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kadie71

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  1. I have done things the wrong way round then - however this is what lowells replied to the statute barred letter " your account is not legally unenforcable onder the lim act 1980 on the basis that a default notice was served to you by barclaycard on 27th june 2008." I didnt get a default notice from barclaycard tho, I think this date is the date of purchase. the letter goes on to say sec 5 of the act goes on to say that following the date when a cause of action arose for payment of the debt any creditor has a period of 6 years to enforce such a right. the date of the default notice is when the debt in this matter became due for payment in full & the period in which we (lowells) has to enforce their right to payment in absence of any payments or written acknowledgements being made by you in between this date.
  2. sorry for my ignorance but what is a cca request? also if it was already statute barred can they still try to enforce it?
  3. hello I am in the same boat with lowells - the latest is that I asked them for a sar - they replied as follows " we would like to clarify that the data you will be provided with will only relate to the original account purchase details & the subsequent info held by our company from our dealings with you." they go on to say "it will not include information held on the account by barclaycard prior to the sale of the account" they then say i should pay another fee to barclaycard. Should i do this next? lowells say i defaulted in june 2008 - but i think more like thats when they bought it. I thought when they bought debts they then should be able provide u with all the details of the account. they are driving me up the wall but I dont want to pay a debt thats statute barred & now they are threatening ccj.
  4. also lowells are now threatening via reds to take out a ccj - so ignoring them isn't going to help.
  5. I know I shouldnt have buried my head, however had never heard of phoenix recoveries before & googling them just brings up pages of forums with people having the same trouble as me. I have had a lot of dca contacting me for really old debts, so thought they were like lowells & mackenzie hall just chancing it. I cant find a website for byran carter or pheonix recoveries only complaints about them - so where do i go from here? I can't scan anything I 'm afraid, it says on the judgement the debt is for goods and services provided by phoenix recoveries.
  6. byran carter solictors who have just landed me with a ccj (for phoenix recoveries) - they want £50 a month which I absolutely cannot afford. I didnt respond to the court papers but can i still and explain my financial circumstances? the 1st payment is due next week:sad:. I am terrified they will send bailiffs.
  7. I have just had a ccj issued from byran carter solicitors, its for phoenix recoveries of whom I have never heard - it says though I have had goods from them. I cant see how I could have received goods from a recovery agency! anyway the ccj has gone ahead & they are demanding £50 a month. I ignored all the letters from bryan carter & the court papers that came originally. Probably not the best idea I know, but what do I do now? Is it too late to write to the court and tell them I do not acknowledge the debt? I really don't want court bailiffs turning up in a few weeks, which is what the court letter says might happen. any help will be appreciated.
  8. thanks as its lowells I am going to see what the response is first - just been chatting to another poster about the exact same problem - so will be interesting to see what they are playing at!
  9. I will do - am certain mine is statute barred - I can't be sure of the exact date but my partner died in 2005 & I know I didnt have the card then or the year previous -I moved in 2008 so am quite aware of my circumstances for that time. I am looking forward to seeing when they say i last used the card. Although reading the posts a few caggers have said that the late default coincides with the date on letters saying the debt was purchased from barclays also another poster says that when they queried the default date lowells told them it was on the letter from them saying they had purchased the debt.I think they called it a letter of assignment? I have never had a letter like that from them - either way they sound like sharks & they can swim for my money!
  10. jaffiercake - read your post with great interest as I have had the exact same thing with lowells re barclaycard, mine was taken out in 2000 I am almost certain that I defaulted on the card 2003/2004 but lowells are saying june 2008!! I have today sent them statute barred letter and we'll see what the response is. nothing on my credit file either only them & like you they have done random searches. Very odd I think.
  11. I think you should ring the council and ask them for a budget form so they can see how much you can afford each month & ask them to pass this info onto the bailiff. I had to pay bristow & sutor as thats what the council asked me to do but they instructed the bailiff to how much i could afford. any payments you make in the interim will come off the balance. It seems to me that bristow & sutor have to collect the debt over a 6 month period and wont extend this hence the high amounts you are being asked to pay. my council tax bill was for approx £800 altogether - I wanted to pay at £50 per month and made sure my budget form only allowed for this much spare, this was accepted by the council & they contacted the bailiffs. I would ignore the bailiff for the time being & push the council to accept a lower payment as its they that have the power to instruct the bailiffs.The council should get in touch with them about the payment you have made recently- just remeber the letters they send out are templates & generic sent out according to the timescales they have in place - they can be scary but please dont be - you can solve this - i did. My only wish is that councils in general would take lower payments in the first place then they wouldnt have to involve bailiffs & add more fees to what you already can't afford!
  12. thanks postggj, I will print that letter off tomorrow & send recorded - I have not responded to any debt letters - have spent years burying my head in the sand. don't you have to write on all letters - i do not acknowledge any debt to your company.
  13. it doesn't give any dates just the following - in the last 36 months of account activity the number of status 1-2 is 00, and the number of status3+ is 26. so does that mean I only used the account for 36 months? that would seem about right.
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