Lowell Solicitors - Notice of Acting

**Diana M** · 27th September 2016, 11:10:AM

Re: Lowell Solicitors - Notice of Acting

Originally posted by Martyn1984 View Post

The default date on my credit file for this is 26/01/2010, it was originally to JD Williams and the balance showing is £2040.49.

I really need some advice on how best to proceed? I've never acknowledged this debt or been in contact with Lowell

When did you last make a payment to the account?

It may have been defaulted in January 2010 but that doesn't necessarily reflect your last payment if you went into a DMP or a ATP after that.

Di

**Martyn1984** · 27th September 2016, 12:57:PM

Re: Lowell Solicitors - Notice of Acting

Hi,

To be honest I haven't got a clue if I made any payments after the default date. I don't remember having a plan in place for this account but I did for some others which doesn't help me remember.

I don't think so but as I said I'm not 100%

Martyn

**Diana M** · 27th September 2016, 13:30:PM

Re: Lowell Solicitors - Notice of Acting

Originally posted by Martyn1984 View Post

The default date on my credit file for this is 26/01/2010, it was originally to JD Williams and the balance showing is £2040.49.

Your CRA file for this account should drop off 6 years after the default was registered (ie Jan 2016) so are you looking at an old report?

And does the report show an account start date (before April 2007 ideally)?

Di

**Martyn1984** · 27th September 2016, 13:58:PM

Re: Lowell Solicitors - Notice of Acting

Oh no, I've just realised it's 2011 not 2010 the default date.

29/12/2007 was the account start date.

Thanks again

Martyn

**Martyn1984** · 27th September 2016, 18:53:PM

Re: Lowell Solicitors - Notice of Acting

Hi, I've found out The last payment to the account was 22nd June 2010

Hope this helps.

Thanks.

**Diana M** · 28th September 2016, 08:45:AM

Re: Lowell Solicitors - Notice of Acting

Originally posted by Martyn1984 View Post

I've found out The last payment to the account was 22nd June 2010

That may mean the debt was Statute Barred before the summons was issued.

How have you established the last payment date, maybe from bank or credit card statements?

Di

**Martyn1984** · 28th September 2016, 09:17:AM

Re: Lowell Solicitors - Notice of Acting

I spoke to jd Williams and asked them when was the last payment on that account.

He said 22nd June 2010 was the last payment received and it was for £1.

He said he could send me a full statement of the account if I needed it.

Thanks
Martyn

**Martyn1984** · 28th September 2016, 09:23:AM

Re: Lowell Solicitors - Notice of Acting

I haven't received a summons, just a letter saying 'Notice of Acting'

Thanks again

**charitynjw** · 28th September 2016, 09:29:AM

Re: Lowell Solicitors - Notice of Acting

Oh no, I've just realised it's 2011 not 2010 the default date.

Where does this info come from?

He said 22nd June 2010 was the last payment received and it was for £1.

Were you paying token payments?
Can you remember paying this?

**MIKE770** · 28th September 2016, 09:35:AM

Re: Lowell Solicitors - Notice of Acting

£1.00 would not be a CCA1974 request at the time would it??

**Martyn1984** · 28th September 2016, 09:40:AM

Re: Lowell Solicitors - Notice of Acting

My credit file has the default date on it of 26/01/2011.

The £1 payments were token payments I was making at the time but we moved home and I've obviously not paid anything since. I spoke to jd Williams last night and he said the last payment they received was 22nd June 2010.

Does this mean its statute barred as its been over 6 years since I made a payment or is it 6years from the default date?

Thanks.

**charitynjw** · 28th September 2016, 10:08:AM

Re: Lowell Solicitors - Notice of Acting

Originally posted by Martyn1984 View Post

My credit file has the default date on it of 26/01/2011.
While it is a useful indicator, a CRA file is not an 'official' record of a default. As it is a CCA regulated debt, you should have received a Default Notice from the original creditor; this would be a better indicator of when the account was defaulted/terminated.

The £1 payments were token payments I was making at the time but we moved home and I've obviously not paid anything since. I spoke to jd Williams last night and he said the last payment they received was 22nd June 2010.

Does this mean its statute barred as its been over 6 years since I made a payment or is it 6years from the default date?
As the last payment was approx 6 years & 3 months ago, the actual default date could be (just) within the 6 year limitation period.
Can you remember receiving, or better yet, still have a copy of, the official Default Notice?

Thanks.

####

**Martyn1984** · 28th September 2016, 10:51:AM

Re: Lowell Solicitors - Notice of Acting

I don't have a copy of the original default notice... we've moved home 2 times since 2010.

So is it not 6 years from the last payment date?

The £1 payments I was making could possibly of been through a dca passing the payment to jd Williams (is that how it works?)but like I say they stopped June 2010.

How should I proceed with Lowell and is there anything I should be sending them?

Thanks

**charitynjw** · 28th September 2016, 11:06:AM

Re: Lowell Solicitors - Notice of Acting

So is it not 6 years from the last payment date?

This has never been the case.
The default can only occur when a payment or payments have not been made.
DNs were often not sent until a couple of payments were missed, & the Notice has to give a minimum 14 days to rectify.

Lowell Solicitors - Notice of Acting