What now after no more letters from Lowell?

[Forres]

I sent a CCA letter to Lowell Financial on the 24th November 2006. They replyed within 10 days aknowledging the letter and said they would send proof of the debt as soon as they recieve the relevant information from their client. This was a Barclaycard debt from about 5 years ago.

 

This is now 18th January and I have never heard a thing. Considering at one point I was recieving a letter every day from them and their "legal department" Hamptons Legal. Now I hear absolutely nothing. I did pay them around 150 pounds. I am considering claiming this back as they have not presented any proof that this debt exists.

[lookinforinfo]

The time to have sent the letter was before you started paying. This makes

the debt unenforceable without a Court Order.

But it does not mean that you can reclaim the money you have paid. Why?

Because for them to get the Court to agree that they have a valid claim, they

may have to produce the original agreement.

For you to get your money back, YOU have to prove that there was no debt,

not that THEY cannot prove that there is a debt.

 

Count your blessings that the harassment has stopped. I guess the postie

up there will be pleased he doesn't have to cross the Mossie bridge to you

as often now either.

 

If the debt is not that big, they may have decided to forget about it once

they were in breach of the Act. Just keep their letters in case they come back at you in the future.

[skintandbroke]

Hi

I'm in a similar boat - i sent them an SAR in November and haven't had a thing at all back from them. Do i just leave this now?

(Sorry I do have a thread of my own on this, but i've had no response when I asked this before).

Cheers

[lookinforinfo]

Skintand broke, It is normal to send the original creditor the S.A.R - (Subject Access Request) because you are looking to receive details of all your banking or credit card history with the company including what charges were applied to your account. This may be with a view to reclaiming the charges that were unlawful, or to ascertain if the debt has

been assigend, how much your debt was on transfer, to see if the DCA has added their own charges on top.

 

And you would send a CCA request to the DCA to confirm they had a copy of

your original agreement, confirming their right to collect the debt.

 

As you have sent an S.A.R - (Subject Access Request), they have 40 days to comply or they commit an

offence. Not sure what info you wanted from them, but if they now own the debt, they may not be too keen on admitting to an offence, so may quietly

drop your case-though they may not have decided to take such a course.

If your debt came to more than the charges you could reclaim, it might be

as well to say nothing and forget about it-but keep copies of your S.A.R - (Subject Access Request) request in case it springs back to life later.

[skintandbroke]

Ah thanks,

i sent them the one which says I want copies of the signed agreement and statements etc, but still heard nothing. i'll keep all the papers in my file just incase.

Thanks for you advice on this.