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Hi
seems there are quite a few posts regarding these so they must be upping aggressive tactics......
i recieved a court claim to my ex's address. i lived there very briefly in 2012.
anyway, i applied for an ack of service in order to defend a debt that is from 2006. in all honesty i feel i've brought this on myself as this debt reappeared on my credit report in january with a december 2008 default date and i denied having this through equifax.i have had no contact with Lowell, who took over the debt at some point (but i dont know when).
the deadline for the defence was 16 May and i didnt do a great job of articulating myself.
after the first letter-so during the ack of service period-i emailed bryan c and lowell advising the debt was statute barred and asking for evidence to proove it wasnt. BC replied stating a payment was made in nov 2013. i asked for proof of payment and advised i could proove nothing came from my bank acc (obv then
Where do i go if they say it was a cash payment?!).
my defence very simply detailed our exchange of emails and i advised i had had no contact with anyone during any point until now. i spoke to cab and they said it was simple-bc/lowell need to proove its not statute barred. the response from bc has been all about this payment specifically.
my main concern is that my defense was rubbish and that it could hindge on what could be fraudulent evidence. i assume they may say a payment was made in person at the address. i dont evenly believe bc are communicating withlowell re any of my correspondence.
i also have huge concerns about this updated info on my credit report-this is an old co-op account and from my uni days so pre 2007. i have no info and i was living in a different city with a new bank acc etc etc for a year before the new default date......
the stage im at now is a letter dated 23 may was sent from bc to the court saying they were proceeding with the claim after recieving my defence. i got this on 26 may. then on 30 may i received another letter dated again on 23 may advising of a payment plan. i emailed advising they should send things recorded delivery as the deadline in the payment plan letter was the day i recieved the letter. i got a response on saturday saying lowell will forward evidence to the court.
there's no doubt in my mind this is certainly statute barred but have i shot myself in the foot with my defence? can i contest their evidence? can i forward any complaints about my new, dubious, default dates on my report? would it have been better to ignore the claim and get it set aside as it never went to my current address?and where on earth can i go from here? should have done this ages ago
seems there are quite a few posts regarding these so they must be upping aggressive tactics......
i recieved a court claim to my ex's address. i lived there very briefly in 2012.
anyway, i applied for an ack of service in order to defend a debt that is from 2006. in all honesty i feel i've brought this on myself as this debt reappeared on my credit report in january with a december 2008 default date and i denied having this through equifax.i have had no contact with Lowell, who took over the debt at some point (but i dont know when).
the deadline for the defence was 16 May and i didnt do a great job of articulating myself.
after the first letter-so during the ack of service period-i emailed bryan c and lowell advising the debt was statute barred and asking for evidence to proove it wasnt. BC replied stating a payment was made in nov 2013. i asked for proof of payment and advised i could proove nothing came from my bank acc (obv then
Where do i go if they say it was a cash payment?!).
my defence very simply detailed our exchange of emails and i advised i had had no contact with anyone during any point until now. i spoke to cab and they said it was simple-bc/lowell need to proove its not statute barred. the response from bc has been all about this payment specifically.
my main concern is that my defense was rubbish and that it could hindge on what could be fraudulent evidence. i assume they may say a payment was made in person at the address. i dont evenly believe bc are communicating withlowell re any of my correspondence.
i also have huge concerns about this updated info on my credit report-this is an old co-op account and from my uni days so pre 2007. i have no info and i was living in a different city with a new bank acc etc etc for a year before the new default date......
the stage im at now is a letter dated 23 may was sent from bc to the court saying they were proceeding with the claim after recieving my defence. i got this on 26 may. then on 30 may i received another letter dated again on 23 may advising of a payment plan. i emailed advising they should send things recorded delivery as the deadline in the payment plan letter was the day i recieved the letter. i got a response on saturday saying lowell will forward evidence to the court.
there's no doubt in my mind this is certainly statute barred but have i shot myself in the foot with my defence? can i contest their evidence? can i forward any complaints about my new, dubious, default dates on my report? would it have been better to ignore the claim and get it set aside as it never went to my current address?and where on earth can i go from here? should have done this ages ago
