Morgan Stanley Barclaycard sold to Lowell

[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.

[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.

[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.

[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 ^^^^

[Never-In-Doubt]

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.

I'd probably send this ---> Our Templates | Unenforceability Templates | Threat by Creditor - Threat-o-Gram Letter Before Action

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Thank you Niddy, in my excitement at discovering AAD I almost forgot to mention I have a defective DN (allowing 13 days to rectify) issued by Mercers as agent for Barclaycard. I never received a DN or termination notice from BC.

Another nail in the coffin of Lowell who now own the debt?

[vint1954]

Re: Morgan Stanley Barclaycard sold to Lowell

Thank you Niddy, in my excitement at discovering AAD I almost forgot to mention I have a defective DN (allowing 13 days to rectify) issued by Mercers as agent for Barclaycard. I never received a DN or termination notice from BC.

Another nail in the coffin of Lowell who now own the debt?

Indeed, but that will become more important later.

Best to just stick to Niddy's route.

Vint

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

Thanks FP, I intend keeping it tucked away for future reference if necessary!

[vint1954]

Re: Morgan Stanley Barclaycard sold to Lowell

Non compliant/bad DN or no DN becomes relevant if they took you to court, not during the normal UE process, thus if it was me I wouldn't mention that fact on any correspondence you may send them.

Indeed, powder dry at this stage

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

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

Have a quick look here ^^^^

in 2 deep sent me this link but a password is required to access, I'm assuming I don't have enough posts yet to view, could someone please clarify? Many thanks.

[Never-In-Doubt]

Re: Morgan Stanley Barclaycard sold to Lowell

in 2 deep sent me this link but a password is required to access, I'm assuming I don't have enough posts yet to view, could someone please clarify? Many thanks.

I'll authorise access there for you. I'm on phone so a mod will pm you the password if they see before I get round to it.

[PriorityOne]

Re: Morgan Stanley Barclaycard sold to Lowell

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.

CPUTR may not force their hand in the way that you mean.... but it should force it in the sense that they cannot mislead you..... This means that if your request is specific in its content and sent before they can get their brain cells in order, it should flush them out nicely.

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!

IMO, you shouldn't wait until a SD lands on your mat. Fighting pre-court is much easier.

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.

Letter ping-pong is very effective as a pre-court tool and one that I have had great fun with in the past. It's also saved me from having court papers issued for any account.... ever. In other words, you might live to regret waiting around to see if they will "try anything" because it sounds like they will.

I have always used CPUTR (since it came into being anyway) and although it's not used much on here for one reason or another.... to date, no creditor/DCA has messed with a direct request and lied in writing.

Food for thought.....

[still looking]

Re: Morgan Stanley Barclaycard sold to Lowell

yes agree with Priority One on that,

five of my creditors have given straight answers on whether they hold an original copy, the latest being Cabot who state due to the age of the agreement Barclays do not, though Mr Looking at the stars you paid Barclays so you have agreed, heeeeeee, Crabot alway's use that Badger when trying it on.

My reconstructed was not even 10% as good as yours, just a blank load of TC's

So yes, use it and as p1 say's always good to stave off court proceedings, if your letting them know Rockwell is not going to be pushed around they will be very jumpy at going in front of DJ

[still looking]

Re: Morgan Stanley Barclaycard sold to Lowell

Hopefully flower power they keep going as in the old song ( south of the border ) Mind you they just generate the usual waffle even after a Niddy special, Cabots mantra at the moment is ( well you paid the original OC so its an acknowledgement pay up ) !!!!!!!!!!!!!!!!!! they have that one perched on UE agreements. Mine is, you are quick at quoting the law and using the Law now abide by the Law, yes you can ASK me to pay, but guess what, produce your correct documentation please.. Not my fault if those grubby greedy Bankers thought they were above the law.

[rockwell]

Re: Morgan Stanley Barclaycard sold to Lowell

CPUTR may not force their hand in the way that you mean.... but it should force it in the sense that they cannot mislead you..... This means that if your request is specific in its content and sent before they can get their brain cells in order, it should flush them out nicely.



IMO, you shouldn't wait until a SD lands on your mat. Fighting pre-court is much easier.



Letter ping-pong is very effective as a pre-court tool and one that I have had great fun with in the past. It's also saved me from having court papers issued for any account.... ever. In other words, you might live to regret waiting around to see if they will "try anything" because it sounds like they will.

I have always used CPUTR (since it came into being anyway) and although it's not used much on here for one reason or another.... to date, no creditor/DCA has messed with a direct request and lied in writing.

Food for thought.....

Hi PI, thank you, I value your comments and advice. I had considered sending the "sold in dispute" letter but may hit them full on with a CPUTR letter instead.