Brayan carter help!!

[unclebulgaria67]

Yes it is. I am so relived,,, hope that this is the end of lowells years of harrasment, the help from everyone on here was invaluable , I was a quivering wreck at he start and had some very low days but it has been worth it..

 

Were there any issues that you did not have time to look into. PPI, charges, date of last payment ? If the SD was only set aside due to lack of default notice and non compliance with a CCA request, perhaps it may be worth sending a subject access request to original creditors, if not already done so. I am just thinking that it might be wise to be pro-active in obtaining any information and pursuing anything you can. At some point, if the debt is not statute barred, I would think that Lowells might be back again.

[janet37]

I wrote a letter to the court in my defense as I w as unable to attend due to ill health, I listed in bullet points the history of the debt, I also said I believed the debt to be statute barred, eean though lowells said i had made a payment (I am 99% sure I never did,) In the letter that came from the court , it said the judge read my letter and on that evidence the SD is set aside,

[unclebulgaria67]

I wrote a letter to the court in my defense as I w as unable to attend due to ill health, I listed in bullet points the history of the debt, I also said I believed the debt to be statute barred, eean though lowells said i had made a payment (I am 99% sure I never did,) In the letter that came from the court , it said the judge read my letter and on that evidence the SD is set aside,

 

It is tempting to sit back and enjoy the peace. But if there is any slight chance of Lowell coming back again, it might be worth sending an SAR to original creditors. If you have never paid any DCA, then the last payment will have been made to original creditors. Makes sense therefore to send the SAR asking for copies of all statements and any documents you want to see.

[42man]

What you must do now without fail is report them to the OFT

[janet37]

What you must do now without fail is report them to the OFT

 

I will do I am unsure how to do this, is there a letter on this site that I could use?

[AndyOrch]

I will do I am unsure how to do this, is there a letter on this site that I could use?

 

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/competition-act-1998/complaints#.UYApR6K-ksc

[janet37]

Thank you will get this done and that shower will in the end get what they deserve!!!!

[janet37]

I have had a letter from BW Leagal with a copy of set aside court order I would asssume that that this is the end of the matter, Lowells still have a default registered on my credit file with equifax but it is due to drop off in a couple of months. I have reported the matter to OFT.

[42man]

This should be the end of the matter, but keep us posted please.

[janet37]

can I be moved to the successful thread please not sure if I do it or admin? thank you!I know from personal experience that people get a boost to read somgood news. wh

[AndyOrch]

Thread moved to Success Forum.

 

Well done Janet:wink:

 

Regards

 

Andy

[citizenB]

Well done Janet, excellent news

[janet37]

Any advice would be good as I am not sure weather to ignore the letter

or if I am going to have to go to court again for the same debt

 

it seems LLowel have passed debt to fredricksons after it was set aside in court.

 

It was set asided as staute barred and other reasons( illegal charges and the debt being in dispute).

 

I have notice of the debt being set aside from the court.

[silverfox1961]

Hi

Can you clarify this for me.

 

Lowell got a CCJ by whatever reason you did not defend.

You had the CCJ set aside as in your opinion it was Statute Barred

Freds are now chasing.

[janet37]

Hi it was a statutory Demand issued by Lowell not A CCJ . and yes it was set aside by a judge in county court. and now freds are chasing.

[silverfox1961]

That's better. I was confused (doesn't take much)

 

So no CCJ just an SD that was set aside.

 

As the judge set it aside on the grounds of Statute barred I would ignore Freds (same building as Lowell) and complain direct to Lowell for passing on a debt they knew to be SB

[42man]

I would be dropping en email to the OFT too explaining exactly what has happened.

[janet37]

Had a letter from this shower to say that on behalf of their client Lowell

they have issued litigation proceedings in the county court,

which I received with the same letter.

 

This debt was set aside in court last year with help from people on this site,

 

Can they continue to harass me like this,

 

should I just ignore not sure what to do any advice would be gratefully accepted

 

thank you.

[ericsbrother]

you need to report them to the FCA but start off with a complaint to Lowells themselves. You dont say why the debt was set aside so further explanation will be needed to get best advice on how to proceed battling this.

[janet37]

Hi thanks for reply it was a credit card debt set aside because it was statue barred. I am not sure if they can force me to court again? It made me so ill last time with worry, but people on this site really helped me to deal with it,

[BRIGADIER2JCS]

Nothing to stop them reissuing a claim after a previous judgement was set aside because e.g., judgement by default has been made.

 

 

A claim set aside does not mean the problem debt has gone away, usually one would then compile a defence ready for a new hearing.

 

Who applied for the set aside?

If you did what were the grounds for this?

[janet37]

I applied for it on the grounds that the debt was over six years old and was in dispute over illegal charges applied to the account, lowells issued statutory demand and I had it set aside in court.

[BRIGADIER2JCS]

Ok so it was an SD that was set aside not a court judgement.

What did the judge say when setting this SD aside?

 

 

The six year period, did you claim the debt was statute barred when the SD was issued?

 

 

Had there been 6 clear years without any payments or unequivocal written acknowledgments of the debt.

 

 

What are the particulars of the claim on the new claim you have received.? Is Lowell still name as claimant.

[janet37]

Hi thanks for your quick reply! Yes claimed the debt was statue barred when set aside was issued Yes there has been well over 6 clear years without any payments or acknowledgments of the debt.

And Lowell is still the claimant.

[ims21]

Hi

 

I have merged two threads and moved you to the legal forum.

 

What is the date of issue on the claim form please?

 

Statute barred will be an absolute defence.

 

Even if you have had an SD set aside before you must still go through the process to dispose of this claim.