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Please help- Lowell account statute barred debt

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  • Please help- Lowell account statute barred debt

    Please could some one help me. I am not very experienced or knowledgeable within this area so please excuse me if I don't understand. This is quite detailed as been going on for a while now. I have won for the CCJ to be set a side but has now turned a different corner and really need Elphinstone with this.
    I have a statute barred debt with HFC that had been sold to Bryan Carter solicitors and then on to Lowell Solicitors. The debt was just over £6000.
    I opened the account in 2006 and defaulted in 2008/2009 due to personal reasons. I did ignore this debt over the years and made no contact or acknowledged the debt.
    In September 2015 I recieved a photocopied letter stating that I needed to reply to the county court for a judgement claim. I rang the Northampton county court to check this was legit as it had no details of the company whined had placed it. I explained that I had recieved no paperwork or claim pack etc and they gave Bryan Carter solicitors details and told me to contact them and explain the details. At this time I had no idea of my rights or what I needed to do.
    I spoke with Bryan Carter and explained what the court had said and asked if this could be stopped before going to county court judgement. Bryan Carter had stated that they would withdraw the claim if I agreeded to a repayment of £5 per month etc. They explained that I didn't need to do anything or contact the court as we had spoken over the phone.
    In October 2016 I went to see a financial advisor to discuss getting a mortgage and opened an experian account. I then realised that they had continued with the CCJ. Dated October 2015. I explained everything and was advised that this was actually a statute barred debt for one and that they hadn't followed procedures because I hadn't recieved the paper work and also that it should have been a judgement by admission rather than default. I contacted a legal advisor whom has been hiding me but I fear she has steered me the wrong way near the end of court proceedings.
    I applied to have the judgement set aside based on those 3 points.
    1. The procedures hadn't been followed correctly. I hadn't recieved any paperwork.
    2. This was a judgement by default and incorrectly entered as would of been admission.
    3. I believed that this was a statute barred debt at time of court proceedings.
    During this time I sent a subject access request for all documents and proof of a defaulted date as I disputed the default date of 12/11/2011 from my credit file and to prove that this wasn't a statue barred debt and a copy of the judgement that I didn't have. Lowell responded and had only sent letters of our recent communication no default notice, no documentation of before 2016.
    I received a court date to attend of which I attended and Lowell didn't as I had not recieved the email that they had already accepted the application. It was explained to me by the judge that he was happy to set a hearing date which would of been coming up on April 2017.
    When I recieved the letter for the hearing it stated that the judgement had ordered for the CCJ to be set a side. It also stated that mediation may a way forward etc. It was for Lowell to pay the court hearing as I became the defendant and they had become the claimant.
    I entered my witness statement with all documents I had and proof of all letters.
    I recieved at the beginning of March and email and phone call from my Legal Advisor that Lowell had requested a notice of Discontinuance and they wanted to the a commercial review and enter a 'without Prejudice' Notice of Discontinuance. And that no further court action to be taken.
    I was advised that this would mean nothing further would happen? I responded that I would agree on the conditions that judgement be set aside as I hadn't realised it had already been removed and that they accepted and acknowledged that this was a stature barred debt. And no further court action. I disputed the 'without Prejudice' as this meant that they could reopen a case. Lowell emailed and said they could confirm judgement was removed, proceedings were being issued to be removed and no further court action to be taken but that they did not believe it was started barred and they believe the default date to be correct. I had disputed this and said i wanted to continue with the hearing but they said as they were the ones to originally put the claim in they were allowed to withdraw with out my permission. I explained I wasn't happy to my advisor who said i was over thinking it and I had in writing no further action to be taken.
    I requested an unequivocal email stating proceedings withdrawn and no further action to be taken to forward to Experian to have my account adjusted and have requested it be removed of which Lowell responded and sent me the email. I am awaiting response from experian. However as of this morning I checked my account and they have changed the default date to 19.02.2017 and the amount to £8124? How are they allowed to do this? I rang Lowell and the solicitor involved was 'unavailable' and have put a complaint in a and asked why this has happened? They said they would get back to me. What can I do know and how do I go about getting this removed permanently it's making me ill! I'm trying to plan my future and it's just made it worse. Please someone help me.
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