Lowell Portfolio threatening CCJ

[Tea Drinker]

Hi,

I hope you can help me with some advice. I separated from my husband years ago and reverted to my maiden name. I managed to get all other accounts, tax, etc changed but had to keep one credit card in my married name as they wouldn't change it without divorce papers (which didn't exist).

When I moved house in 2008, I tried to get the address on my account changed (and requested again that they change the name) but I couldn't as they told me I needed to go in to a local branch with photo ID. As it had been a few years by this time since I had used my married name, I didn't have anything at all that I could do that with.

As I was not having statements sent to my new address, I stopped making payments in February 2009 (I think), believing this might spur them on to change the address (which I had sent to them) but I heard nothing for a few years until I received a letter from Lowell Portfolio (still addressed to my married name) saying they had taken over the debt and citing an amount higher than the last statement I had received. In annoyance I decided that I wasn't going to acknowledge anything that wasn't addressed to me in my proper name.

That was about three years ago and since then they have continued to chase me through two further address changes, including phone calls to my most recent property and I have continued to ignore everything. However, about a month ago I received a letter telling me that they were considering applying for a CCJ. As I haven't heard anything since, I am concerned that they will go ahead with a CCJ before the end of the six years when the debt would become statute barred.

My circumstances have changed over the years and I couldn't afford to pay the debt now. Have I done the right thing in ignoring the letters or should I have contacted them? Do they have to have contacted me under my current name to be able to get a CCJ?

I'd appreciate any advice.

Thanks

[MIKE770]

Re: Lowell Portfolio threatening CCJ

info on last payment/acknowledgement/ more detail if poss?

[Amethyst]

Re: Lowell Portfolio threatening CCJ

Hi,

I hope you can help me with some advice. I separated from my husband years ago and reverted to my maiden name. I managed to get all other accounts, tax, etc changed but had to keep one credit card in my married name as they wouldn't change it without divorce papers (which didn't exist).

When I moved house in 2008, I tried to get the address on my account changed (and requested again that they change the name) but I couldn't as they told me I needed to go in to a local branch with photo ID. As it had been a few years by this time since I had used my married name, I didn't have anything at all that I could do that with.

As I was not having statements sent to my new address, I stopped making payments in February 2009 (I think), believing this might spur them on to change the address (which I had sent to them) but I heard nothing for a few years until I received a letter from Lowell Portfolio (still addressed to my married name) saying they had taken over the debt and citing an amount higher than the last statement I had received. In annoyance I decided that I wasn't going to acknowledge anything that wasn't addressed to me in my proper name.

That was about three years ago and since then they have continued to chase me through two further address changes, including phone calls to my most recent property and I have continued to ignore everything. However, about a month ago I received a letter telling me that they were considering applying for a CCJ. As I haven't heard anything since, I am concerned that they will go ahead with a CCJ before the end of the six years when the debt would become statute barred.

My circumstances have changed over the years and I couldn't afford to pay the debt now. Have I done the right thing in ignoring the letters or should I have contacted them? Do they have to have contacted me under my current name to be able to get a CCJ?

I'd appreciate any advice.

Thanks

Hi Tea Drinker and Welcome to LegalBeagles xx

Its likely they will pass your account on for court action, as you rightly state before it becomes statute barred, so I would respond to their letter and try head it off at the pass, or wait until you get a letter from Bryan Carter or B W Legal ( but then the court papers arrive within a couple days usually)

Does it show on your credit file? And does your credit file show your married name as well as your current name?

Presumably most contact regarding changing your name and address was by telephone so not in writing, but you did send one letter telling them of your change of address (and name?) in 2008? yet they continued to send statements to your old address.

Send Lowell a CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement - and add a request for a statement of the account

You could also consider sending the original creditor a Subject Access Request to get hold of all transaction lists, the agreement, screen notes on the account etc to see what happened to it once you stopped payments and how the amount has increased.

Sharon
xx

[Tea Drinker]

Re: Lowell Portfolio threatening CCJ

Hi,

Thanks for the reply.

I cancelled my Experian account a few months ago because it was too expensive so the information I have is a little out of date but, as of that time, my married name was showing as a name that I have also used but the credit card nor the debt that Lowell now own are showing on my file (either defaulted or otherwise). This is something I find really strange.

I can't find the letter from Lowell (I have just finished moving house again so it could turn up or it might have ended up in the bin) so I suppose I'll have to wait until I hear from them again one way or another before I can do anything. I just hope they don't go straight for the CCJ without contacting me again.

Thanks again.

[MIKE770]

Re: Lowell Portfolio threatening CCJ

Noddle is a free credit search site = one of the 3 CRAs

[Tea Drinker]

Re: Lowell Portfolio threatening CCJ

Noddle is a free credit search site = one of the 3 CRAs

Thanks Mike, that was really useful. I've checked my report with Noddle and the debt doesn't appear either in the name of Lowell or Barclaycard. However, my married name isn't showing as an alternative name at any address on the Noddle report, even though it was shown as linked to all addresses on the Experian one.

Would a debt have to be registered as defaulted on a person's credit file before a CCJ could be sought?

Thanks again.

[MIKE770]

Re: Lowell Portfolio threatening CCJ

depends on the details i.e. default issued? termination dates, cca where needed, but time barred if over 5 years in Scotland & 6 years in England if no payment or acknowledgment


All this as Ame says depends on their next movement suggest keep Ame informed with any questions as she is geared up on this area!

[Tea Drinker]

Re: Lowell Portfolio threatening CCJ

Thanks. I never received a default notice but then they weren't writing to me at the correct address so that doesn't mean they didn't issue one. Don't know why it wouldn't show up on my file if they did.

I'll wait and see what happens next. Not sure I'll receive anything if they do write as only my current name is being redirected to my new address.

[Kafka]

Re: Lowell Portfolio threatening CCJ

Did you send the CCA request and SAR as advised above?

As you anticipate problems, a SAR could be invaluable in allowing you to be prepared. Lowell won't have any paperwork from before they took it over, so they can only get it from the original creditor. Knowing what the OC has is an ace up the sleeve.