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I am almost at the 6 year point and have been getting chased by lowell. They have a number of debts that they have bought for me. I have spent the last six years trying to get my life back together and nearly succeeded. I have received court paperwork to take me to court for one of the debts for just under £2000. I am scared to just pay them off as it will bring everything back to the top of my credit file and restart the six years. I asked for them to prove to the court that they had the correct documents and they have lodged them. the credit agreement, the default notice and proof that they had bought the debt. n |They have provided a NNotice of Assignation but nothing to show that it has been delivered and served. Same thing with the original default that they have the letter but no proof of service. Has anyone argued these points before and if so have they been successful with it? I am concerned as if they are successful they will come after me for the rest which I cannot afford to pay and I nearly had sorted out my credit file.
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Hi DOGSARENICE
Welcome to LB
It might be an idea to give CAB Scotland a call.
It might be that the debt is Statute Barred, if you haven't made a payment or admitted the debt in writing in the last 5 years.
Although they have provided the required documentation, is it compliant? Does it have the Prescribed Terms i.e. name, address, credit limit, APR etc.?
You can make the stated arguments, but it will be down to the Judge / Courts to make a decision / judgement.
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Thank you so much for your hep and advice. Thank you I didnt know about prescripted terms so I will go and check that now. Unfortuntely there is not really anyone dealing with this sort of thing at CAB in our area at the moment. Its just comimg up to five years since the debt was last admitted or a payment made. I fwel in a difficult position as if i try and pay to save my credit raiting it will bring it to the top of the credit file again (I think from what I have read).Comment
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It doesn't have to effect you financially if you are 'struggling', there is a 'cost of living' crisis.
You can fill in an income and expenditure form, that will show what you are left with, but
give yourself some leeway, as things might get 'worse'. If you are left with £1 each month,
then offer £1. A Court would only ask you to pay what you can afford.
https://legalbeagles.info/forums/for...owell-scotland
https://www.citizensadvice.org.uk/de...-to-creditors/
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Would this not mean that it would bring it to the top of the credit file again? I have been working so hard to try and get myself out of this mess and potentially get a mortgage one day and i am worried that entering into something like this might stop me.Comment
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When you Defaulted, a Default marker would have appeared on your Credit File, that automatically drops off your Credit File after 6 years.Originally posted by dogsarenice View Post
They can't put it back on.
You can check with the ICO - https://ico.org.uk/for-the-public/credit/Comment
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Thank you so much. i think I am maybe misunderstanding how some things work and have made assumptions that are incorrect. I thoughtt that if i now paid the debt through a time to pay order that it would restart the six years on my credit file? I thought the same would apply if i started repaying any of the debt now? have i been wrong in this assumption.Comment
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Have a read of the following:Originally posted by dogsarenice View Post
Posted for info only - https://www.experian.co.uk/consumer/.../defaults.htmlComment
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