Lowell pursuing 10 plus year old debt via CCJ

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Guys,

I've received a response from BC stating that their clients position is that the limitation period runs from the date the original creditor became entitled to demand payment! They say the account fell into default on 1st August 2010 & the claim was issued on 23rd Sep 2015!

This isn't true. How long can a creditor wait until they default the account? Not sure what to do next!

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Guys,

I've received a response from BC stating that their clients position is that the limitation period runs from the date the original creditor became entitled to demand payment! They say the account fell into default on 1st August 2010 & the claim was issued on 23rd Sep 2015!

This isn't true. How long can a creditor wait until they default the account? Not sure what to do next!

Ok all is not lost, is this debt still on your credit reference files?
Did you receive a Demand for Immediate Repayment In Full or A Final Demand., this I believe is the time the 6 year clock started ticking .
Did you get a Default Notice from Welcome.

Welcome were / are very sly placing defaults often it is left until just immediately before the debt is sold on.

What we need to know is when you made the very last payment on this account, would this a long time prior to the 2010 default alleged by Carter?

Nem

[Amethyst]

Re: Lowell pursuing 10 plus year old debt via CCJ

Just to back up what Nem has sadi, they are correct, however there is an argument as to when that date is. The date should be the date they could have called in the debt. So that depends on the terms of the account, however I think you said that you hadn't had any contact or made any payments for about 10 years. So there's 4 years where they could have defaulted you but didn't ?

Do you have a better idea of those dates ?

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

Just to back up what Nem has sadi, they are correct, however there is an argument as to when that date is. The date should be the date they could have called in the debt. So that depends on the terms of the account, however I think you said that you hadn't had any contact or made any payments for about 10 years. So there's 4 years where they could have defaulted you but didn't ?

Do you have a better idea of those dates ?

I have to Welcome / DCA cases now Luckily one defendant has all the documents the Demand for payments and the Final Demand were sent 2 weeks apart the default was registered 3 years 7 months later the account was assigned according to data on the claim just 10 days later.
I've challenged this crap before with another debt purchaser with success.

nem

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi Guys,

I've received a response from BC stating that their clients position is that the limitation period runs from the date the original creditor became entitled to demand payment! They say the account fell into default on 1st August 2010 & the claim was issued on 23rd Sep 2015!

This isn't true. How long can a creditor wait until they default the account? Not sure what to do next!

It runs from the cause of action, which is a bit like when they become entitled to demand payment, however, that wouldn't be years after you defaulted. The only time it could be the case is with a small overdrawn balance where the bank doesn't bother to recall the overdraft for years.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

It runs from the cause of action, which is a bit like when they become entitled to demand payment, however, that wouldn't be years after you defaulted. The only time it could be the case is with a small overdrawn balance where the bank doesn't bother to recall the overdraft for years.

You are wrong on this many of the Welcome agreements/accounts have been defaulted just prior to them being sold.
It seem you may be a little confused here.
The point is the alleged date of a Demand for Payment in Full and or a Final Demand it a long time prior to the actual default bein registered, leading to the situation that is likely here a very late default which can and has been challenged in the past.

nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Also funny that they are saying 2010! It doesn't appear on my credit file so I'd like to know how?!?

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Sorry guys, just noticed the responses. The last payments made on this account would have been 2005 so I'd say 2006 at the very latest. Unfortunately I can't recall when I had a final demand/default but it would have been a very long time ago. Again, it's not on my credit file.

[nemesis45]

Re: Lowell pursuing 10 plus year old debt via CCJ

[QUOTE=Evocoxy;583706]Also funny that they are saying 2010! It doesn't appear on my credit file so I'd like to know how?!?[/QUOTE
Some of these account were sold on so quickly the CRA files were not updated. I think a leaf was taken out of some payday loan providers books defaulting then selling without registering the default.
All defaulted debts are removed from CRA files after 6 years paid or not.
nem

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hey Nem, what does this mean for me? Do I just file this defence on MCOL?

Thanks

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

You are wrong on this many of the Welcome agreements/accounts have been defaulted just prior to them being sold.
It seem you may be a little confused here.
The point is the alleged date of a Demand for Payment in Full and or a Final Demand it a long time prior to the actual default bein registered, leading to the situation that is likely here a very late default which can and has been challenged in the past.

I think you may also be a little confused since CRA reporting has nothing to do with limitation, which is what counts for the purpose of defending a claim as opposed to trying to get the credit records straightened out. Default dates on credit files have nothing to do with whether a debt is SBd or not, even when some cheeky sods (notably Lowell) have tried to use that argument. :mmph:

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

Sorry guys, just noticed the responses. The last payments made on this account would have been 2005 so I'd say 2006 at the very latest. Unfortunately I can't recall when I had a final demand/default but it would have been a very long time ago.

In that case it should be SBd. :thumb:

Again, it's not on my credit file.

It wouldn't be if it was defaulted that long ago, defaults only stay on file for six years.

Hey Nem, what does this mean for me? Do I just file this defence on MCOL?

The response you got from Carter arguing the SBd dates, was that a response to your defence? Or did you just send one of Nem's letters? :confused2: I'm sorry it's not very clear.

If you have filed a defence then there's no need to do it again, however, if it was just one of them letters, you still need to file a proper defence on the MCOL site. :typing:

[Evocoxy]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi,

No, I haven't put the defence on MCOL, this was in response to the letter I sent to BC. What do I need to put as defence on MCOL? Info greatly received, thanks.

[Berniethebolt]

Re: Lowell pursuing 10 plus year old debt via CCJ

I would have thought that the defence will be multi pronged
1) Statute barred
2) What you can or can not glean from the CCA and CRP requests

As for the COA , well we know that the odd judge have decided that the COA is when the default notice is issued however leaving a gap or several years should be classed as abuse of process

I had one small account that was defaulted against all ICO guidelines 3 years after I went into a DMP however when challenged the default date was changed and the account written off.

I think tyhe lesson is not to put all your eggs in one basket

[FlamingParrot]

Re: Lowell pursuing 10 plus year old debt via CCJ

Hi,

No, I haven't put the defence on MCOL, this was in response to the letter I sent to BC.

Morning

Unfortunately sending those letters to Carter seems to have that effect on him, :mmph: there was another case a few months ago where a similar letter was sent to the court and taken as a defence, which is why I asked. Just as well this hasn't been the case here.

What do I need to put as defence on MCOL? Info greatly received, thanks.

I would have thought that the defence will be multi pronged
1) Statute barred
2) What you can or can not glean from the CCA and CRP requests

Indeed, it has to say both that the debt is statute barred and that they haven't complied. There is an example that combines both sides here: http://www.legalbeagles.info/forums/...958#post570958
[MENTION=72741]Evocoxy[/MENTION] - it would be good if you could take the relevant bits from there and post up your draft on this thread before submitting it, i.e. what have/haven't they complied with in terms of CCA/CPR requests for documents. :typing:

As for the COA , well we know that the odd judge have decided that the COA is when the default notice is issued however leaving a gap or several years should be classed as abuse of process

Even when in that case the DN was issued in a timely manner from what I've read, the case is in the process of being appealed. :grin: I know who is dealing with the appeal and they are very optimistic. :thumb:

I had one small account that was defaulted against all ICO guidelines 3 years after I went into a DMP however when challenged the default date was changed and the account written off.

I think tyhe lesson is not to put all your eggs in one basket

DMPs are trickier because creditors often just use AP markers rather than defaulting, however, this is only an issue when it comes to restoring your credit files to their former glory, not to do with limitation. If you were on a DMP then the clock would start to run from the last payment date, unlike contractual payments. :clock: