Lowell to Advantis Default 6 year mark

[reverof]

Hi all

 

Have a default from my bad years due to drop off on the 29th yesterday, still isnt showing as gone off credit file but i assume Experian take around 2-3 days after and Equifax 1 month?

 

Got a letter from Advantis saying their client Lowell passed the debt onto them and they will commence proceedings, send bailiffs etc etc in 7 days time

 

I have the statute barred letter ready as definatly not acknowledged or paid aything in 6/7 years

 

 

Of course I wont sign this letter and I'll send it recorded post and keep copy and tracking, but can they still push for CCJ ?

 

I guess im just concerned what if they still carry on pursuing me for this is there a follow up letter after statute barred letter or once i send them that I should just leave it and if there is a CCJ or further default put on then I can win easily?

 

Thankyou for any help , been reading forum for ages and i know there are a lot of good people on here and really helps reading the forums and learning never to get into this situation again.

[dx100uk]

it doesn't say they will

 

read it properly

 

the default date on your cra file has little ref to the SB date

 

that will typically be BEFORE the default date by at least 1 month

 

look on noddle under the payments history or the bal history

 

that should give you the actual SB date

 

dx

 

dx

[reverof]

it doesn't say they will

 

read it properly

 

the default date on your cra file has little ref to the SB date

 

that will typically be BEFORE the default date by at least 1 month

 

look on noddle under the payments history or the bal history

 

that should give you the actual SB date

 

dx

 

dx

 

 

Im not sure what you mean about read it properly - their letter clearly says 7 days or may take further action against you. including recommending client further actions to apply for CCJ to recover outstanding debt ... (and it goes on about other means too )

 

Also Never thought of using that site is it safe?

 

There is me paying all this money for Experian and Equifax monthly to keep on top of things - going to check Noddle out as the CRA reports don't have last payment etc

 

I'm sure its well over 6 years

 

Thnakyou for the amazingly fast reply!

[dx100uk]

what i said , it says 'may' , 'recommending' ...... does not say WILL.,

 

noddle is call credit, so is safe

used it for years.

dx

[reverof]

Yeah thanks for that signed up and good in a way but the default's not on there

 

They must be quicker than the others at removing it

 

What do i do now for the SB date? Its got to be over 6 years now or it wouldn't have dropped off right?

 

Also a bit of a shock there's a CCJ for £300 on there in my brothers address Ive never lived at ! We have same initials and i bet they just put it on at his address even though Ive never lived there

 

Do i have good chance at having this set aside - i mean CCJ over £300 due to come off in couple years!

 

I would have begged and borrowed if i had known.

[dx100uk]

you need to either phone the court

or look at www.trustonline.org.uk

 

if the ccj is not in your name

 

it needs to be removed from your cra file!

 

dx

[BRIGADIER2JCS]

The default date can be often 5-6 months after the cause of action, ie, the date when a payment was due and not made and after which no further payment was ever made, so this debt could already be SB> the statement in the letter ''start proccedings, send bailiffs within 7 days'' is in fact meaningless the time scale is as follows:

 

Creditor/DCA issues a claim through the court system, you have a period of time to acknowledge the claim and enter a defence, should the claim continue after all the necessary stages have been met a hearing will be scheduled, if you loose the case and the judge makes an order which you then fail on at this point the creditor could see a warrent of execution if granted pass it to bailiffs to act on.

A LOT LONGER THAN 7 DAYS!!

[reverof]

The default date can be often 5-6 months after the cause of action, ie, the date when a payment was due and not made and after which no further payment was ever made, so this debt could already be SB> the statement in the letter ''start proccedings, send bailiffs within 7 days'' is in fact meaningless the time scale is as follows:

 

Creditor/DCA issues a claim through the court system, you have a period of time to acknowledge the claim and enter a defence, should the claim continue after all the necessary stages have been met a hearing will be scheduled, if you loose the case and the judge makes an order which you then fail on at this point the creditor could see a warrent of execution if granted pass it to bailiffs to act on.

A LOT LONGER THAN 7 DAYS!!

 

Thankyou both for your replies

 

I see , having looked at it again I can see how they keep referring to Lowell , as in "we could instruct Lowell" to do x and y so they are literally chasing up for Lowell even though Lowell are themselves a DCA !

 

The default has fallen off my CRA files for both Noodle and Experian - should I send them a statute barred letter now and put some sort of line in there about no more contact and to delete all my data they hold?

 

Also once sent can/will they push for CCJ or do they know full well they cant as its SB?

 

Finally is there anyway to donate to this site as ive been reading it for years and would like to give back one day

[reverof]

you need to either phone the court

or look at www.trustonline.org.uk

 

if the ccj is not in your name

 

it needs to be removed from your cra file!

 

dx

 

 

Just to confirm the Aktiv Kapital CCJ is in my name but says my brothers address on CRA files , CCJ date is 2008 and I have never lived at my brothers or applied for credit there etc In fact ive just asked him and he only moved in there in 2007 !

 

If I apply to have it setaside in order to pay the debt - would this have high chance of being accepted?

If its not accepted does it reset the 6 years on the CJ so it comes off in another 6 years time or is it only for 2 years more?

Edited October 30, 2012 by reverof

[dx100uk]

if the claim forms etc were sent to the wrong addreess

 

then its a no brainer. set aside

that will put the debt back to the date before claim.

 

as for donating

it s at the bottom of every page on the right

dx

[reverof]

if the claim forms etc were sent to the wrong addreess

 

then its a no brainer. set aside

that will put the debt back to the date before claim.

 

as for donating

it s at the bottom of every page on the right

dx

 

Great thanks - ill get that N form requested/filled in and send it off

 

Would something like this be suffice to put in it:

 

CCJ was applied at brothers address that I have never lived at or applied for credit at , in fact he himself only moved in around 1 year before the alleged CCJ was granted.

 

I would have paid this off had I known and had received any notice to defend myself in court against this CCJ

 

By the way reason i didn't know about this CJ is it doesn't show on one of the CRA report I use , only found it by looking at another

 

Finally if i was to fail in getting it setaside or if i satisfy it, does it reset the 6 years or will it still fall off at same date in couple years time ?

 

Will check out donating now for this excellent site.

[BRIGADIER2JCS]

Thankyou both for your replies

 

I see , having looked at it again I can see how they keep referring to Lowell , as in "we could instruct Lowell" to do x and y so they are literally chasing up for Lowell even though Lowell are themselves a DCA !

 

The default has fallen off my CRA files for both Noodle and Experian - should I send them a statute barred letter now and put some sort of line in there about no more contact and to delete all my data they hold?

 

Also once sent can/will they push for CCJ or do they know full well they cant as its SB?Hi

 

I will PM you a letter formatted for your particular case just a little later.

[reverof]

Thankyou both for your replies

 

I see , having looked at it again I can see how they keep referring to Lowell , as in "we could instruct Lowell" to do x and y so they are literally chasing up for Lowell even though Lowell are themselves a DCA !

 

The default has fallen off my CRA files for both Noodle and Experian - should I send them a statute barred letter now and put some sort of line in there about no more contact and to delete all my data they hold?

 

Also once sent can/will they push for CCJ or do they know full well they cant as its SB?Hi

 

I will PM you a letter formatted for your particular case just a little later.

 

Thankyou so so much ill pm you what i have so far

[BRIGADIER2JCS]

 

Thankyou so so much ill pm you what i have so far

Ok I'll start on it as soon as I get the info.

[reverof]

Thankyou so much for the help going ot send statute barred letter today and will update here with response etc

 

I am so nervous but here goes !

[reverof]

Been meaning to update post etc when i heard back from Advantis Credit (on behalf of Lowell) however haven't head anything , no letter etc but had a alert on credit reports and logged in to see search on my credit file ( removed exact date for privacy ) :

Searched on: (NOV)/2012

 

 

 

Searched by: LOWELL PORTFOLIO 1 LTD

 

 

 

Application type:UNRECORDED ENQUIRY

 

 

 

 

I have no idea why they are searching my file - please could anyone advise on what you think is happening and also are they allowed to do this?

 

I will of course keep this updated as things happen so others in same situation get a idea of process etc.

[BRIGADIER2JCS]

H1i rev, UR searches have no impact usually ID searches, but it's hard to tell with Lowell at the moment.

[TracyS72]

I've had similiar issues with Lowell (and the various associated bottom feeding companies), it has now gone to Advantis.Advantis btw, are rather sneaky, they are using a number that makes it look like a mobile calling. I had a call from them today (07814 041968) telling me I owed £500+ (it originally was £79)This relates to a phone I had from "3" and sent back. Hutchinson 3G did not pick it up from the sorting office, and after some time of me trying to trace it, I tracked it down and resent it.They have been chasing for a considerable amount of time, after the first 4 years of sending evidence proving I had sent it back AND the sim had never been activated, it just kept getting passed along the chain until it reached the worse types.Advantis advised me they were recording the call. I advised them I also was I told them I did not owe it, they came back with "we'll put you are refusing to pay" I reinterated there was nothing to pay, so I could hardly be refusing. They asked for evidence, I recounted I had sent evidence for the last 4 years, it was not upto them to gain the evidence from the company that passed the details, and to correspond with me in writing in future.I've had the same letters sent for at least the last 6 months from them, all saying the same. I challenged to take me to court if they felt they could prove that I owed this money and if they were very sure they were not breaching their DCA requirements. They of course came back with "well we are considering it" to which I replied that I felt that was excellent and looked forward to the Judge making a decision once and for all, and hoped they enjoyed a day out at court with no postive outcome for them.They know they don't have a leg to stand on, they rely on the fact that they think people don't understand they have rights. For me, CAG has been an absolute diamond mine of information to help me with these DCA's.TracyS

Edited December 21, 2012 by TracyS72