa 2005)

 

and that they will respond as soon as they can.

 

 

Is there a time-limit to how long they have to respond?

 

Thanks for your help!

[dx100uk]

hi welcome

 

regardless to their silly games

 

they still only have 12+2 working days to come up with it.

 

if they fail that timescale

send them the failure to comply letter and stop any payments.

 

tell us more about the debt please

 

card/loan/overdraft?

 

have you got a copy of your CRA file [see below]

does it show?

 

how old is the debt?

 

when did you last pay anything or use it?

 

dx

[BigJ7240]

Thanks

Awkward to talk about it...I haven't before.

 

I had a breakdown and this debt coincided with that.

 

It's a Barclaycard that I had about ten years ago.

 

I have never responded to any letters, acknowledged etc.

 

I only responded to them as I cannot face having a 3rd ccj against my name...just too stressful.

 

I sent a request for a CCA to Lowell on behalf of Barclaycard, as I said in my last post.

 

So...does this mean that if I haven't heard from them in 12+2 I can legitimately stop worrying about this?

 

I am still not in a position to pay off this debt.

[BigJ7240]

Sorry, I should have said, I defaulted xmas 2008.

[dx100uk]

hey no sweat

 

we are all the same here.

 

you will need to follow up the failure to supply the CCA by letter.

 

if this debt is 10yrs old

 

was there ever a period of 6yrs whereby you never made any transactions in or out?

 

it might serve you well to send BC an SAR

 

get all the statements and look for PENALTY charges &/or PPI to reclaim?

 

how much is outstanding?

 

dx

[BigJ7240]

The card is 10 years old,

but the debt commenced when I defaulted at end 2008 / beginning 2009.

 

That was the last time the card was used, and they have not had any payments from me since.

 

They have passed the debt through various agencies, but I always ignored it.

 

I only responded recently when Bryan Carter solicitors said they would be taking me to court.

 

Outstanding is just under £7k.

 

How would an SAR help? (Sorry - newbie!)

 

I think there is a very good chance I did take out PPI,

but I have ignored that as I did not want to draw attention to myself.

[BigJ7240]

And sorry, I forgot to add, thanks for responding

[dx100uk]

an sar gets you all the statements

 

click on it and follow it through.

 

if there is PPI on a card of that age & p'haps PENALTY charges [£12/£20/£25 late/over etc etc]

 

these reclaims could be worth £1000's

 

what did you send to carter when you fell for the threat-o-gram too?

 

dx

[BigJ7240]

Thanks

I just sent Carter a copy of the CCA request I sent to Lowell,

asking them not to do anything till I had that back from Lowell.

They have responded, saying they have put action on hold till further notice.

 

I will ask BC for an SAR then.

I can see that PPI might be a good thing to chase, but I don't understand how penalty charges work in my favour...

 

Should I send Lowell a failure to comply letter too? What will be the result of that?

 

(And, last question thanks Do you have a template? I've looked but can't seem to locate an appropriate one....)

[dx100uk]

in the green library tab top left

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection

 

once you've sent that

that nails your colours to your flagpole

squarely putting the owness on them to provide a valid CCA

 

until that time, you do nothing more

 

PENALTY charges are unlawful and are deemed a PENALTY so thus can be reclaimed

 

see the links below.

[BigJ7240]

Thanks - you've been a great help. I will let you know how it goes.

[slick132]

Hi BigJ,

 

If you don't have all the old statements, the SAR can be useful in getting you data going back 6 years. If you do have old statements going back further, that would be useful to your situation.

 

Once you identify PPI and/or penalty charges, they can be reclaimed in full plus compound int't on the penalties.