Bryan Carter Lowell (not de ja vu)

juanlanesra

Hi, I've just read through the other thread and I believe I'm a stage back in the process - although maybe too late.

I've received a letter today (dated and postmarked 3.2.14) from these parasites stating they have been instructed by Fredrickson International Ltd on behalf of Lowell Financial Limited to issue court proceedings on the 17th Feb.

I don't want to panic but the words court and CCJ have got me ruffled.

I've noticed Lowell on my credit file which is in it's 5th year (default date Sep 2008) and they've got my month of birth incorrect, along with a linked address I've never heard of.

It's marked up as 'account type: communications' and I believe relates to a phone contract.

What are the steps I should be taking, is it too late for a prove it letter?

Thanks in advance

juanlanesra

Also, I'm aware of a relationship I had with a phone company that went sour over an upgrade and led to me stopping paying them - yet this dispute seems as if it is with the DCA.

I know in some instances they are authorised to place a default and presume ownership of the debt. Can the DCA take me to court in this way? I've never contacted etc the DCA in its many guises and company names when they've tried to contact me at my address. 8 months away from it being statute barred :@

ps. Ive also posted this on the CAG

happy_bunny_2

Not too late, send the prove it letter.

It may be closer to statute barred than you think.

Its from the last payment/acknowledgement of the debt in writing, not the default date. defaults are often added up to 6 months after no payments.

Does the date sound about right? DCAs have a habit of changing the date to make it look like its not SB. Do Lowell own it/report to your credit file?

juanlanesra

happy_bunny wrote: »

Not too late, send the prove it letter.

It may be closer to statute barred than you think.

Its from the last payment/acknowledgement of the debt in writing, not the default date. defaults are often added up to 6 months after no payments.

Does the date sound about right? DCAs have a habit of changing the date to make it look like its not SB. Do Lowell own it/report to your credit file?

Thanks for the reply happy bunny, the default on my experian credit report is under Lowell...

What bearing does this have. I've never acknowledged Lowell. Would this make it SB from my last payment date to the phone provider?

fatbelly

juanlanesra wrote: »

What bearing does this have. I've never acknowledged Lowell. Would this make it SB from my last payment date to the phone provider?

I would say yes.

Can you send the prove-it letter today, 1st class, recorded delivery?

happy_bunny_2

Yes, SB from your last payment to whoever owned the account at the time, unless you subsequently acknowledged the debt in writing.

When a debt is sold, they usually make the buyer the data controller. I.e. Responsible for reporting to your credit file.

juanlanesra

Interesting! Top advice people

It now comes down to a game of chicken as it seems I'll receive a claim form imminently - although I can send the prove it, first class recorded today!?

As the last payment was May 2008... Can they be stalled!?

fatbelly

If this debt is what you think it is and you know the last payment was May 2008, then you cannot use a statute barred defence, at least in England/Wales.

It could still be just a threat, or may not be the account you think it is.

juanlanesra

fatbelly wrote: »

If this debt is what you think it is and you know the last payment was May 2008, then you cannot use a statute barred defence, at least in England/Wales.

It could still be just a threat, or may not be the account you think it is.

Sorry Fatbelly, Im lost. Im almost certain Lowell have updated the phone providers default - to which I last paid the phone provider in may 08 - not as part of a debt agreement or anything like that - just as per my contract with them as there was no dispute at that time.

Does this rule out statute barred? And what will actually be the date it can become SB'ed/drop off my file?

I worry that if this gets to court before May Ill have the CCJ for another 6 years.

happy_bunny_2

I think what fatbelly means is that you can't currnetly say its SB.

they have until may to start court proceedings.

if it went to court, and they find in the creditors favour, you have one month to pay to avoid getting the CCJ registered.

Can you afford to pay it in full plus court costs if needed?

HB

fatbelly

juanlanesra wrote: »

Does this rule out statute barred? And what will actually be the date it can become SB'ed/drop off my file?

I worry that if this gets to court before May Ill have the CCJ for another 6 years.

It won't be statute barred until May. So they have until then to start a court claim. And it looks like they are about to do just that.

The creditor entry drops off your file six years after the date of default.

A ccj entry drops off six years after the date of judgement. But as HB says if you pay within one month, it does not get recorded.

But it sounds from your first post that their quality of information is poor. So you need to start trying to drag out from them whatever they have on you.