**DISCONTINUED**Lowells / Bryan Carter old Coop credit card

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

Did Lowell comply with the 2012 CCA request?

nem

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Yes, they sent me a copy of the CCA and they sent me back the cheque for £1.

When I wrote to Bryan Carter to tell them my debt was statute barred, they wrote back and said it wasn't as the deferred date on my credit reference file is 2011, howéver I have not made a payment since March 2008.

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

Carter Knows full well that with simple contracts the SB clock starts from the date a contractual payment was due and not made, after which no further payment or unequivocal written acknowledgment was ever made.
But if as you say the last payment was in March 2008 the debt is SB.

nem

[Streetwise]

Re: Lowells / Bryan Carter old Coop credit card

The claim was started 4th of September 2014 and you have proof that no payments have been made to the account since March 2008,and your sure your EX has not made any payments please confirm.

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

Claim issued September 2014, the SB clock stopped at the date of issue.

nem

[skilganon]

Re: Lowells / Bryan Carter old Coop credit card

still trying to get my head fully around the statute barred regs, but if no payment or acknowledgement has been made since march 2008 and the claim was issued september 2014 , then that would be 6 years and 5 months ?

i understand also the cause of action may be 2 or even 3 months after the date of last payment but..

surely making this statute barred ?

[MIKE770]

Re: Lowells / Bryan Carter old Coop credit card

arrears after 1 month missed payment i.e. due date and not paid

[skilganon]

Re: Lowells / Bryan Carter old Coop credit card

therefore this would be statute barred , surely ?

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

The SB clock In relation to simple contracts Starts Ticking when a contractual payment was due and not paid, after which no further payment or written acknowledgment was ever made.

The default date on loans secured on property i.e. HP agreements is the default date confirmed in an Appeal Court Decision Hart - v - BMW Finance.

Some DCA's have tried to use this in relation to debts in simple contracts, and have failed.

Which is what I think Carter is intending to rely on + may be a " phantom payment".

nem

[MIKE770]

Re: Lowells / Bryan Carter old Coop credit card

sounds like it is his theme, one day he and others will pay for misconception/misleading info when we get a regulator with guts

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

I agree, the FCA should be looking to what the OFT was leaning towards, reviewing the licencing of solicitors with a core business in debt collection currently acting under a blanket licence covering al solicitors, which in my opinions leads to in reality no regulation at all.

nem

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

They are doing.

''As part of the transfer of regulation of consumer credit activities to the FCA, transitional arrangements were put in place for firms affected by the changes until 30 September 2014. Following discussions with the FCA, the SRA has secured agreement to extend the transitional arrangements for consumer credit up until 1 April 2015. ''

[Streetwise]

Re: Lowells / Bryan Carter old Coop credit card

still trying to get my head fully around the statute barred regs, but if no payment or acknowledgement has been made since march 2008 and the claim was issued september 2014 , then that would be 6 years and 5 months ?

i understand also the cause of action may be 2 or even 3 months after the date of last payment but..

surely making this statute barred ?

Well it looks like its SB, but the card was in two names and we don't know if the EX may have made a payment.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

My ex has not made a payment and neither have I since March 2008. I have never admitted that the debt was mine since that date.

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

At this point it would be worth a quick to the Co Op to find out about any payments.
Is the ex named on the claim?

nem