Bryan carter solictors re lowell finanical servieces

[DELBOYLOLLY]

Hi any help would be welcome,

 

i have a few debts and a few are with lowell but get others to collect

 

i left all my debts at my prevous address, as could not afford them,

wrong i know,

but a few have followed me as i got a few quotes for insurances in past but dont know how they have obtained my new address,

as first i have not fill in voting forms so they cant trace me through that,

 

most debts will expire this year and letters if i have received i have put sender not here, another lie i know,

 

but got one with no return address, a grey letter i iusually check online usually po boxes are debt or have orange lines across enevelope but double check,

 

it was from bryan solictors, and gave deadline 7 days just before christmas, otherwise they take me to court,

i read so where that it is last date when made payment or is date of default this was 04/2007 so should be off this time.

 

i cant see if they do take me to court why they have left it to last minute,

or do they have no chance,

 

any help like i said will help do i jsut say never recieved any letters,

 

and would court then see rest on my credit file as they are all of this year last one in june.

 

lastly i have a judgement from northampton court 10/2007 could this come to light if bryan carter take me to court

as read it is same court they use if thats true,

but you see a lot on web and dont know what to take in also when does a judgement go off heard it 7 years not 6 like a default.

 

 

anyway hope anybody can help me and what to do if worse happens thanks

[Quality Bird]

Do you know if you have made any payments / acknowledgment to the BC Debt since 04/2007 the Defaults are usualy added around 6 months after the first missed payment / cause of action. The SB date is 6 years from the first missed payment, if you are certain that no payments have been made since December 06, this should be SB'd.

 

Do you know if the debt that BC are chasing is for the same debt as the CCJ?

 

The CCJ will fall off your credit file after 6 years not 7, (I have just had one fall off my file), CCJ's are enforcable after the 6 years but the claimant will have to go back to court in order to re-enforce the order.

 

It may be worth CCA'ing BC for the debt that they are currently chasing, just to find out what they have on you and to check if it is enforcible, it may be that they don't have agreements etc, due to the age of the debt.

 

Hope this helps

 

QB

[DELBOYLOLLY]

Hi many thanks for quick reply

all on my file it says defaulted april 2007

no payments made at all just returned letters,

and now got this one but thrown it but how have they obtained my new address

as they cant search a credit file without my permission can they,

 

just really hope it does not go through as then it goes back to 6 years again back to start.

 

i did open last lot of letters and 3 out are 4 we have been instructred by lowells t

he grey letter one unmarked so no postal address to return so if i do get court action

do i say i have not recieved warning letter,

as anybody seen a warning letter and what's it say. thanks

 

other question is i think something i sold on ebay if i can remember but they never returned the item did not hear of them

i moved due to other debts, but would have paid back this person if they had return the item anyway

 

thanks for all your help but would like to know if bryan carter as ever takien anybody to court as this is a five year plus debt or they trying last tackles thanks again

[Quality Bird]

They can and do search credit files, they started sending me threats after I updated my mobile phone provider with a new address. There are laods of unrecorded searches on my files from DCA scumbags!

 

You are right a CCJ will restart the 6 years, but by the sound of it, it is probably already Stat Barred as the SB Date is from the last missed payment usually 6 months prior to the Default entry. If it is already SB'd they wont be able to obtain a CCJ.

 

I'm not very legally minded, but in my opinion, if they have had enough on you they would have already seeked to obtain a CCJ at your last know address in previous years, I feel that this may be they're last throw at the dice in getting you to pay up on a SB'd debt.

 

Bryan Carter are well known for taking people to court.

 

I'm not to clued up when it comes to Ebay.

 

Hopefully someone more knowledgable will be along soon to help you further.

 

QB

[Quality Bird]

Forgot to add, if you CCA BC, I have read that he is likely to throw his toy's out of the pram and start running for the hills!

Then move onto his next victim.

He'll come back stating that he's requested the docs from original creditor or DCA, then he'll come back saying that docs are not avaliable.

Then he'll write to tell you he's passed the debt back.

I don't think that he can issue proceedings whilst you are waiting for a CCA from him.

If they had enough to get a CCJ they could have done this 5 1/2 years ago.

QB

[DELBOYLOLLY]

many thanks most are off jan, apri and june this year just the judgement end of year if i do recieve court papers could i return them undelived or would that be worst for me, like you said and thanks for all your help and advice they might not do anything they have left it to long thanks again

[Quality Bird]

What you have to remember is the Defaults are added after the first missed payment, usually 6 months but sometimes more, once the debts are SB'd (Usually 6 months prior to Default) they will not be able to issue a CCJ against you.

Do you mean that the Defaults are off in Jan/April and June? If this is the case, the only one that may not be SB'd just yet will be the June one, but it will be very close to being SB'd (probably only weeks away).

Did the BC letter say say May / Might take you to court? Did he offer any discounts?

 

If you do receive Court Papers it would be advisable to post back here for further help, even if you were to send them back they could issue a judgement against you in your absence.

 

QB

[DELBOYLOLLY]

ITS the april one june is a different company and that is still under old address, but one not showing this month and don;t know what as happen to that one that was down as 7th month this year, so that one is a mystery maybe next month it will show, and have you tried noodle its free every month no more paying out, for your credit file, but it does say people have to ask me to view my file and none of the debt companies have done searches on me last 2 years also not on electric roll since i have moved here, wrong again i know.

 

with reference to letter not had one of these before, i do remember it saying on numerous times we have tried to contact you and know you live there and if not heard of you court action cant remember 100% what it said as thrown away like rest wish i kept it now.

 

will keep you posted and keep checking my file from noodle cheers again

[dx100uk]

pers i'd continue to ignore

 

we dont have debtors prisons here

 

and we certainly dont take other debts or CCJ 's into count on non related debts.

 

dx

[Quality Bird]

If the Default is April, ot will most probably already SB from November, on Noddle check to see when the last payment was made. There is a drop down that shows previos years, it's the last payment date that is important.

 

I know that they need your permission to make a credit search on your file, but they can make unrecorded enquiries on your file, My Noddle report doesn't list unrecorded searches but my Equifax one does. I've read on here that the DCA's pay the CRA companies to view our info.

 

I've only just registered on the Electorol Role this month (Naughty Me)!!

 

Most of the letters are just threats which say Might/May etc. Next one you get check the wording.

 

Keep us posted

 

QB

[DELBOYLOLLY]

hi it blank jan to may 2007 then df onwards from june anyway will let you know many thanks for your time and help

[Quality Bird]

Ok, I have similar for one of mine where it's listed twice once in open accounts and also in closed.

Is this listed as the original creditor or the debt purchasing / collection company? Does this account also show in closed accounts under the original creditor?

[DELBOYLOLLY]

Hi no they are all listed once but for payment history jan 2007 to may 2007 then says df on june 2007 so have no idea like you said all accounts i have dates are different to df but it says de-faulted in april 2007, anyway fingers crossed, thanks again all

[DELBOYLOLLY]

Hi always get worried last thing i want just want to get this year over with and all drop off, hate owing but if you cant pay, anyway thanks for help

[BRIGADIER2JCS]

Default dates and statute barred dates are two entirely seperate matters.

Defaults are usually placed within 6 months of the cause of action, which can be assumed to be the date when a payment was due and not made, after which no further payment was ever made.

 

Statute barred = no payment or written acknowledgment of a debt in 6 clear years.

 

All defaults are removed after 6 years paid or not, a statute barred debt will remain on credit files until the default expires.