Lowell and bryan carter

Taytay

Today i have recieved a letter from bryan carter saying they have issued litigation proceedings in the county court. Ive looked on my credit file and the debt they are refering to states its satisfied in the boz where it says how much i owe, what does this mean? Im not very good with things like this but if its showing as satisfied not an owing amount can he actually start these proceedings?
Thanks in advance

matttye

You can't rely on your credit report as it may be incorrectly marked as satisfied. Do you have any paperwork in relation to the debt?

If not, you should ask them for a statement of the account.

Have they actually served court papers on you?

Taytay

I dont have any paperwork for the debt as it was i catalogue account i stupidly took out online when i turned 18, im now 26. Ive not had any court papers just this letter. It says i will recieve the claim form within 48 hours directly from the court.

matttye

You opened the account 8 years ago, but do you have any idea when you last made a payment to it or acknowledged it in writing?

If you haven't paid / acknowledged in writing for 6 years (England/Wales) or 5 years (Scotland), then it's statute barred, which means it's unenforceable in court.

In this case you would defend the claim on the basis that it's statute barred, and it would be up to the catalogue to prove it isn't.

If you get court papers do not ignore them whatever you do! - as the court will make a judgment in default. You must respond to the claim.

spacey2012

They are total chancers, they pick on people in the hope they do not defend a random ccj claim.
Keep this letter very safe as it also proves they know your real address .
Once these papers arrive, come back .

Taytay

My credit report says it was defaulted in 2011 which i cannot 100% say is untrue, i thought it had been longer than that, im not sure if i can view that far back on my bank statements to confirm, so i dont believe it would be statute barred. Is there anything i can do with regards to it other than waiting for court papers?

matttye

Taytay wrote: »

My credit report says it was defaulted in 2011 which i cannot 100% say is untrue, i thought it had been longer than that, im not sure if i can view that far back on my bank statements to confirm, so i dont believe it would be statute barred. Is there anything i can do with regards to it other than waiting for court papers?

The default date doesn't mean much - it's when you last paid or acknowledged it that matters. Many lenders default people years after they last paid. They shouldn't do this, but many do.

You should check your bank statements and see when you last paid.

Other than that, you could write and make repayment proposals if you don't want it to go to court and hope they accept.

Taytay

Ive just looked through my statements and my last payment would of been made via harrington brooks on the 27 sept 2010 the other issue is the amount theyre asking for as harrington brooks were paying off a couple of debts for me, and i dont want to write to them acknowledging the debt if it is infact like it states on my credit record satisfied.

harveybobbles

Does it ACTUALLY say court papers are on the way or that they MIGHT/COULD be..?

Taytay

It mentions nothing of court papers it says "we have now issued litigation proceedings in the county court. You will recieve the claim form in the next 48 hours direct from the court"

happy_bunny_2

If you mast paid in 2010, then it's not statute barred.

Your best bet on a debt like this is hoping they don't have a CCA.

Did you take it out online?

Fire off a CCA request ASAP. They have 14 days to respond.