We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Lowell/Bryan Carter solicitors - help please!
jade4939
Posts: 21 Forumite
Hi,
I had a credit card whilst at university which I defaulted on. I subsequently ignored any correspondence from Barclaycard and have ever since which I know isn't very responsible. It was assigned to Lowell and now it has been assigned to Bryan Carter solicitors who are threatening legal action.
I sent them the prove it letter, hoping they would give me dates that would show it was statute barred. This credit is not on my credit report anymore which led me to believe it would be statute barred.
The letter they have sent back said I was sent a default notice on the 1st September 2003 and because I didn't respond the account fell into default on the 6th February 2009. These dates seem odd to me?! Why would it take so long? And if that was the case, wouldn't it still be on my credit report? They then go onto say that the last payment I made was on the 28th April 2008. This definitely isn't the case because I wasn't in the country at this time. Do they have a habit of just making dates up to get you to pay up?
I know someone may give me a lecture and say I should just pay the full amount but I am looking for some helpful advice please.
Should I send another prove it letter to Lowell? Bryan Carter suggest to contact Lowell if I want further documentation and they want me to "confirm my position" and have put my account on hold until the 5th November.
Any suggestions or insight would be great.
Sorry for the long post and thanks in advance for any help.
I had a credit card whilst at university which I defaulted on. I subsequently ignored any correspondence from Barclaycard and have ever since which I know isn't very responsible. It was assigned to Lowell and now it has been assigned to Bryan Carter solicitors who are threatening legal action.
I sent them the prove it letter, hoping they would give me dates that would show it was statute barred. This credit is not on my credit report anymore which led me to believe it would be statute barred.
The letter they have sent back said I was sent a default notice on the 1st September 2003 and because I didn't respond the account fell into default on the 6th February 2009. These dates seem odd to me?! Why would it take so long? And if that was the case, wouldn't it still be on my credit report? They then go onto say that the last payment I made was on the 28th April 2008. This definitely isn't the case because I wasn't in the country at this time. Do they have a habit of just making dates up to get you to pay up?
I know someone may give me a lecture and say I should just pay the full amount but I am looking for some helpful advice please.
Should I send another prove it letter to Lowell? Bryan Carter suggest to contact Lowell if I want further documentation and they want me to "confirm my position" and have put my account on hold until the 5th November.
Any suggestions or insight would be great.
Sorry for the long post and thanks in advance for any help.
0
Comments
-
Yes, DCA`s have terrible habits, one of which is to make statute barred debts look like there not, statute barred. You need to request statements from whoever is writing to you to verify when the last payment was, and if the date is incorrect, write back telling them so, with your evidence, and then tell them the debt is statute barred and to eff off !! in a nutshell, the account would be defaulted a long time before the date they say it was.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
-
If you haven't paid in 6 years or acknowledged in writing, it's statute barred. Send them the SB letter. It's up to them to prove it isn't.:beer:0
-
And keep an eye on your credit file, these idiots are known to make up more recent default dates.
Defaults are supposed to be issued within 6 months of stopping paying. They are talking cr*p:beer:0 -
Thank you both for your help.
0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.1K Banking & Borrowing
- 254.3K Reduce Debt & Boost Income
- 455.3K Spending & Discounts
- 247.1K Work, Benefits & Business
- 603.7K Mortgages, Homes & Bills
- 178.3K Life & Family
- 261.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.7K Read-Only Boards
