Lowells and old barclaycard debt.

[catlady38]

Dear all, hope I'm in the correct place for this post?

 

Several years ago I had a barclay card and was made redundant.

 

At the time I couldnt meet the minimum payments for this and an argos card.

 

I called Barclay card and explained the situation and asked them to freeze interest etc till I got back to work.

They refused and wouldnt accept any other payment.

 

to cut a long story short it got passed to Mercers who told me to borrow from a family member.

After loads of calls from them at all times of the day,

I wrote to them to advise that I couldnt pay what they were asking and that if they wished to pursue

they would have to take me to court where we could arrange a suitable replayment plan.

 

Heard nothing back until a letter arrived to say they had sold the debt to 1st credit who then started to harrass me.

 

Sent them a copy of the letter I sent to Mercers and advised them I would not be answering any more of their letters etc.

Had a few chasing letters then nothing more.

 

This debt has been sold on more times than I can remember but

 

all of a sudden out of the blue 2 years later Lowells start writing every other day.

From what I can remember I last made a payment to Barclaycard either at the end of 2007 / early 2008.

They defaulted me June 2009.

 

Lowells have tried every card they have at trying to scare me into paying.

I have ignored every letter and they have sent letters from Red and their legal department Hamptons.

I have lost count of the times they may take me to court etc.

 

I received a letter recently from Hamptons to say at this time they have decided not to take me to my local court

but will pass the debt to a debt collector who will personally visit me.

I'm not scared of a visit as I will be keeping a bucket of water by the door.

 

do you think that Hamptons realise they are going to find it difficult to get this money.

They have offered me a 50% reduction as well.

I'm aware of statue barred, but is this 6 years from last payment or 6 years from default.

 

Seems strange they admit they are not going to take me to court,

although by now they have probably found out I do not own my own home

and I'm a stay at home mum supported by my partner.

 

Incidently had Mercer accepted my initial offer as Argos did

most of this debt would have been paid back by now.

 

I cleared the argos debt 2 months ago.

[dx100uk]

seems a bit like all my mrs debts and lowells.

 

they have 7

all from 2007/8

 

every letter under the sun.

 

ignored everything.

 

the major clue here is the discount.

prob penalty charges I bet

 

dx

[catlady38]

Thanks,

just threw me a bit when after countless letters threatening me with court etc,

 

I receive a letter to say they have decided at this time not to take me to court.

 

Instead they try to scare me with doorstep visit.

 

I live miles away from their offices so that would be a nice costly wasted journey for them.

[fkofilee]

To me it smells that they havent taken you to court but "politely offered" to send it to a field collector...

Last time i checked if it doesnt go through the motions for legal with Lowells then id truly say that there maybe something a little wrong here.

 

As DX said... the loan may have PPI / Reclaimable Charges or even maybe Stat Barred because of the last payment date.

 

Checked your credit file?

[Bazooka Boo]

SB is from the date of last payment or written acknowledgment, naff all to do with default date, although a lot of these parasites

like to tell you otherwise.

If the credit ref agencies are processing inaccurate data then they should be brought to task

and told that they need to correct the data immediately or face legal action for defamation of character.

[slick132]

Hi Catlady and welcome to CAG

 

If you can find out exactly when you last paid towards the a/c (or made any written acknowledgement of the debt), this would be very helpful to your position.

 

Then you can tell when the a/c was, or becomes, Statute Barred.

 

[dx100uk]

lowells don't doorstep

 

they farm it out to scotcall or one of the others

 

just remember

 

NO DOORSTEPPER has ANY LEGAL POWERS

 

they , like DCA's ARE NOT BAILIFFS

 

and

 

have NO SUCH LEGAL POWERS.

 

dx

[slick132]

SB is from the date of last payment or written acknowledgment, naff all to do with default date, although a lot of these parasites

like to tell you otherwise.

If the credit ref agencies are processing inaccurate data then they should be brought to task

and told that they need to correct the data immediately or face legal action for defamation of character.

 

Agreed, it is nowt to do with the DN date.

 

But the SB date is when the creditor first has a Cause of Action to recover the debt after the debtor's failure to pay and breach of contract.

 

Therefore the SB clock starts ticking, not from when OP last paid, but from when the creditor had Cause of Action to recover.

 

Eg, if OP made a payment that was due on 1st Nov'r 2007 but failed to pay as required on 1st Dec'r 2007, the SB clock would start from this later date.

 

Hopefully, Catlady will come back and confirm the date when the last payment was made.