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I have written about my predicament on a few occasions. BC are chasing a debt on behalf of Lowell. The process started back in April and now is a court stage. The hearing is towards the end of October. I originally wrote a CPR letter (cant remember if that’s the right acronym but it was a request for info, albeit in an old format) and then never understood the follow up action I could have taken!
I stand by that this debt is statute barred but the whole process was started as I noticed two altered file dates on my credit report – it appeared back in January 2014 and I queried the dates with Lowell via my credit report website. I disagreed the default dates purely through knowing my situation during this period – I have no written evidence but the default date would have been in 2007, possibly early 2008 at the latest.
After reading one success story, in which they backed off 15 days prior to the hearing date, I have a few queries. As I have a complaint in process with both Lowell and the financial ombudsman, with regard to the release of contractual info, BC wrote to me months ago to advise the court proceedings were on hold. Obviously, this hasn’t occurred and the most recent letter from them states they put the ‘account’ on hold, rather than court proceedings. I, at least, have all of this in writing. Will it be worth highlighting this in my evidence prep? Can I also add a statement regarding my living situation at the time of a payment accusation made by Lowell/BC (I think more BC than Lowell, to be honest)? I feel they may say they came to my residence and a cash payment was made, as a card payment cant be proved to have been made, I have the evidence for this already.
BC have only ever replied stating the evidence will be presented at court. If they had definite information would they be able to strike the defence out prior to any hearing? So, I guess my question is, does this give me abit of hope? The last communication I had from Lowell was that it was taking ‘sometime’ to get the info from the original creditor in order to deal with my complaint. I have heard nothing since. Could BC be acting independently from Lowell at this stage? So, a last minute attempt to scare me? If they had the evidence and I was guilty then would they still wait for court, or would they be more aggressive in their tactics?
I’m coming up to the 11th hour and don’t want to be bullied into paying when I think the debt is SB but, if I did, am I past the point of avoiding a judgement? I see Lowell are also pursuing more debts that are most certainly SB – notably one from 2006 – if I start to pay I’m worried it will lead to more questionable tactics. I definitely think my credit file has been altered and wonder if this is easy to do, from the debt company’s point of view.
Is there anything else I cant write to BC/Lowell for a final defence? To clarify my situation? I feel very unprepared for court and understand I need to keep it short and to the point.
Any pointers would be very confidence boosting! Everyone is always very sure with their responses here but it’s a tricky situation – I am terrified at the thought of going to court and, not only losing, but not being able to get my point across (terrible at public speaking). Last minute ammo is greatly appreciated! I'm very stressed.
I stand by that this debt is statute barred but the whole process was started as I noticed two altered file dates on my credit report – it appeared back in January 2014 and I queried the dates with Lowell via my credit report website. I disagreed the default dates purely through knowing my situation during this period – I have no written evidence but the default date would have been in 2007, possibly early 2008 at the latest.
After reading one success story, in which they backed off 15 days prior to the hearing date, I have a few queries. As I have a complaint in process with both Lowell and the financial ombudsman, with regard to the release of contractual info, BC wrote to me months ago to advise the court proceedings were on hold. Obviously, this hasn’t occurred and the most recent letter from them states they put the ‘account’ on hold, rather than court proceedings. I, at least, have all of this in writing. Will it be worth highlighting this in my evidence prep? Can I also add a statement regarding my living situation at the time of a payment accusation made by Lowell/BC (I think more BC than Lowell, to be honest)? I feel they may say they came to my residence and a cash payment was made, as a card payment cant be proved to have been made, I have the evidence for this already.
BC have only ever replied stating the evidence will be presented at court. If they had definite information would they be able to strike the defence out prior to any hearing? So, I guess my question is, does this give me abit of hope? The last communication I had from Lowell was that it was taking ‘sometime’ to get the info from the original creditor in order to deal with my complaint. I have heard nothing since. Could BC be acting independently from Lowell at this stage? So, a last minute attempt to scare me? If they had the evidence and I was guilty then would they still wait for court, or would they be more aggressive in their tactics?
I’m coming up to the 11th hour and don’t want to be bullied into paying when I think the debt is SB but, if I did, am I past the point of avoiding a judgement? I see Lowell are also pursuing more debts that are most certainly SB – notably one from 2006 – if I start to pay I’m worried it will lead to more questionable tactics. I definitely think my credit file has been altered and wonder if this is easy to do, from the debt company’s point of view.
Is there anything else I cant write to BC/Lowell for a final defence? To clarify my situation? I feel very unprepared for court and understand I need to keep it short and to the point.
Any pointers would be very confidence boosting! Everyone is always very sure with their responses here but it’s a tricky situation – I am terrified at the thought of going to court and, not only losing, but not being able to get my point across (terrible at public speaking). Last minute ammo is greatly appreciated! I'm very stressed.
eace:
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