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Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

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  • Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

    Hi, I am new to this forum, so please bear with me, I am just looking for some advice/Help.

    In 2004 I took out finance on a van for a Bakery business I owned, I finished the business in May 2006 and continued paying the loan payments on the van for a further 3 months.

    Due to personal/financial reasons I could no longer pay the van payments, and stopped paying. I have had several house moves and remarried since so I am under a new name.

    In the last 12 months I have started receiving letters from Lowell finance then Fredrickson International and the most recent one from Bryan carter Solicitors. I have not replied to or acknowledged the letters whatsoever.

    My maiden name was, xxxxx O'xxxxxxxxxxxx, but the debt letters have been sent to xxxxxxxxxx xxxxxxxxx. (the same without the O)

    I have had cause to check my credit record and Lowell Financial have registered a default in May 2010 ( 4 years after I stopped paying) for the debt of £7344.77. The final amount I had left unpaid to my memory was around £2500.

    The most recent letter from Carter is as follows:

    We have been instructed by Fredrickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on 07 April 2014 if payment of this debt is not received bys by that date.

    If proceedings are issued, solicitors costs, court fees and interest will be added to the amount you owe and will be enforced against you if a judgement is subsequently obtained.

    You must contact us on ************ to make payment before 07 April 2014 if you wish to avoid the matter going to court.

    Please see the reverse of this letter for full details of the different types of payment methods we can accept. You can also manage your account online.

    If you dispute liability for this debt please provide your reasons in writing and supply us with documents in support of any defence you may have.

    A judgement order (CCJ) will remain on the register of judgement debts for a period of 6 years and may affect your ability to obtain credit in the future.

    This matter has now reached a stage where you may want to obtain independent legal advice.

    Pleas could anyone let me know my best course of action and whether they can legally enforce the debt and give me a CCJ.
    Plus is it possible to have Lowell remove the default from my credit file.
    Please don't judge me on not paying this debt, it was a difficult time in my life personally and professionally, and if my only course of action is to set up a payment plan to pay debt monthly then that is what I will do.

    Thankyou.
    Last edited by Amethyst; 27th March 2014, 16:26:PM. Reason: removed name
    Tags: None

  • #2
    Re: Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

    That debt would certainly be statutory barred by now.

    Comment


    • #3
      Re: Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

      Hi Angela,

      Apologies for missing your post last night and thanks biondani for the nudge.

      Okay, I think you can class the letter as a letter before action and should be responded to to say the debt is statute barred, if you stopped any payment and contact about the debt at then end of 2006 then they have just taken too long to chase the debt.

      You mention the loan was for a Van for your business - was the business a ltd company or sole trader and was the van sold to the company or to you as an individual? Shouldn't matter too much as the debt will be Statute Barred regardless.



      By way of an example SB letter;

      Dear Sir/Madam

      Re: Account No/Your Ref:

      No debt is acknowledged to your company yet you have contacted me regarding the above account.

      As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

      No correspondence/payment/acknowledgement of this debt has been made within at least the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

      Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to s.40 (1) of the Administration of Justice Act 1970".

      I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

      I look forward to your early reply.



      Yours faithfully
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

        ''Lowell Financial have registered a default in May 2010 ( 4 years after I stopped paying) ''

        Is there a separate entry from the original creditor ?(though I am guessing that would have dropped off your file by now as it should have been placed at the end of 2006 three ish months after stopping paying)
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

          Thanks for the reply.

          Comment


          • #6
            Re: Bryan Carter Solicitors, Fredrickson International, Lowell finance HELP PLEASE!

            Thanks for your reply.

            The van was sold to me personally as a individual, and I have not checked my credit record in the last 8 years so it is possible the original creditor (Black Horse) may have defaulted me but it is no longer on my credit record, only Lowell's default in 2010.
            I will send the letter you have kindly given me an example of to Bryan Carter and to Lowell finance and see what the response is.
            Many thanks for you help and I will let you know how it plays out.

            Comment

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