unlucky. what court was it? craigavon? i feel for you, i hope it isnt too much per month.

My sister is prepared to retain it in the executors account as she maintains no one can force me to accept my inheritance.

if it were me, i would do this. the guvment have bigger fish to fry than you. just plead ignorance and have a happy life.

What was the outcome?

congratulations! you took them on and won.

As I predicted Lowells offered to settle this prior to the hearing,

removing the Default and paying my legal costs (Court fee only as I issued in the Small Claims Court).

 

 

This was the best possible scenario for them,

there was no upside at all for them to consider defending my claim,

even if they won they would have incurred legal costs of way more than the settlement sum,

and a significant downside of up to £3,000 if they lost. VICTORY!

 

 

 

The dispute dates back to before 2009, the original amount claimed by the creditor was statue-barred but the fact that there was a "live" default on my credit file made that element actionable.

Well done to you.

WELL DONE EVRYONE AT CAG.

glad to see you are all still here and helping people.

latest on this is it has been formally moved to lowel.

i got a letter recently which had a halifax letter and a lowel letter in the same envelope stating this.

i have done nothing with this, i just file the yearly statements i got on this from halifax.

i have the SAR still and have listed all the charges fro overdraft, which total approx £1000.

Will i just wait and see if lowel do next?

a few of my defaulted accounts are now with lowel. probobly worth about £4000 total now.

thanks.

the point is that they will need to hire a northern irish solicitor.

So he is saying its worth a punt of £100. It would at least cost them more than this. He already has the default. he has little to lose. I admire OP for this.

How much is the disputed debt?

 

In order for you to win your claim, it is at least necessary for you to show that the underlying agreement is not enforceable. As you are effectively disputing the whole debt, then if the debt is more than 3k it seems to me that the amount in dispute would be more than 3k (regardless of how much you are claiming in damages) in which case you can't be sure of ending up in small claims.

received a reply today, just an automated reply, asking for over £1000 now.

I will await an actual response from a human, then escalate to ICO.

Thank you for this.

I would much appreciate that thank you.

YEAH im not sure as i do not have the letter to hand. But either way its long dead. The fact that i have the letter is cast iron proof that this is SB would you agree?

How long do you have to go before the account is statute barred ?

2017 until SB. :-/

default on file is dated 2011. and was stated with the original creditor at some time.

so i SAR the Original creditor, and they say that the account was closed in 2004.

catalogue.

I have queried this through equifax so far and have avoided lowells.

the account is on my credit file. it was marked as lowell.

i queried the account through equifax. equifax came back and said to contact lowell directly and that it was from Original creditor

I sent a SAR to Original creditor.

they replied with a letter stating that they had no info as the account closed in 2002.

I sent this letter to equifax, as proof that the information was not correct on my file.

equifax replied stating that lowels had said it was correct and to contact them.

i have not done this.

should i now contact lowels?

or leave it?

no one is pursing this at the moment.

Thanks for pointing me at this thread.

 

Any claim against a debtor resident in NI would have to be brought in the NI courts. DCAs are much less likely to go to court in NI than they do on the mainland. This is not just because the usual suspects like Carter and Restons can't act in NI - they just use a NI based solicitor - but mostly because there is no bulk issuing centre and the NI courts are much stricter on them producing the documentation their claims rely on when the claim is issued. As we all know they rarely have this, preferring to rely on people being intimidated by a court claim and their solicitors' tactics to get easy wins.

 

There are a couple of DCAs in NI, one being Scotcall in disguise, another a massive two-person operation run from a grubby office above a hairdressers on the Newtownards Road, who sometimes act for mainland DCAs. All they do is send out letters, though.

thanks for the reply Scarletpimpernel.

I had thought this before, and am very pleased to hear this.

I belive that lowel have no paperwork, and the OC refused my SAR stating that the account was closed in 2002.

I didnt get my tenner back though.

Knowing that they are unlikely to succeed with any court action, should I challenge Lowell about this.

It is on my credit file.

Thanks a lot.

R.

Hi thanks for looking in and commenting silverfox1961.

the problem is it is on my credit file.

which to be honest doesnt bother me at the moment.

it would be nice to have it off,

but i am wary of contacting them at the minute as i have not been contacted by lowels.

It shows on my credit file as owned by lowels.

Why would they 'own' this debt and not pursue?

Regarding regs, i am not disputing the legal side of things will be similar.

What i was saying is that solicitors need to be registered to practice in N.I.

any solicitor without a certificate can be fined and held in contempt of court.

Lowels solicitors and many of the DCA solicitors do not feature.

IF i was ever taken to court about this would it be my local court here in N.I?

(i.e. not Northampton bulk centre) as we have different laws to mainland UK?

I am sure they cannot enforce any debt anyway, but it remains on my credit file.

That would be my only intrest in contacting them.

I very well could be wrong on the solicitor thing, which is why i am asking does anybody know?

hi,

I have an old account currently with loweel.

I have disputed this through the CRA's (equifax) as statute barred.

I even sent a letter from the original creditor which stated the account was from 2002,

after i sent them a S.A.R and they came back with nothing.

I have not contacted lowell as i do not want to acknowledge any debt and reset any SB clock.

I am in Northern Ireland currently.

I have google searched lowlels in northern ireland and come back with nothing.

We have a different legal system in NI, and only NI solicitors can legally operate in northern Ireland.

Have Lowel ever used the NI courts does anybody know?

Should i risk challenging them , and risk resttting the SB clock?

Or leave it as no one is chasing me currently?

Thanks.

Hi CAG,

I recently sent a SAR request to Lloyds, I quoted a black horse account number on the SAR .

Lloyds have stated that they have no info on me. They state that they note I have given a black horse reference number and have given me the black horse address.

I thought that Lloyds owned black horse, and therefore would have the info?

I also have an old Ulster bank account. Lloyds own Ulster bank also.

So i hoped to get both sets of info from Lloyds.

Is this correct?

Should I just do as they say and send another Sar request to Black horse?

Thanks.

WELL DONE!

I love seeing updated, successful threads like this. 77The companies think that we are small and wont do anything back.

so glad to see you win.

Thank you.

So next I will send a complaint with relation to bcobs, stating that I intend to claim via small claims court for the charges plus interest? Is this what people would advise?

That's great. Are they sending letters to everyone? Anybody else get one of these?

Ok I have looked through the sar again and I can find no reference to the overdraft interest rate. Does anybody know what they typically charge for a current account overdraft?

Must be a mistake I'll check the sar to see.

charges inputted to spreadsheet.

What route could i take next?

as i say nobody is chasi9ng me for this now. previously moorcraft were. I get a yearly statement now.

But it will have to be faced eventually.

Did they ever 'terminate' the agreement? Do you have a letter stating this?