Egg, Lowells, Barclaycard help..

[sam]

Re: Egg, Lowells, Barclaycard help..

Try not to, just keep us updated and for now ignore them or if you want to touch base just send one of these ---> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

Send this to Hamptons?

[sam]

Re: Egg, Lowells, Barclaycard help..

Hey off subject here but I thought I'd just give you an update on my HFO battle but you probably wont remember about it as you have loads of threads to deal with..
They tried to CCJ me with a split claim so I entered a defence etc and gave evidence to the OFT..
They sent me a Notice of Discontinuance so I'm now going to claim expenses back

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

Send this to Hamptons?

Yes, hamptons are part of lowell remember

---> Lowell Group - Who Is Lowell Group

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

Hey off subject here but I thought I'd just give you an update on my HFO battle but you probably wont remember about it as you have loads of threads to deal with..
They tried to CCJ me with a split claim so I entered a defence etc and gave evidence to the OFT..
They sent me a Notice of Discontinuance so I'm now going to claim expenses back

excellent well done

[sam]

Re: Egg, Lowells, Barclaycard help..

Try not to, just keep us updated and for now ignore them or if you want to touch base just send one of these ---> Our Templates | Unenforceability Templates | CCA Query - Creditor Refusal to Accept UE Status

Just a quick update to keed the thread up to date.

I touched base and sent Hamptons the letter you advised.
Got the reply below then another from Lowells

[sam]

Re: Egg, Lowells, Barclaycard help..

HI Niddy and all.
Got a massive envelope today with statements and the credit agreement today and the letter below.
Do I still ignore them Niddy?

[sam]

Re: Egg, Lowells, Barclaycard help..

Just going through the statements Egg sent me and it shows my last payment was November 2005!
Now my partner set up a a DMP with Consumer Credit Counselling Service May 2006 and we stopped paying March 2007 (due to financial probs)and the defaulted balance has come down in line with the payments we made but I have no statements showing these payments being entered!
The payments were sent to a different DCA but not Lowells so could this be SB as there has been no proof of payments sent to me from either Egg or Lowells since 2005.
Or will they track it back a little better when I tell them it's SB and find the DMP payments went to a older DCA???

[sam]

Re: Egg, Lowells, Barclaycard help..

New letter.

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

Hi Sam

Send this to Lowell....

Dear Sirs

Reference: XXXXXXXX

I write reference to previous correspondence regards the above numbered account and thank you for clarifying that this account is indeed Statute Barred. Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

You clearly confirm in your letter to me that "We would advise you that the statements provided are up until 7th February 2006 only and do not allow for any payments received by Egg after that date".

I presume this is why I do not know what this account is, obviously if it's so old and currently Statute Barred then it's a little obvious as to what the dispute was, wouldn't you say? To spell it out for you, I feel you're harassing me for a Statute Barred account that technically you have no right to try and claim.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement (i.e. Payment) to this debt was made over six years ago. Unless you can provide evidence of payment or written contact from me admitting any such account is mine, in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully,



Sign Digitally

[sam]

Re: Egg, Lowells, Barclaycard help..

So just go for SB then even though I set up a DMP with Consumer Credit Counselling Service May 2006 and we stopped paying March 2007.
And even though the defaulted balance has come down in line with the payments we made but I have no statements showing these payments being entered!

The EGG statements they sent show last payment Nov 2005

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

They don't know this do they - did I mention it in the letter above? No, cos they have already confirmed the last payment as being Feb 2006 so THEY are saying it is SB, not you! You are saying nothing, you're simply replying to their letter and making a general observation based on it.

read it again

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

ok mate?

[sam]

Re: Egg, Lowells, Barclaycard help..

Love it Niddy :-)

Shall I put the date of that letter in?
ie: You clearly confirm in your letter dated ******** to me that

[sam]

Re: Egg, Lowells, Barclaycard help..

SB declined but I have never seen evidence of this payment although it was made under our DMP.
What's the next move Niddy?

[Never-In-Doubt]

Re: Egg, Lowells, Barclaycard help..

Cool so they you last paid Feb 2007 so we blag it for 8 weeks easy.

Ill be back later. We'll sort you a suitable reply