help required. default date diffrrent to actual loan debt date what to do please

[Yas123]

Hi everyone. I have checked my credit report and noticed a default on it. I checked who it was from and it was lowell who had defaulted me . When I looked into the default it says that the start date was 01/2007 and the default date is 2011. Now I am getting txt messages in relation to thus debt from bryan carter LLP. I have not acknowledged anything from either lowell or carter. Does not my debt therfore be statue barred as it was since 2007 or does the 6yrs start again due to being defaulted in 2011. Please help. Many thanks.
.s I dont know what this is debt for

[FlamingParrot]

Re: help required. default date diffrrent to actual loan debt date what to do please

Hi everyone. I have checked my credit report and noticed a default on it. I checked who it was from and it was lowell who had defaulted me . When I looked into the default it says that the start date was 01/2007 and the default date is 2011. Now I am getting txt messages in relation to thus debt from bryan carter LLP. I have not acknowledged anything from either lowell or carter. Does not my debt therfore be statue barred as it was since 2007 or does the 6yrs start again due to being defaulted in 2011. Please help. Many thanks.
.s I dont know what this is debt for

Can you tell from the amount what it could be for? Lowell buy debts from various sources, such as credit cards from various banks, catalogue accounts such as Shop Direct, and mobile phone contracts amongst others.

For the purpose of statute barred, the 6 years start from the cause of action, which would normally be around a month after your last payment, provided there's been no written acknowledgment of the debt by yourself. The start date would be when you took out the card or loan, opened the catalogue account or got the mobile contract, etc. Most people would have made at least a few payments after that, so that doesn't tell you when the clock starts ticking. :clock:

In theory, a default should be recorded between 3 and 6 months after missing a payment, in reality this isn't always the case. Lowell are very well known for recording their own defaults when they buy the debt rather than respecting the original date. The default date on your credit file is not a real indicator of SBd status, you really need to find out what this debt is for.

Have you tried sending them a prove-it letter?

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

Hi everyone. I have checked my credit report and noticed a default on it. I checked who it was from and it was lowell who had defaulted me . When I looked into the default it says that the start date was 01/2007 and the default date is 2011. Now I am getting txt messages in relation to thus debt from bryan carter LLP. I have not acknowledged anything from either lowell or carter. Does not my debt therfore be statue barred as it was since 2007 or does the 6yrs start again due to being defaulted in 2011. Please help. Many thanks.
.s I dont know what this is debt for

I have not contacted them at all nor made a payment the value of the debt is around 2000 pnds I do remember buying a tv from pc world on finance around the time but was not able to pay for it as I fell ill and then out of work. What shall I do thanks

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

I have not contacted them at all nor made a payment the value of the debt is around 2000 pnds I do remember buying a tv from pc world on finance around the time but was not able to pay for it as I fell ill and then out of work. What shall I do thanks

[FlamingParrot]

Re: help required. default date diffrrent to actual loan debt date what to do please

If you are not sure what the debt is for, you could challenge them with a prove-it letter:

Dear Sirs,

Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

Once you know with more certainty, you can tell them it's SBd, it would be if you haven't paid since 2007. :thumb:

Once you have confirmation that this is the account in question, you should challenge the default date on your credit file. A default from 2007 should have dropped off already. Lowell just love to restart the clock with their own default dates but this is WRONG!

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

If you are not sure what the debt is for, you could challenge them with a prove-it letter:

Once you know with more certainty, you can tell them it's SBd, it would be if you haven't paid since 2007. :thumb:

Once you have confirmation that this is the account in question, you should challenge the default date on your credit file. A default from 2007 should have dropped off already. Lowell just love to restart the clock with their own default dates but this is WRONG!

Thank you very much for your help much appreciated. I have not received any letters of yet just text messages from them but once I do I will send the letter you have provided. Once again thank you.

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

Hi.
I have just received a letter of claim today regarding this debt from bryan carter . What do I do like I said this is statue barred and has just been restarted by Lowell.
Please help as what to do next.

[FlamingParrot]

Re: help required. default date diffrrent to actual loan debt date what to do please

Hi.
I have just received a letter of claim today regarding this debt from bryan carter . What do I do like I said this is statue barred and has just been restarted by Lowell.
Please help as what to do next.

I'd send them the statute barred letter.

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you will no longer be able to take court action to recover the debt. Any court claim will be defended on these basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: “A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.”

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you will not pursue me for this debt.

Yours faithfully

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

Thank you.
Who shall I send this too.
Do I send it to bryan carter?

[FlamingParrot]

Re: help required. default date diffrrent to actual loan debt date what to do please

Thank you.
Who shall I send this too.
Do I send it to bryan carter?

Yes, send it to Mr Carter before he heads for the Money Claim Online site.

Ideally recorded delivery so you can track it and make sure it was received. :thumb:

[Yas123]

Re: help required. default date diffrrent to actual loan debt date what to do please

Brilliant. Thanks for all your help.
Appreciate it