Good old Lowells and Barclaycard

[oscar]

Re: Good old Lowells and Barclaycard

I got home and there was another 3 letters saying that they were awaiting Barclaycards response, but when they give it to me I have to pay at once!!!!

Is this harrasment????

I had that letter for my marbles account - from lowells. Shortley after they wrote to me saying they were taking a "commercial view" and writing it off.

This is what they said exactly - forums.all-about-debt.co.uk/showpost.php?p=72555&postcount=30

[CleverClogs (RIP)]

Re: Good old Lowells and Barclaycard

This morning though I had a warning from equifax say there had been a change in my history and when I checked it appears that I now have 2 credit cards with Lowells !!!! Is this correct what they have done... ?

No, as their Consumer Credit Licence does not permit them to lend money.

Perhaps you should ask the Leeds loonies for a new card?

[CleverClogs (RIP)]

Re: Good old Lowells and Barclaycard

Ah, they do read, but its Lowell's Letter Land phonetic alphabet!

L is Lowlifes. What is O for?

O is for Onanism.

HTH.

[CleverClogs (RIP)]

Re: Good old Lowells and Barclaycard

Could work, but make sure you have ample proof to combat any counterclaim....

In my case the debt in question is not my own so I am quite deliberately taking the piss, so to speak. If it was my own debt then my letters are not the suggested way to go, instead use the normal templates

Couldn't he assign Lowells's debt to you?

[charitynjw]

Re: Good old Lowells and Barclaycard

Casp, you were only asked to provide the "O" in Lowell's Letter Land! Not the whole word. How can Lowell's staff possibly learn if you give them all the answers and make them lazy students? Did they teach you nuffink in that B.Ed. degree?

I've just successfully graduated from my B.Ed ('scuse the dodgy punctuation!)

[mgfboy]

Re: Good old Lowells and Barclaycard

I had 3 letters from Lowells on the three accounts saying that Bcard couldn't provide them with copies of any agreements and they where closing the accounts ( with the clause if the docs turn up etc).

I question I ask you good people is should I let it alone now or is there anyway of getting the original defaults removed???

The one thing I've never got my head around on unenforceability, is without an agreement , how can you ever be in default because there is no terms to be in default with. They can argue as a statement of fact that you have had the money, but it might be a interest free loan with no repayments for ever etc!!!!

[Never-In-Doubt]

Re: Good old Lowells and Barclaycard

I had 3 letters from Lowells on the three accounts saying that Bcard couldn't provide them with copies of any agreements and they where closing the accounts ( with the clause if the docs turn up etc).

I question I ask you good people is should I let it alone now or is there anyway of getting the original defaults removed???

The one thing I've never got my head around on unenforceability, is without an agreement , how can you ever be in default because there is no terms to be in default with. They can argue as a statement of fact that you have had the money, but it might be a interest free loan with no repayments for ever etc!!!!

The defaults remain, just leave it alone and see what happens.....

Regards your default query, I also argue this whole thing (its actually s.10 DPA you need to refer to) which basically suggests if there is no signed agreement then technically you never authorised them to share data right? However this was all answered within McGuffick v RBS.

Read the judgment for yourself here: McGUFFICK v RBS [2009]

[mgfboy]

Re: Good old Lowells and Barclaycard

Fair enough I thought it was around that ruling , but the Judge did make some pretty big leaps and if only we could get the money together I think it might be challenged. I did speak at one stage to a solicator in training that I knew and he had heard that it was a bad ruling and the Judge had a beef on the whole matter. He probably thought how dare the great unwashed fight the banks, that's only for rich people to do.

Hows it going with the old super compliant site???

[Never-In-Doubt]

Re: Good old Lowells and Barclaycard

Fair enough I thought it was around that ruling , but the Judge did make some pretty big leaps and if only we could get the money together I think it might be challenged. I did speak at one stage to a solicator in training that I knew and he had heard that it was a bad ruling and the Judge had a beef on the whole matter. He probably thought how dare the great unwashed fight the banks, that's only for rich people to do.

Hows it going with the old super compliant site???

Mate it'd be a few hundred thousand to take such a fight through court - underlying principle has to remain though, did you spend the money? Yes - ergo you MUST have signed something in order to get the account - the fact they don't have the agreement means yea, they cannot enforce it - but it does not mean that the debt never existed.

The McGuffick case, whilst it seems bad to a debtor, was actually really good as it did outline the facts that should be met..... cleared up a lot of confusion, as did Carey but anyone that knows me knows I hate both these judgments, although deep down they do provide answers if you look deep enough into it

[Never-In-Doubt]

Re: Good old Lowells and Barclaycard

Hows it going with the old super compliant site???

73rd on my list of "to do's".....

[mgfboy]

Re: Good old Lowells and Barclaycard

Mate it'd be a few hundred thousand to take such a fight through court - underlying principle has to remain though, did you spend the money? Yes - ergo you MUST have signed something in order to get the account - the fact they don't have the agreement means yea, they cannot enforce it - but it does not mean that the debt never existed.

I know what you mean that why I used to like the old days when if you knew the manager you didn't even have to sign things they would be just marked on the account. But it's a two way street and that why I'm having so many problems with HSBC

[mgfboy]

Re: Good old Lowells and Barclaycard

I checked my credit record yesterday and it appears that Lowells have disappered and the defaults that where cancelled with Bcard are back there. Lowell must have a mechanism for passing back purchased debts if they are unenforceable.

I was hoping they might have got lost in the wash as it where

[Never-In-Doubt]

Re: Good old Lowells and Barclaycard

I checked my credit record yesterday and it appears that Lowells have disappered and the defaults that where cancelled with Bcard are back there. Lowell must have a mechanism for passing back purchased debts if they are unenforceable.

I was hoping they might have got lost in the wash as it where

Ahh bummer, yes that is what happens though, the default rarely gets lost.....