Bryan Carter (Capital one)

[surreyscouse]

Evening guys,

 

long story short, had cap one card and not paid since January 2009 so as far as i'm concerned it's statute barred.

Default on credit file July 2009 so due to come off in a couple of months.

 

Late last year it was purchased by Lowell who i strung along until it was SB and

they've since passed it to Fredricksons and now Bryan Carter who've just sent me a letter advising me to pay (not a chance)

or they'll issue proceedings in 14 days without further notice to myself.

 

I've seen on here that they try to bend the rules on SB and say it's from the date of default etc. which we know isn't true,

even if they took me to court i think the time will have passed for both SB and the default will be gone.

 

Is there anything i need to do in respect of this letter do you think?

 

Their letter is dated 30/4 and has conveniently just arrived today saying i need to pay by 14/5.

 

Thanks

[Bazooka Boo]

IMO I would wait for his next foolish missive, if he issues papers then you defend.

 

Do you know when you last paid anything towards this? 100%?

 

If it was Jan09 then it will be SB like you say, just wait for his next move IMO..

[surreyscouse]

definitely January 2009 - I got all the statements from Lowells to be sure. I believe it's up to them to prove i've paid anything since and i most certain haven't.

[Bazooka Boo]

Well in that case then, I would wait until he wastes his time & money issuing a claim then defend it as SB.

[surreyscouse]

do you reckon i should send the SB letter or just chill out and see if they issue proceedings? Surely they must write another letter before issuing proceedings? They can't do it after just one letter.

 

I can see this all being just one huge hassle i could do without, although i'll probably enjoy the challenge !

[i hate bailiffs]

Well in that case then, I would wait until he wastes his time & money issuing a claim then defend it as SB.

 

As bazooka states

 

Ignore them for now let them wast THEIR money on issuing a claim

[surreyscouse]

Thanks - i'll sit tight, just double checked all the account statements Lowells sent me and defo no payment since Jan 2009. Hopefully they'll work out i can drag this beyond the default coming off and they clearly wouldn't have a leg to stand on.

[Bazooka Boo]

The default marker doesn't have any reflection on the status of the debt, if you last paid in Jan09 then it is already SB, and the default will auto drop off your file on it's 6th anniversary regardless.

[dx100uk]

and the debt too.

 

 

save the SB trump card for if he's stupid enough to issue a claim.

 

 

dx

[surreyscouse]

Will do and will keep you posted if anything does turn up.