Bryan Carter have sent me a threatening issue court proceedings letter

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Post #43 " debt hanging around since Jan/Feb 2009 " is that when payments ceased?

nem

[charitynjw]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

What does #### mean?
Not a lot, but you need to type a minimum of 4 characters outside of the quote box in order to post.

@@@@

[charitynjw]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

The reason for asking the question is that in England (for instance), after 6 years the debt becomes unenforceable through court, but still 'technically' exists as a debt, provided there has been no written acknowledgement or payment by the debtor during that time.
Whereas in Scotland, the debt is extinguished after 5 years.

[Diana M]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

I found the Vodafone transfer of ownership form so I copied this and sent this to them. . . .
They say they have carefully considered all the information that you and Vodafone have provided.
Vodafone have advised the account was setup in your name not a business name, credit check done on my name not a business.
The balance is £820.03 and they have not found any supporting note about this latter.

Therefore the balance is owing and valid.

I am not disputing the fact that the account was set up in my name it was. The bill was sent to my company who then paid it. I then filled out a transfer of ownership form late 2008 and sent it off to my company

Can you post up the Transfer of Ownership form having redacted any personal details.

That form would needed to have been signed by both the "donor" and the "recipient" of the contract wouldn't it?

If the "recipient" signed the Transfer of Ownership form and Vodafone acknowledge that (do you have evidence of that?) then Vodafone's quarrel (and subsequently Lowells current legal difficulty) may be with the "recipient" not you.

Where and to whom did Vodafone send the bills after the Transfer of Ownership was established?

Di

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi Nem yes that's when payments stopped. Thanks Nigel

[Diana M]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Do you know when the contract was cancelled by you or your employer? I expect this would have required 30 days notice in writing or something similar. Failure to give notice can sometimes cause the line rental charges to continue.

When did the contract's minimum period expire because that could impact on the 'cause of action' for SB purposes?

Where (what address) were the bills being sent after January 2009?

Di

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi I am not sure because this all happened over 7 years ago now. I have the form and it was signed and dated by me and I then sent this form off to my boss at the time. I never heard anything back as I mentioned before he phoned me on New Years Day 2009 to inform the company was going to be going into liquidation I guess until a buyer could be found. There were a lot of conference calls through out Jan and Feb 2009 trying to sort things out and not long after that the phone was cancelled. I would have the contract since late end of 2006/beginning of 2007 I would think so a long time, I cant tell you what the minimum contract length was as I don't know now. The bills still came to me in Jan and Feb 2009 which I just sent them to my employer to sort out as I thought it was still going through. I have an image of the form but I cannot post it on here for some reason but it was signed by me. Should I send this to Vodafone do you think?

- - - Updated - - -

I have signed the form and sent this to my boss at the time but I didn't get anything back to say that this was completed etc. I don't have the evidence you seek unfortunately.

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi I am not sure because this all happened over 7 years ago now. I have the form and it was signed and dated by me and I then sent this form off to my boss at the time. I never heard anything back as I mentioned before he phoned me on New Years Day 2009 to inform the company was going to be going into liquidation I guess until a buyer could be found. There were a lot of conference calls through out Jan and Feb 2009 trying to sort things out and not long after that the phone was cancelled. I would have the contract since late end of 2006/beginning of 2007 I would think so a long time, I cant tell you what the minimum contract length was as I don't know now. The bills still came to me in Jan and Feb 2009 which I just sent them to my employer to sort out as I thought it was still going through. I have an image of the form but I cannot post it on here for some reason but it was signed by me. Should I send this to Vodafone do you think?

- - - Updated - - -

I have signed the form and sent this to my boss at the time but I didn't get anything back to say that this was completed etc. I don't have the evidence you seek unfortunately.

Nigel does this debt show on your credit reference files? You can check Noddle Free Online.

When would the last payment to the account have been made?

nem

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi Nem, The last payments were made December 2008, Jan and Feb 2009 payments were never made. Yes This debt shows on my credit file, it says;

Account Start date 13/03/2007 and Date of default 02/12/2010 which is when I guess it went to Lowell?

Thanks Nigel

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

I could do with some legal advice and a plan of action for this just wondered if anyone can help me out on this, please? Thanks Nigel

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Hi Nem, The last payments were made December 2008, Jan and Feb 2009 payments were never made. Yes This debt shows on my credit file, it says;

Account Start date 13/03/2007 and Date of default 02/12/2010 which is when I guess it went to Lowell?

Thanks Nigel

Hi Nigel,

OK so last payment December 2008 definite? No payment at all since , yet the default is not placed until Feb 2010 which is well outside the ICO's

guidance of within 6 months.

Which is unfair.

So my thinking is to send an statute barred letter now.

nem

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

H Nem, ok thanks for that is there a standard template letter on here that you recommend? Thanks Nigel

[nigelb4873]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Sorry Nem forgot to ask what is the ICO? Thanks Nigel

[MIKE770]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Information Commissioners Office

[nemesis45]

Re: Bryan Carter have sent me a threatening issue court proceedings letter

Sorry Nem forgot to ask what is the ICO? Thanks Nigel

Hello Nigel,

ICO is the Information Commissioners Office, responsible for guidance and regulation in regards to Data Protection Act 1998.

he ICO sets out guidance as to how credit reference agencies/ creditors report accounts. Also there is guidance on the placing and registering of defaults.

nem