Difference in Credit reports!! 1 month before debt 6 yrs old- Bryan Carter

[Lin7305]

I received a letter from Bryan Carter stating court proceedings will be issued on the 10th March 2014

 

- Obviously panicked but luckily found this site.

 

I have looked up my credit report and Noodle shows a default notice for 17 April 2008

- this I believe is wrong as im sure i ceased payments (personal reasons etc) before this.

 

However, Equifax shows no default notice

- how can one credit report show one thing and another something else?

Very confusing.

Which one is correct?

 

This would mean (i think) its Statute barred and thanks to this site have downloaded template and will post recorded delivery monday.

 

Any advice re: credit report differences much appreciated

 

Also according to the default notice date on Noodle

ive around a month before its been a debt for 6 years

- should i still send the SB letter?

Thanks

[citizenB]

If you could establish for certain when the last payment was made, you would then need to add on a further 2 months to abe absolutely certain of the SB status.

 

The SB situation has been debated to death, however it is my understanding that you would need to be able to point to the time when the Creditor COULD have started to take action.

 

So for example..

 

Your last payment is January 2008 - the first payment that is then missed (February 2008) . The Creditor COULD send the default notice a couple of days later which would provide you with 14 days in which to remedy the breach - you dont.. so the Creditor COULD start the process of terminating the account/ sending a formal demand - selling the account on or issuing a claim themselves. So if you add on a couple of months from February.. say April 2008 you would then start the SB clock from then.

 

Most Default notices are not issued for some while after the missed payments - they also tend not to place default markers on credit files for some while even though the ICO suggests they should do it within 6 months.... just because the creditor doesnt is irrelevant IMHO - they could have.

[citizenB]

You could telephone the original creditor and simply ask the question. When was the last payment made to this account - they would not be able to start action until you missed the next payment, but the last payment date is a good place to start.

[BRIGADIER2JCS]

Noddle uses 2nd hand data provided by its "Parent" Call Credit and often shows data this in not up to date.

 

 

Also not all companies report to all three CRAs, some may use a different agency for varying "financial" products.

 

 

The default should be placed within 6 months of the cause of action.

[Lin7305]

Many thanks for all this advice..

 

Ive looked through paperwork and

have found last payment was made on the 7th Jan 2008

 

- I have a default notice letter dated the 14th March 2008

- but I also have a letter dated 30th April 2008 stating

' we refer to your recent communication with a form attached to start agreed payments'

- however this was around the time I had alot going on re: family and the slip for payments was never sent off.

 

So am I going by last payment?

date of default letter?

or last contact?

 

Thanks for the info re: credit report- this is very helpful

 

Thanks again!

[Lin7305]

maybe I should just querie the debt allowing time for the 6 year window? rather than send a SB letter?

[dx100uk]

whats the debt all about please

 

dx

[Lin7305]

Its a credit card debt

[Lin7305]

I tried to pay what was owed.

.set up payment plans etc

 

but due to many diferent reasons this didnt continue.

 

I believe my last payment of £20 was a token payment as was meant to pay minimum payment of £323

 

(this is what it asks for on the bill)

[Lin7305]

I had been arrears with this credit card since 2006- having written to them explaining my circumstances..so Its not like I completely ignored it.

[dx100uk]

whos the original creditor please

 

dx

[Lin7305]

ahh sorry- Its Halifax

[dx100uk]

that's better.

 

now have you ever had a thing called an notice of assignment yesrs ago when the debt was sold?

 

who's listed as the owner on the CRA file lowells I bet?

 

even had any discount letters over the years?

 

and have you moved in all this time?

 

dx

[Lin7305]

I dont seem to have a letter of assignment when debt was sold and

im usually very good at keeping records having owned my own business for yrs.

 

Lowell Financial Limited is listed as 'Client' but in the letter it reports that Fredrickson International Limited instructed Bryan Carter Solicitors so a tad confusing!

 

Yes ive had discount letters

( by this do you mean letters offering settlement figure at a reduced rate?)

but these have sometimes gone to wrong address etc..and ive collected at a later date..

 

I have moved 4 times since Jan 2008-2014 and 5 times between 2005-2008!!

[Lin7305]

have lived at current address for 3 yrs

[dx100uk]

Lowell/carter/freds are all the same

just the next bloke

at the next desk

in a diff coloured skirt.

 

one thing that good iscarter has written to your current address?

 

so he cant do the sneaky and issue a claim form to an old one

thus getting a judgement by default?

 

dx

[Lin7305]

hahaha..ahh ok. that clarifys things.

Yes the letter from Carter has come to my current address...

So what would you recommend I do? send SB letter ive written or ask for clarification of debt? or just ignore?

A Little confused as to best move.

Default date anniversary of 17th April is 6weeks and 5 days away!

[BRIGADIER2JCS]

Many thanks for all this advice..

 

Ive looked through paperwork and

have found last payment was made on the 7th Jan 2008

 

- I have a default notice letter dated the 14th March 2008

- but I also have a letter dated 30th April 2008 stating

' we refer to your recent communication with a form attached to start agreed payments'

- however this was around the time I had alot going on re: family and the slip for payments was never sent off.

 

So am I going by last payment?

date of default letter?

or last contact?

 

Thanks for the info re: credit report- this is very helpful

 

Thanks again!

The date of the default notice is Not the date the default is actually placed on the CRA files this may be up to 6 months after the DN is sent out.

[dx100uk]

its 50/50 if carter does issue a claim form following that letter.

 

lets see this letter please

 

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[Lin7305]

'its 50/50 if carter does issue a claim form following that letter'

 

Do you mean issue a claim form after the letter Carter has already sent and following no response from me ? or the SB letter I might send?

Whats a claim form?

[dx100uk]

a claim form is court proceedings

 

scan your letter from him up please

 

dx

[Lin7305]

Here we go. Have uploaded a photo- am hoping this is clear enough for you to read.[ATTACH=CONFIG]49526[/ATTACH]

[dx100uk]

follow the guide I posted

it must be PDF.

 

if you cant click and see it we cant

[dx100uk]

and REMOVE THE BARCODE AND POSTAL BARS TOO.

[Lin7305]

I dont have a scanner or a PDF converter..just seen the crap image so here goes:

 

 

Our Client: Lowell Financial Limited

'Balance £4676.20

 

Dear Miss.....

We have been instructed by Fredrickson International Limited on behalf of Lowell Financial Limited

to issue court proceedings on 10 Mar 2014 if payment of this debt is not received by us 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 0845 3133128 to make payment before 10 Mar 2014 if you wish to avoid the matter going to court.

 

Please see reverse of this letter for full details of the different types of payment methods we can accept.

 

You can also manage your account online at www.bryancartersolicitors.co.uk

 

If you dispute liability for this debt please provide 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 legal advice.

 

yours sincerely

Bryan Carter Solicitors.