Morgan Stanley Barclaycard sold to Lowell

[Deepie]

Re: Morgan Stanley Barclaycard sold to Lowell

A big thanks to everyone for your help on this.
I will forget about any reclaims at present. I'm just wondering what, if any, response I should send to Lowell. The CCA Barclaycard sent is a hacked together piece of junk (confirmed by Niddy) I thought of sending another CCA request to Lowell just to string them along, but why give them the opportunity to come up with something better!
I could send a "sold in dispute letter" if anyone thinks this is the solution. I'm not really in favour of entering into letter ping-pong with Lowell but I'm also mindful that they threatened a statutory demand and I would like to keep them on the back foot! If they try anything I suppose I could always go the CPUTR route.

http://forums.all-about-debt.co.uk/s...&postcount=166

Have a quick look here ^^^^

[vint1954]

Re: Morgan Stanley Barclaycard sold to Lowell

"If you consider that you have grounds to have this demand set aside or if you do not quickly receive a satisfactory written reply from the individuals in part B..., you should apply within 18days ......to have the demand set aside.

Any application to set aside the demand (Form 6.4 in Schedule 4 to the Insolvency Rules 1986) should be made within 18days from the date of service upon you and be supoprted by an affidavit (Form 6.5 in Schedule 4 to those rules) stating the grounds on which the demand should be set aside. The forms may be obtained from the appropriate court when you attend to make the application."At this stage they are only threatening and SD.

Valid grounds for resisting are that you dispute the debt. SD's should only be used in undisputed claims.

Others will advise better, should you receive a SD.

[jon1965]

Re: Morgan Stanley Barclaycard sold to Lowell

There is a thread on here from Paul about SD's and why they should never be ignored. I am not sure what the appropriate responce whould be or when it is actioned but I am sure someone will help you.
I am not sure so don't quote me but the mere fact that they sent you a UE agreement would be the perfect defence against a SD.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

A big thanks to everyone for your help on this.
I will forget about any reclaims at present. I'm just wondering what, if any, response I should send to Lowell. The CCA Barclaycard sent is a hacked together piece of junk (confirmed by Niddy) I thought of sending another CCA request to Lowell just to string them along, but why give them the opportunity to come up with something better!
I could send a "sold in dispute letter" if anyone thinks this is the solution. I'm not really in favour of entering into letter ping-pong with Lowell but I'm also mindful that they threatened a statutory demand and I would like to keep them on the back foot! If they try anything I suppose I could always go the CPUTR route.

[Deepie]

Re: Morgan Stanley Barclaycard sold to Lowell

Niddy has confirmed that my MSDW agreement is unenforceable, I'm not surprised as it is the most badly hacked together piece of junk I've ever seen!
As Lowell have bought the debt, time to tell them to eff off.

A quick question on an issue I'm unsure of, the amount claimed is full of unfair charges etc, should I consider reclaiming from BC or leave it alone. Would a claim acknowledge the debt? a bit of a minefield!
Great site by the way!

It depends on the balance ..........

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Niddy has confirmed that my MSDW agreement is unenforceable, I'm not surprised as it is the most badly hacked together piece of junk I've ever seen!
As Lowell have bought the debt, time to tell them to eff off.

A quick question on an issue I'm unsure of, the amount claimed is full of unfair charges etc, should I consider reclaiming from BC or leave it alone. Would a claim acknowledge the debt? a bit of a minefield!
Great site by the way!

[Deepie]

Re: Morgan Stanley Barclaycard sold to Lowell

Have a look here------>Section 4 - Final Responses... Section 5 - Legal Threats
I don't know what you have sent or received so can't say

[vossy]

Re: Morgan Stanley Barclaycard sold to Lowell

I'm no expert so - welcome

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Assignment letter and lots of threats from Lowell, their latest advising me Red Collections (aka Lowell) may issue a statutory demand. As I mentioned I would like to let them know I'm a fighter!
Many thanks Flowerpower

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Hi Flowerpower and thank you for the welcome.

This has so far been to virtually every DCA in the land! from Barclaycard in house (Mercers & Calders) to Moorcroft, Midas Legal, Westcot, Credit Security, possibly one or two others, and now Lowell who seem to have purchased the account. I received an assignment letter from BC in the same envelope as a Lowell letter, the BC assignment letter was obviously hacked together by Lowell...I gather this is acceptable! I may SAR BC shortly to confirm that the a/c was sold.
The reason I thought of CPUTR initially was to prempt Lowell and let them know I'm no pushover.

[vint1954]

Re: PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

Thanks Vint, it's very difficult to read the copy they sent, I'll try to send to NID.

The one thing it must be, if enforcable, is legible, copy document regs and all.

Niddy will let you know.

Vint

[rockwell]

Re: PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

Thanks Vint, it's very difficult to read the copy they sent, I'll try to send to NID.

[vint1954]

Re: PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

hi Rockwell,

The agreement looks to be illegible.

If you can sort a better scan out, possibly jpeg, then e mail them unedited to Niddy. There is a link in his signature, email CCA.

Vint

[rockwell]

Re: PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

Just to add, there are apparently loads of different agreements all purporting to be MSDW from about 2004/2005. I don't believe they sent a different agreement to each applicant!

[rockwell]

Re: PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

Here it is! whole sections missing. My question is, do they have a copy of the original and will a CPUTR question force their hand.
Thanks NID.