Lowell / Barclaycard CCA cannot be found :)

[DesperateSusan]

I received a letter from Hamptons - is this standard threat-o-gram stuff or something more serious?

 

The text of the letter is:

 

Impending legal action

We are Hamptons Legal the litigation department for Lowell Financial Ltd. We have been instructed to recover an outstanding debt that you owe which originate from an agreement you had with Barclaycard. We note that Lowell Financial Ltd have offered you on a number of occasions the opportunity to enter into a payment plan so that you couold clear this account but you decided not to take up the offer.

 

What is the reason for non-payment?

We know of no reason why this debt should not be paid and can only assume you simply have no intention of paying it back. We are therefore assessing your account to decide what action to take. As you are a homeowner it is very likely we will apply to the County Court for a Judgement against you ordering you to repay the outstanding balance. If you continue to refuse to pay, we will consider the following:

 

o applying for an Attachment of Earnings order which, if granted, would allow us to recover the balance in installments directly from your salary; or

o Applying for a Charging Order which if granted would secure the debt against your property; or

o Issuing a petetion to the court for your bankruptcy.

 

You need to seek advice

Unless you call and pay off your debt or set up a payment plan we strongly recommend thaty you seek professional advice so you gain a full understanding of what the above courses of action may mean to you as both could have serious consequences.

 

Avoid further action

To avoid any further action against you please call us on 0113 308 6095, and discuss repayment, we willagree to a monthly arrangement, we may even agree to a discounted amount in settlement.

 

Yours faithfully

 

Jill Senior

 

I have been ignoring all letters from Lowells about this debt for nearly 3 years. Should I ignore this, too?

 

Thanks,

 

Sue

[Andyorch]

Thread to General debt collection Industry.

 

Regards

 

Andy

[Andyorch]

Send them this Sue.....should keep them quiet for a further 3 years.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

Regards

 

Andy

[silverfox1961]

Hi

If you own any property they may try a Statutory Demand but if not, just another threat

[DesperateSusan]

I do own property - jointly with my soon-to-be-ex.

 

Does the joint ownership status make a difference? I always thought it did.

[Andyorch]

I do own property - jointly with my soon-to-be-ex.

 

Does the joint ownership status make a difference? I always thought it did.

 

Yes if the debts in your name only.......send the above head it " I do not acknowledge any debt with your company "

 

Andy

[DesperateSusan]

Thanks, Andy, will do.

 

Sue

[DesperateSusan]

Back in May I CCA'd Lowells regarding a Barclaycard debt.

 

I have received a letter from them saying

 

Dear Desperate Susan,

 

Your credit agreement

We refer to your recent request for a copy of the original credit agreement for this account.

 

After liaising with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

We are closing your account

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Barclaycard.

 

Woo Hoo!

 

Regards,

 

Sue

[Bazooka Boo]

Keep that letter very safe and make a copy of it.

 

Check your credit file also.

Did they return your £1 fee?

[DesperateSusan]

Hah - no, I don't think they did return the £1 - the buggers!

 

What should I expect to see happen on the credit file? I use Noddle, so it takes ages to update :/

 

For info and for others who may be in a similar position ... the account was opened in 2000, defaulted in Mar 2010 and Lowells have been pretty well ignored by me since Aug 2011 - until I sent a CCA request in May '14.

 

Sue

[Bazooka Boo]

Demand the return of your payment, otherwise they will use is as payment onto the account in the misguided view that it will reset the SB clock.

 

Just check your credit file to see if they have marked it.

[DesperateSusan]

Well, I was thinking I wouldn't hear from Lowells again, but I have received a letter from them which says:

 

Dear DesperateSusan,

 

We have ordered statements on your account.

 

As we have requested these from Barclaycard, it can take some time for them to be returned to us. During this time your account has been placed on hold.

 

In the meantime, there is no need to contact us again regarding this matter, however, should you wish to speak to someone in our customer service team please do not hesitate to call on 0844 844 4716.

 

What are they hoping to achieve by asking for the statements?

 

I've not read of them doing this before, is this standard procedure?

 

Is it a file-and-forget type letter, or should I be doing something about this?

 

Thanks,

 

Sue

[havinastella]

They will try to use the statements to 'establish' a connection between you and the account. TOUGH for them, they need the original agreement as the account was open pre 2007.

[DesperateSusan]

Thanks.

 

So when they said they had "closed our file" as in the letter quoted in the OP, that actually means nothing!?

 

I should've known.

 

Sue

[intend]

Just sit tight - if continue just tell them the account is in dispute until CCA request dealt with

[DesperateSusan]

Thanks Intend.

 

Sue