Bryan Carter is on the case!

[cranky]

Hello all,

I got a phone call from Bryan Carter today wanting to call them back, it's for an old current account. I abandoned the account in 2008 as I had split up with my partner, all the debts were in my name and just couldn't afford to pay any of them anymore, they account kept going over the overdraft limit and it snowballed from there.

Lloyds then defaulted my account over a year later in 2009 after adding lots and lots of charges.

Would it be Statute Barred? Noddle says Jun 2009, but I hadn't use it since April 2008?

It's a tough one, as I know how BC love to take things to court, my other concern is that I have had no letters since Fredrickson took over the collections, just calls, which makes me wonder if they will try and use my old address despite me getting letters from Lowell at my current one, so they obviously know it.

ANY help would be appreciated.

[nemesis45]

Re: Bryan Carter is on the case!

Hi,
This being a current account /overdraft debt the "rules" are different from
those for regulated credit agreement e.g. credit cards and loans.
The Limitations Act 6 year period starts when the creditor can first demand
immediate payment in full i.e. A Formal Demand for payment and or A Final Demand
these are sent out around 14 days prior to the default being placed.

I am presuming that Noddle is showing June 2015 as the default date?

Lowell & Fredrickson are the same group of companies and if Lowell/ Freds
are contacting you at your current address they're on a loser if the send anything
to your old address.

Did Carter leave a voice mail stating what they were phoning about?

nem

Has Lowell/Freds sent anything recently or Carter in writing?

[cranky]

Re: Bryan Carter is on the case!

Thanks for the reply,

Noddle is showing the Default date as 29/June 2009, so it's due to be SB according noddle on the 29th June 2015.

Carter left a robotic voicemail asking me to call them with a reference number, obviously hesitant to contact them.

The last time Lowell contacted me about it was at the beginning of the year, freds have sent nothing in writing, just a bucket load of SMS's and voicemails.

Not really sure what to do, I just don't want them doing a sneaky and registering a CCJ at my old address knowing I wont / cant acknowledge the claim and therefore winning by default. Hear some terrible things about BC and his sneaky practices.

This is the last thing I need at this moment in time, my wife is due to drop our baby any day now, my dog is sick and can't afford the vet.

[nemesis45]

Re: Bryan Carter is on the case!

The Default Date and the date a debt becomes statute barred are not the same.
All defaulted accounts are removed from credit files on the 6th anniversary of the
default so care is needed on this.
If you are being contacted at your current address they would be daft to try sending
documents to an old address.

nem

[cranky]

Re: Bryan Carter is on the case!

I have not made any payment or acknowledged anything in writing to them in this time, in my eyes it should already be statute barred, but at latest it would be the 29th? Is that correct?

[nemesis45]

Re: Bryan Carter is on the case!

As said it depends exactly when the account/overdraft was demanded in full for an earlier SB date the default in this case is the safe bet.


nem