Trouble with Mr Carter

[hunbun32]

Re: Trouble with Mr Carter

Mr CARTER sent another letter saying the dealings have been passed back to lowells they are no longer dealing with it, now lowells have somehow got my telephone number (home) and are again sending me threating letters, last one today being a red letter telling me to pay up this so called debt, so its almost like they're starting again? do i ignore they keep leaving text type message on my answer machine, a friend said ring the financial ombusmen would that do anything?

[Curlyben]

Re: Trouble with Mr Carter

Just keep a record of this harassment, it may prove useful later

[pompeyfaith]

Re: Trouble with Mr Carter

I do not have to tell you to keep copies of everything scan to harddrive too as well as hard copies.

Make a list of every call made and to what number all this as Ben says will be useful if it does get to court again and harassment will form part of any defence you make.

[hunbun32]

Re: Trouble with Mr Carter

So will this just go on and on even though i've given my defense? BC have decided to pass it back so Lowells start chasing me again, then back to the court, dear god i'll be OAP before it sounds like this is going to be resolved, i'm frightened to do anything as all articles i have read suggest the moment you contact them they will make your debt live again, bearing in mind this bank account was shut down in 2003 and when our house was sold and we split we both had money in the bank so i have no idea where the hell it somes from, if i had qwed it why did the bank not get in contact? it's now 2011 and i only start getting letters 2010, my credit report says they only started looking for me christmas time 2009 thats like 6 years later, i'm so confused and at my wits end with all of this, thanks so much to all you guys in here taking notice and assisting me with it, you've all been a great help!

[Angry Cat]

Re: Trouble with Mr Carter

When did you last make a payment?

[Angry Cat]

Re: Trouble with Mr Carter

http://www.insolvencyhelpline.co.uk/...tation_act.php

[hunbun32]

Re: Trouble with Mr Carter

I've never made a payment.....

[Angry Cat]

Re: Trouble with Mr Carter

Unsecured credit debts

This would include credit cards, store cards, bank and building society personal loans, catalogues, finance company loans etc. You may have had a debt with an ordinary unsecured creditor that you have not heard about for a very long time. You may have moved address or thought the debt had been written off.
Out of the blue a letter arrives from the original creditor or a debt collection agency asking you to make a payment.
You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:
if

• The creditor has not already obtained a judgment against you

and

• You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six years

and

• You have not written to the creditor admitting you owe the debt during the last six years.

[hunbun32]

Re: Trouble with Mr Carter

They tried to take me to court, well they did, i did all the bits online curlyben advised and sent Bryan carter a letter that curlyben also helped with, BC then decided to pass the debt back to Lowells and now they're starting all over again! when i wrote my defense i said (in my defense) it was statute barred, it confuses me can they just keep taking you to court then dropping it and taking you to court, how pathetic, i've never made a payment this bank account was closed in 2003.... It drives me mad!

[Angry Cat]

Re: Trouble with Mr Carter

They tried to take me to court, well they did, i did all the bits online curlyben advised and sent Bryan carter a letter that curlyben also helped with, BC then decided to pass the debt back to Lowells and now they're starting all over again! when i wrote my defense i said (in my defense) it was statute barred, it confuses me can they just keep taking you to court then dropping it and taking you to court, how pathetic, i've never made a payment this bank account was closed in 2003.... It drives me mad!

Please scroll down to page 9; Statute Barred Debt:
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[Angry Cat]

Re: Trouble with Mr Carter

http://en.wikipedia.org/wiki/Adminis...stice_Act_1970

http://www.legislation.gov.uk/ukpga/1970/31/section/40

[hunbun32]

Re: Trouble with Mr Carter

Many thanks

[Angry Cat]

Re: Trouble with Mr Carter

Report the Lowell Group to:
Consumer Direct;
Trading Standards and;
The Office of Fair Trading!