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Thread: Hopgood Vs Lowell Portfolio

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  1. #26
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    Default Re: Hopgood Vs Lowell Portfolio

    I am just about the enter my defence when I realised that given my "debt" on my credit file is due to come off on the 30th June, if once entering my defence the court makes a date for it to be heard or does not make a ruling until after this time (30th June 2017) what happens? Does the debt come off my credit file still or will it begin again?

  2. #27
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    Default Re: Hopgood Vs Lowell Portfolio

    In general terms, the alleged debt remains on the CRA database for 6 years, after which it will drop off.
    However, if the court claim was issued within 6 years (Eng/Wales) of the cause of action, it will not be statute-barred (the court case 'pauses' the SB clock), so there is a potential of a CCJ.
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  3. #28
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    Default Re: Hopgood Vs Lowell Portfolio

    Hiya,

    The debt is currently on your credit file as a defaulted account I assume?

    Once an account has been defaulted (ie terminated) for 6 years then it should be removed from the Credit Reference Agency system.

    Any CCJ will generate a new entry on the credit report, unless paid in full within 28 days of judgement. This will remain on the credit file for a further 6 years from date of judgement, unless settled in full within 28 days as described.

    Hope this is helps, and if inaccurate I'm sure others will correct me! :-)

  4. #29
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    Default Re: Hopgood Vs Lowell Portfolio

    Just filed my Defence:

    I was contacted by Lowell via a court letter from the Northamptoncourt for a debt which will continue to be on my credit file foranother month (June 2017). It is for a debt that I contested withBT many, many years ago. The letter arrived on the 21st April2017.I tried out an offer with BT on their internet and phone packagebut they could never get my internet to work properly sending out engineer after engineer. Eventually I cancelled the trial (as pertheir terms and conditions)and went back to Sky. They then a fewyears later, contacted me with a bill for £300. When I contactedthem to contest this, I discovered it was for the amount thatwould of accrued should I have continued on with them after thetrial had ended which amounted to the cost of the fullsubscription. I argued with them and they eventually agreed thatthey were in the wrong and that was at the time the last I heardfrom them. Sometime later a debt collection agency contacted mefor the same alleged debt which as far as I knew I had sorted out.at the time I did not have access, as I do now, to my credit file(s), BT had gone ahead and defaulted me, then sent it to adebt collection agency. I was not aware of any of this (thedefault etc) until it was too late and placed on my record for 6years.When the debt collection agency contacted me I explained why I wascontesting BT's alleged debt, I provided proof, they contacted BTand they then just stopped contacting me all together. A fewmonths (roughly) later I was contacted by a brand new debtcollection agency, it seems that they had purchased the alleged BTdebt so I again had to explain, again they stopped after that. Ayear later the same thing happened with another company and it hashappened a few more times since. Now it it Lowell's turn.

    I wrote to Lowell once I received the court letter placing aRequest for Documents Mentioned In A Statement of this Case underCPR31.14 after receiving some legal advice. Lowell has been unableto provide me with these documents and when they wrote back to methey stated that they were placing my account on hold until theywere able to verify the debt. this is something I would havethought they would have done before sending it to the court.Unable to provide me with proof of the alleged debt I thencontacted BT who have also been unable to provide me with the sameagreement. As this important document which is the basis for thisentire case and proof of any alleged debt, unable to be producedby any party I am requesting that this case be dismissed as thereis no longer any basis for it. Lowell themselves are surely unableto prosecute a debt on an account they have on hold as they cannotverify it even exists?I have proclaimed from the beginning that this alleged debt doesnot exist and have suffered with a black mark on my credit filefor 5 years and 11 months, at the final month with the debt comingoff my file on the 30th June 2017 I find it highly suspect thatthis imagined debt has suddenly appeared again.

    Should the court require any further information from myself I ammore than happy to provide it.

    I am now wondering if I should have added more or less or I'm not sure........ If the court set a date and that date is longer than the date it would have stayed on my file (30th June 2017) what happens to it? Does the court case become pointless, does the debt start over?

  5. #30
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    Default Re: Hopgood Vs Lowell Portfolio

    The SB 6 year limit clock stops ticking on the date a claim is issued, either by a local court or Northampton. It is irrelevant when the eventual court hearing is (if any). The current entry on your credit file will still fall off after 6 years, but may well be replaced by a CCJ entry for a further 6 years if you don't handle this claim correctly.

    Have you actually submitted the previous post as a defence? I think some input from either @diana_m or @Amethyst may be helpful before you do if you haven't done so already?

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