Lowell/Carter CCJ. Barred Stature. Fictitious payments.

**Charlotte_starlet** · 28th November 2014, 22:33:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Just to add. The debt vanished off my file years ago, checked again today, no record of it in current or past debts.

**FlamingParrot** · 28th November 2014, 22:49:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Originally posted by Charlotte_starlet View Post

Hi all.

It's my first post here so be kind!

We're always kind, we bark loudly but don't bite. :beagle::beagle::beagle:

Originally posted by Charlotte_starlet View Post

To to hide from it (ignorance is bliss) I basically stopped repaying around 2006/07 and ignored ever letter and call that followed me to my new hone which I live in now.

fast forward to now, I received the blue court forms from Northampton owing £5200 inc costs to Lowells, represented by Bryan Carter. I did my research and believe the Stature Barred applies here being 7/8 years since I paid the debt.

i called Carters today and told them it should not have been issued due to SB.

A claim can still be issued for SBd debts but it can also be defended and SBd is an absolute defence. :thumb:

Originally posted by Charlotte_starlet View Post

They said it did, as I paid £1 yes £1 to them in 2010! I said to them I disputed this and with much pressing they told me it was on 11/02/2010.

They couldn't tell me the payment method or bank details of the transaction apparently. Then the lady was rather stuttery and fumbly when I answered no to her question 'did you have a debt advisor company on this debt' it was like she had put her foot in it. No idea if this means anything.

Did you send a CCA request by any chance? The £1 fee could have been applied to the account, it's been done before.

Originally posted by Charlotte_starlet View Post

i have checked my bank statement for the whole of Feb 2010 - no payments at all to them or for a £1 anywhere. I have requested a statement from an old closed business account I had back then but I doubt I would have paid it from there as I never used it really.
so what is this mysterious payment?

For a CCA request you'd probably have sent a postal order.

Originally posted by Charlotte_starlet View Post

i have replied with defense online with the court instead of filling in the papers. I didn't include the £1 claim in there (I found that out after) I claim SB and explained I have not spoken to lowells via phone/mail in the 6 year period or made payments.

i have no idea what to do now! Help and advice please lovely people

You have submitted a SBd defence, it's up to the claimant to prove it's not. You were right to leave out the £1 from your defence, they have to show you really made the payment. If it was a CCA request, that wouldn't count as payment into the account, it's the statutory fee.

Even if you had spoken with or written to, Lowell, as long as there was no payment or written acknowledgment, the debt would still be SBd.

Now you've submitted a defence, the court will forward it to BC and they have 28 days to respond saying whether they wish to proceed with the claim.

**FlamingParrot** · 28th November 2014, 22:50:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Originally posted by Charlotte_starlet View Post

Just to add. The debt vanished off my file years ago, checked again today, no record of it in current or past debts.

Defaults only stay on file for 6 years, then they drop off. However, you can't really go by your credit files to establish SBd, many people keep making payments years after defaulting.

**seduraed** · 28th November 2014, 22:50:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Ficticious payments are becoming more common. do you know if the debt was passed to Scotcall or Wescot or another doorstep debt collector?

**Charlotte_starlet** · 28th November 2014, 23:10:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Thanks so much for taking time to reply to my calls for help!

very informative answers, I feel a bit more positive about it now.

it could have been passed to them at some point, there have been lots of agencies chasing me but Lowell seem to have had the debt for several years, writing to me in intermittent periods.

I'm sure I didn't request the info said here with the £1 fee. I was completely rubbish at sorting things out in 2010 and wouldn't have gotten advice on these such things.

so now do I collate all my paperwork eg. Bank statements for 2010 and try to root through for my last payments to them in 2007?

im so impatient to see what the outcome is! It's a bloody weight on the old shoulders!

**FlamingParrot** · 28th November 2014, 23:25:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Originally posted by Charlotte_starlet View Post

I'm sure I didn't request the info said here with the £1 fee. I was completely rubbish at sorting things out in 2010 and wouldn't have gotten advice on these such things.

so now do I collate all my paperwork eg. Bank statements for 2010 and try to root through for my last payments to them in 2007?

im so impatient to see what the outcome is! It's a bloody weight on the old shoulders!

In theory the onus is on THEM to PROVE that a payment was made, having said that, every little helps and if you are organised enough to have all your statements (most of us are not

), then it would most definitely help to show your payments coming out in 2007, then stopping, then nothing paid in 2010 while you were still using the same bank account for everything else. :thumb:

I reckon they'll struggle with this one, while many people make token payments of £1/month, why would anyone stop paying altogether in 2007 then make a one off payment of £1 in 2010? No one would do that! :nono:

Now your defence has been submitted all you can do is wait, with a bit of luck they may change their mind about proceeding with the claim.

ray:

**debs65** · 29th December 2014, 21:51:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

BC saying I made payment of £1 in December 2009! as if I would make a one off £1 payment in over 7 years! as if they would accept that and just take action now! nothing on my credit report re this alleged account. need to draft up a good letter asking for statements and proof of this alleged £1. help me please !!

**debs65** · 2nd February 2015, 21:00:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

you any further forward Charlotte scarlet???

**nemesis45** · 2nd February 2015, 21:33:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Emm Would you have made a CCA request to any company at that point in time the fee is £1 and if a debt has been round the debt collection industry it is not unknown for the statutory fee to be applied to the account and no CCA produced?
Lowell must be put to strict proof of the payment, the onus of proof the debt is not SB falls entirely upon Lowell.

nem

**Charlotte_starlet** · 2nd February 2015, 21:39:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Hi there! I had the same £1 as you 'credited' to my account in Feb 2010! I have sent the court papers back refuting the claim on a statute barred basis. Lowells wrote to me saying I had made a payment on a certain date, but offered me a Tomlin order which I refused. The court have suggested mediation which I have accepted, just waiting to hear BC reply to see if they will agree. Witness statements and documents have been sent to the court and lowells with my defense, proof with bank statements and the letter from BC with the alleged date on it also I've sent a request for a CCA with the £1 postal order. I doubt they have the requested CCA and I'm pretty hopeful they will drop the claim after realising the evidence doesn't look very strong on their part! I'm awaiting a mediation date but if nothing is resolved - I'll be seeing them in court in March!

**nemesis45** · 2nd February 2015, 21:51:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Have you asked Lowell Carter to prove the method of payment e.g. credit/debit care/ cheque/ postal order/ BACS etc.

**Charlotte_starlet** · 2nd February 2015, 22:23:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

Hi,yes, I've called several times and asked for the specific payment method and bank account they allege it was paid from, everytime the answer was 'we don't have that paperwork available'! How convenient!

**debs65** · 3rd February 2015, 21:05:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

how have you got a court date whilst waiting for mediation? i have heard nothing at all! nearly 5 weeks since I demanded proof of the alleged £1! don't know what to do.. have a close family friend dying and spent past few weeks in a blur visiting him and seeing to his poor cats home alone. Can't cope with all this stress ontop of the worry of not knowing what's going on re: carter/Lowell/court as well ascoping with with the stress of man who's beenlike dad to me dying as well as coping with normal family life and the stress of that x

**Charlotte_starlet** · 3rd February 2015, 21:11:PM

Re: Lowell/Carter CCJ. Barred Stature. Fictitious payments.

I received a letter from my local county court informing me the case is being allocated to the small claims track, the judge suggested mediation to try to resolve but at the end of the letter there was a date allocated for March for a hearing, I assume this is if mediation does not conclude an agreement - it won't as I will not agree to pay them a single penny unless instructed by the court. I think my evidence will prove I didn't pay the £1 credit. Where are you upto with your claim? It is a long process. I first received the court papers for judgement back in November. Perhaps you can call the court and discuss your situation x

Lowell/Carter CCJ. Barred Stature. Fictitious payments.