***WON*** debs65

[Mr $quanda£ot]

Re: debs65

In any case, we are talking about a relatively small amount of money here. Definitely not worth having a CCJ for just over £600!

Even better if you could somehow prove this is now statute barred.

[debs65]

Re: debs65

Mr $quanda£ot .. I know its not worth having a CCJ for over £600 - what do you mean though? are you saying I should pay regardless? if that's the case... I can't! I don't have access to that kind of money! I am desperately trying to prove its statute barred. been nothing on my credit file and still trying to get BC and/or Lowell to provide info.

[nemesis45]

Re: debs65

Good morning Deb,

Has any proof been provided in regard to the £1 payment?

If not you must demand unequivocal proof of the payment including but not limited to:

Cheque Payment. Name of Drawer, name of bank, account number and sort code, date allegedly paid..
Postal order. PO Number, issuing post office ID, date on PO, date cashed.
Debit/credit card Visa/MasterCard, 16 digit care number, 3 digit security code, issuing bank/provider, transaction authorisation code, date of payment.
Bank transfer: Payment over counter: Date, method of payment, bank to which payment.

It is entirely in the claimants court to prove unequivocally that the alleged payment was made.

If you have been provided with a date for the one off payment and it is allegedly with in the last 6 years your bank will still be able to supply a statement for that period.

[debs65]

Re: debs65

Hi Nemesis. Thankyou for your time! Truly appreciate it. NO PROOF re the £1 payment. Never had a bank account. Stuck to Building society account. never had a credit card or debit card for over 9 years. Only postal orders I have ever bought were odd random one for cca. any payments in my name (aka gas/electric) I pay cash at post office.
This £1 would've been a cca request to one of their many partners who have held the account. I am trying to draft a good letter up re all the points previously mentioned as well as this £1. As I try and do so I am worrying as to what to do re the N180 form as only have til 15th Jan to complete and need all this info from BC/Lowell .

[debs65]

Re: debs65

sent letter to BC demanding proof of the alleged £1 Nemesis. Now don't know what to do! BC/Lowell failed to comply with my CPR request, and have failed to provide me with requested info. Trying to word a good letter but failing miserably so far! Should I fill in the agree to mediation bit on the N180 to buy me time to get the information I requested ?

[debs65]

Re: debs65

HELP ME SOMEONE xx

[nemesis45]

Re: debs65

responding your PM.
reading thread.

Is the " agreement supplied" complete are there Terms & Conditions in full upon that sheet or provided separately?
Did you at any point around the date of the alleged payment make a CCA request to ANY party i.e. a DCA, or solicitors pursuing payment.
Do you have any records for that time, bank statements.
I may be missing something when was the account defaulted?
Does it appear on credit reference files?
Check Noddle it's free, need to know default date please.

[debs65]

Re: debs65

sorry nemesis. didnt see whole post on my phone. yes there is terms and conditions. I must have made a CCA request as its the ony time I have made a £1 payment for anythingI never had a bank account so cheque or debit isn't an option.Had to be postal order. This has been in many of Lowell's associates hands. I am good... keep paperwork for around 4+ years then bin it. found odd random letter. not sure when account was defaulted. checked my credit file on experian and few others and there's nothing!

[nemesis45]

Re: debs65

That's a good result not on CRA file means the default was more than 6 years ago.
Thus you can state that the alleged payment was for a statutory fee in regard to a lawful request made under sections 77/78 of CCA 1974 (as amended) and as such has no effect on the provisions of the Limitations Act 1980.
Therefore the debt is statute barred and you will not make payment.

It is entirely for the claimant to prove that the alleged debt is not statute barred an you do not have to prove otherwise.
The claim is out of time.

[debs65]

Re: debs65

Thankyou !! I TRULY appreciate your time. copied my credit report Nemesis and it shows an unrecorded enquiry on 20th August 2014 from Lowell. Not sure what that's all about ? read a few things online and saw credit reports aren't always accurate?? surely experian is?

[debs65]

Re: debs65

re above post Nemesis... I do have a default on my credit file. was for cosmetics company I used to sell stuff for. they owe me more than I owe them! (I intend to persue this as they have made no contact about this matter). would Lowell see my full file when they did the unrecorded enquiry on 20th August 2014 or would they see one default- aka the cosmetics one ? sorry.. I do not know how credit files work! And is experian accurate?

[debs65]

Re: debs65

any help with my last 2 posts please???

[Amethyst]

Re: debs65

I'll just nudge [MENTION=55034]nemesis45[/MENTION] as I'm not entirely sure where the other default comes in to things. The search from Lowell will just be them checking your address/existence. I'm not sure what they'd see, whether there's different levels of info for different searches, but I think they check if you have a mortgage etc on the file so they could look at getting a charging order as security later, that kind of thing.

[debs65]

Re: debs65

thanks amethyst. checked 4 credit files.. nothing re this alleged account on any. dont have a mortgage so they fudged on that! did as nem said... demanded proof of this alleged £1 payment. still waiting for proof! just a tad confused as to what to do next. wait to see if they send any proof (if they do it will be a £1 postal order to one of the many of their partners who've had the account for a CCA) or do I write to Lowell re non compliance of CPR and failing to comply with all other requests?

[Amethyst]

Re: debs65

You've sent off your N180 haven't you ? It's just a case of waiting now for the claimant/court's next move.

You've done what you can, and have enough evidence to show court (if it gets to that) that you have been reasonable and asked for evidence all the way through, so stick to your guns xxx