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Forgive my Sherlock Holmes type topic header… I am in desperate need of some advice from you good people in this forum, as I have now hit a metaphorical brick wall. Some years ago I had an EGG credit card. The card had been used and in operation for about five and half years, during this time there had been no missed repayments. Then during mid 2009, the minimum repayments were inexplicably increased by around 50%. At the time it seemed that they were almost trying to engineer a default. I am self-employed and business wasn’t doing so well, so in May 2009 I wrote to EGG and explained this and made reduced repayment proposals to service the debt. I had no responses. After many unsuccessful attempts to contact them and elicit a response, I defaulted on the debt. In December of 2009 I received a letter from Fredrickson claiming that I had failed to make a repayment proposal (although I had done so on many occasions, plus sent them all by recorded post). Then, all went quiet for a long period of time… The first I knew of any sort of problem was when I received a CCJ "Judgment By Default" through the post in 2011. I was totally unaware that there had been a court summons issued to attend Bradford County Court. Not knowing about this, coupled with the fact that Bradford is nowhere near where I live, I missed it all. I then took it to my local court whereby Bryan Carter Solicitors became involved (representing Egg). The judge made the Interim Charging Order final and accepted my proposed terms of payment. Curiously, Bryan Carter Solicitors did not show up at the court, which did annoy the judge, but the rule of losing your case by non-attendance didn’t seem to apply to them – which in itself is bizarre and unfair. The upshot of all this is that I made arrangements to make repayments every calendar month to Bryan Carter Solicitors and this remained in place. I continued to pay this for the next two and a half years. After this time, my self-employed business hit further hard times and I had to cancel the repayments. This was a decision I did not take lightly, but I simply had to stop due to hardship. I informed Bryan Carter, but no response was received. Life carried on and I was (and still am) rebuilding my self-employed business. Recently, I decided that I wanted to resume the repayment plan and reinstate the standing order. On August 10 of this year, I sent a recorded “signed for” letter to Bryan Carter Solicitors requesting them for a statement of the account and asking if their standing order details are still valid. I even asked if they were still overseeing the Egg debt. I heard nothing back from my letter, despite knowing that it had been signed for on 14 August. I then came across articles on the Internet stating that Bryan Carter Solicitors had been dissolved. I am now very concerned for many reasons: During the time of I have been making repayments to Bryan Carter, I have never received a statement (or acknowledgement of monies received) What has been happening to my money? Who has got it? I am still confused how an unsecured credit card debt can find its way to morphing into a charge against my property, but it has happened. Having said that – how do I go about repaying this debt back (and to whom?) or getting rid of the charge against my property? Whom do I have to contact to get things moving again? Somehow, I feel that the finance industry has pulled a few stokes here and reverted to type. I just do not know which way to turn. The original credit card debt was around £8,000. It somehow reached over £9,000 during the court debacle – God knows what has being going on with this debt amount behind the scenes during this hiatus. This is why I need… HELP!!! CITIZEN XYZ
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My wife received a letter from Lowell/Brian Carter with a return address of a PO box in Huddersfield claiming a debt owed to JD Williams. We live in Northants. My wife does not acknowledge any debt to Lowell and if/when these parasites issue a CCJ Can I demand the presence of a Solicitor from Brian Carter in court to be cross examined as to the validity or indeed the existence of the alleged debt? Rhino69
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I hope Someone can help me as I am in a panic and angry at myself for being so stupid:-x I was served with Proceedings for an old vanquis card which Lowell took over and Bryan Carter issued proceedings. I filed defence and did everything I needed and the matter was allocated to small claims at my local county court for hearing on 30th March. I had problems with both Lowell and Brian Carter in that although I knew I had a balance outstanding on the account and was prepared to negotiate a settlement I did request copy credit agreements as I believed there may be PPI on the card (I had recently had a few successful claims paid out so knew that this card must also have PPI) Also they were claiming almost 4000 when the credit card only had a credit limit of 1000.00. I have never received any paperwork relating to the amounts or copy credit agreement. I received the directions Order for the hearing about 2 weeks ago I received a letter from Bryan Carter saying they were no longer instructed and they had returned the file to their client. Yesterday I received an order from the court stating that my defence had been struck out as I had failed to comply with the direction of the Order dated 25th January. I checked over this Order and I could not see anything at all that I had to comply with. Today I received another order stating the hearing had been vacated and the claimants could apply in writing for judgement detailing clearly the claim they are making. I checked and checked over the Order and could not see anything I had not complied with. I have been so careful with dates etc to make sure everything was filed on time. tonight I have checked through the file that I have been keeping my paperwork in and I even checked the envelopes the letters etc cam in .... .lo and behold in the envelope that the directions order was in (as well as a leaflet on the Court services ) was a second order ahhh. I cannot believe I missed it I took the original order out which is 3 pages and left the leaflet in and obviously the second court Order. I felt like crying I was so annoyed with myself. this Order states that I have to file a statement of truth by 18th February!!!! I am gutted and just want to know if this is the end and Lowell will get a judgment against me for thousands over what I owed initially and get away with ignoring their legal obligation to provided paperwork any advise would be great. Thanks Guys -
I have been battling a claim with Bryan Carter on a Shop Direct account they state I opened in 2006 and defaulted on. I have no knowledge of the account. They have issued proceedings that I have defended, and also I have served a CCA s77/78 on them in between. Their only evidence is a blank unsigned reconstituted credit agreement date April 2006. So far they have offered no other information under CCA, only that their client will be in touch. This was 2 months ago. Since then the Court case has been allocated to a small claims hearing in Jan. I have returned a final defence, along the lines of the CCA, and stating the fact that its a blank recon credit agreement. The judge made an order that a final claim and defence be lodged last week to all parties, however I have not had their final claim/papers in the post and its now past the deadline the judge set. Although they have in fact paid the hearing fee ? My question is, should I now make the court aware that I have not received their final defence as was ordered by the Judge. Is there a process or protocol to do this ? I would have thought they are now in breach of the order prior to hearing going ahead. Any advice gratefully received. Thanks -
Hi all, I have received the obligatory letter from BC, acting on behalf of Lowell who are acting on behalf of Orange lol. I've got the standard "you have 14 days to pay us or we're taking you to the small claims court" letter. Is it best for me to ignore this as per title? The debt is not statute barred. Many thanks -
Hi all, The last 6 months or so i've been finally cleaning up my credit file and dealing with various debts i built up over several years. In early 2012 got stuck in a pay day loan cycle and my brother died in his 30's and i suffered depression and barely kept going at work and just buried my head in the sand. Whilst this was going on i had bought a couple of items ( as far as i remember) from Littlewoods mail order catalogue. At the time i'd totally given up my credit file and was in no condition to be taking credit to be honest. out of the Blue 18 months later, Bryan Carter on behalf of Lowells sent me a court claim form for Northampton Bulk Centre. I was in no fit state to deal with it properly , had no knowledge and had no energy to defend it/didn't know on what grounds .A little i did read on here was to ask Bryan Carter for a Consent Order so i would avoid a judgement , i offered £15 a month and they accepted the amount. They jumped on my naivety and sent me the claim form and said first thing to do was fill in that you accept liability and write on it you offer £15a month. I assumed this would then go to a judge and he'd sign it off and Consent order done. Well as you can guess the judgement came through not long after. Immediately after it dawned on me the amount was way out, was around £840 the claim and i'm paying back nearly £1100 with court fees. I'd not seen a default notice, notice of assignment, breakdown of figures , any contract or anything. The default balance was £688 and that's with around 4 months of anything Littlewoods may have initially added to it . I believe i bought around £450 of goods and i am content to pay what i truly owe. So i estimate Littlewoods added atleast £100-£150 in fees , and Lowells near enough £150 .I've repaid £250 so far. I know its frowned upon to apply for a set-aside ages after the claim, in this case 18 months. However would it be judged on it's merits if i could convince a judge i was mentally not able to deal with my finances at the time and since the CCJ i've got doubts about the amount and have seen no paperwork at all . I'm confident if i was dealing with this claim today and it had just arrived that i'd have a very strong defence to the amounts and would make sure the paperwork was there and adequate. To get it gone i'm happy to consult a consumer legal professional and if they think i'm worth backing maybe one could represent me on the day so i don't get stuck .I'm in Northampton anyway so local to the court. Would representation show i'm taking it seriously or be seen negatively? I appreciate any help as its my only CCJ on file (got some few year old defaults but clean history/no borrowing last few years other than the CCJ) .Couple of jobs i've gone for have said it might be an issue if i do financial work. Many Thanks James
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I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me. I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell. 2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582 I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue. Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement? Thanks for your time reading this.
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Hi guys I've just received a "Letter Of Claim" from Bryan Carter solicitors regarding 2 debts, 1 is an old catalogue debt and the other is from Orange. they have been instructed by Fredrickson international on behalf of our client Lowell Financial regarding a shop direct account/three mobil account, to commence legal action against me in the county court in respect of this debt. They have given me 14 days to respond or a Claim will be issued against me without further notice. Both debts are from early 2010 and the last payments where around June 2010. Shop direct is £477.08 and the Three mobile is £258.49 What's the next step to this, is there any letters that I should be sending them regarding proof of the debt etc. Thanks Mitsy -
Hi all, I received a claim form from the Northampton CCBC a couple of days ago, I have already filed an acknowledgement online with MCOL stating my intention to defend in full. Name of claimant: Lowell Portfolio I Ltd Date of issue: 22nd September 2015 What is the claim for: The claim is for £xxx.xx, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. The debt was assigned to / purchased by Lowell Portfolio I Ltd, on 23/12/2011 and notice served pursuant to the law of property act 1925. Particulars RE- O2 (UK) Ltd A/C No xxxxxxxxxx, And the claimant claims £xxx.xx The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £58.18. Value of the claim: £xxx + court fee £60 + solicitor's costs £70 total: £xxx The claim was for an O2 mobile phone contract. Original account started: Unknown 2010 maybe? It is not the original creditor who has issued proceedings. I was unaware the debt had been assigned and did not receive notice of this, I have moved more than 5 times in the last 6 years. I can not remember receiving a default notice again this may possibly be due to the number of times I have moved. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. I was unable to continue making payments with the original creditor due to financial difficulties I had at the time, mainly due to being made redundant. There was no dispute with the original creditor. I did not communicate my problems with the original creditor or enter any dmp. Since receiving this I have only acknowledged receipt of the claim form via MCOL online. Is the next step to send a CCA Request letter to the Lowell and a CPR request letter to their Bryan Carter?
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Evening Folks, Apologies if this is in the wrong section, if it is could the mods kindly move it. I have arrived home today with my wife to find that my wife has kindly received in the post a CCJ obtained by Lowell(Claimant)/Bryan Carter Solicitors on 16/09/2015. Now this has come as a bit of a shock as we have received no prior correspondence from them regarding this debt or anything to state there would be any date to appear in court to deal with this. The judgment has also been obtained in my wife's maiden name, despite us being married for 3 years. I would greatly appreciate any help to urgently deal with this. Many Thanks G__M
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My first time using a forum ever, wish i had done this sooner .... ill try and explain best i can. had a Lloyds bank account roughly 5 years ago, changed bank accounts since and thought nothing of it. I then received a County Court Claim form on 28th April 2015 then a letter from Bryan Carter Solicitors on 29th april 2015 out of the blue saying i owe £270 The claim form states : Particulars of claim The claimants claim is for the sum of 181.10, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds. Under account reference XXXXXXXX and assigned to the claimant on 03/07/13, notice of which has been given the the defendant (Ive never received this) the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with (again not received) And the claimant claims 181.10 the claimant also claims statutory interest pursuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 14.49 in brief i replied to the court and sent in a defence stating that i had never received the default notice nor any other correspondence before the claim form and that i had requested a copy of the credit agreement including the £1.00 payment but no reply . (i sent them recorded delivery and have the signature as proof they were received) They offered mediation to which i said yes but when i spoke to the mediation team it wasn't suitable as i had still not received a copy of the agreement i had requested for a second time. the last reply i got from bryan carter was on 17th july 2015: "we confirm we are taking further instruction from our client in regards to your request for documentation under the consumer credit act 1974 and we will revert back to you in due course. We confirm the production of these documents at a later date will rectify any earlier breaches." Then on the 11/8/2015 i received notice of allocation to the small claims track (hearing) My hearing is on the 16th October and i need to put in a witness statement 2 weeks before that... ... i dont know where to start with it? and also after reading a few other threads i think i should have asked for CPR 31.14 at the beginning but i didnt:| its really weighing heavy on my mind now and just want to get this statement in and let the court decide its not a very large amount i keep thinking i should just give in and pay (not that i have that to hand) but then i think why should i when i dont have any information about this debt??? any help would be so much appriciated!!! -
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Well more interesting news from the Grapevine... Interesting... I wonder if it means that BC will be bought out or if they will go from scratch... -
Hi all First time posting so please bare with me I have recently received a CCJ for a debt from a mobile phone I obtained back in 2007/08 unsure of the exact timing of obtaining this phone but it was around this date. I stopped paying the phone as I got a rather large bill which I disputed, phone was cut off and lost in the end... I stopped paying the phone around 4 months after purchase so must have been in 2008... I forgot all about this debt when I recently moved back in with my parents I had a bailiff from thr county court knocking at my parents house with a form where I had to supply my incomings and outgoings, this was in april 2015. I fillled the form in out fear really had no idea at this point what the debt was for... I have now been ordered to pay bryan carter solicitors £150 per month till the balance of £2006.89 is paid off. I have made one payment of £150 in June 2015 since and am reluctant to pay the rest now I have realised what it is I'm paying for. I believe the debt to be statute barred as there must have been 6 clear years from the last payment I made. I had made no written acknowledgement to the original company O2 for this debt. I'm wandering now I have made a payment etc can I still challenge this ccj and how would I go about ithis? Thanks in advance -
Hello everyone. I have found myself to be in a predicament and urgently need your advice. Situation: I have 3 debts with Lowell totalling £410. I recently got an experian credit check to see what my score was. At this moment in time it is 640. After speaking to StepChange about sorting out my debt they advised me that I could either talk to them individually and make token payments till my situation changes (I am on JSA and receive £146 every fortnight/£293 a month) or apply for a debt relief order (My total debts including other creditors = £1100). The DRO was mentioned as the final last result since it stays on your credit file for 6 years (Would be there until 2021!). StepChange advised me to inform my creditors that I was in the process of talking to them, so that I would have 30 days without any action being taken against me. I spoke to Lowell about my situation and that I was talking advice from StepChange. The agent I spoke to mentioned that they had more than one debt in my name and that they had recently taken on another one. After mentioning that I was speaking to StepChange the agent told me my account would be placed on hold for 30 days (I called them on the 13th August). I received two letters from them dated the 14th August each for different bills, but I did not receive one for my £211 debt. Yesterday (21st August) I received a Claimform (Dated the 20th August) from Lowell and Bryan Carter Solicitors. The original debt was £211 and based on interest has risen to £218. Additionally, £25 court fee and £50 solicitor fee has been added making the total £293. What would you recommend? Firstly if I was to pay the Claimform within 30 days (So that it doesn't stay on record for 6 years) would I have to pay the "Amount Claimed" which is £218 or would I have to pay the total cost of £293? This solution would leave me in an extremely bad position as I can barely afford things as it is. Furthermore, what is my position in that Lowell knew I was talking to StepChange and only put 2 out of 3 accounts on hold thus leading to the claimform being taken against me? They have put two accounts on hold which total £199 which they know I am struggling to pay, yet send a Claimform for the one that costs even more! (£218). I don't get why they wouldn't apply this hold on to all of my accounts that they hold for me -
Hi i am new to the forum and would appreciate any help or guidance through the tough battle i have on my hands. i have recently received a letter from Bryan carter solicitors i have attached this. this is the first letter i have received regarding this issue from Bryan carter i have never received any correspondence from the court regarding any court appearance or debt acceptance form. i have not even received any confirmation from the court regarding the award of the ccj to Bryan carter or the amount set as per the repayments. the debt is for private photography images that were never accepted and sent back to the supplier back in 2007. I have never been in receipt of any further correspondence with the digital media supplier and have never acknowledged any of this debt since then. I now want to have this ccj set aside and to formulate a defence against Bryan carter in a view to have the debt cancel due to being statute barred and mainly due to the fact the product was returned and the claim should never have been set against myself any help with this would be much appreciated and i want to get a letter out to both the court and Bryan carter this weekend thanks in advance Rebecca -
lowell/carter claim - old welcome finance 'debt'
Jocker2000 posted a topic in Financial Legal Issues
Hi All I am a first time user here please accept my apolgies for any mistakes I make! I have received a County Court Claim form from Bryan carter solictors acting on behalf of Lowell Portfolio the original debt was with welcome finance 9 years ago. I fell into financial difficulty due to divorce and was unable to pay the loan to Welcome, the last payment I made to Welcome finance was 22nd May 2009 ( although I need to clarify this payment with my bank) and the Issue date of the paperwork was the 22nd May 2015. I have never acknowledged the debt to Lowell or Brian Carter solicitors or made any payment to either of them, I also received a letter from Frederickson International as well (9th April 2015) also stating that was acting on behalf of Lowell Financial Ltd again I did not respond. I have answered the claim form stating I would like to defend the case and was looking for some advice on how to do so. I have followed some advice on here and sent a CPR 31.14 request along with a £1 postal order along with a letter asking for a full breakdown of my account. I also sent another letter requesting copies of the default notice, assignment and Formal demand. I received a reply from Bryan Carter ( attached) stating that its a simple contractual matter and part 31 of the civil procedure rules will not apply and in any event the notices of default and assignment left the control of the claimant when they were dispatched to me, they also state it is the original creditors policy to issue agreements at the start of the contract and statements throughout the agreement and in this regard we ask you to refer to my own records. I have not yet received a copies of the following: A copy of the agreement A copy of the original assignment form and any consideration paid a copy of any formal demands or default notices I have received a breakdown of costs allegedly from Welcome finance which includes £734.25 worth of charges and fees ( Total debt £3953.67 ) The Claim form states a total claimed of £4534.98 as they have added the court costs and solicitors fees twice by mistake! I am just waiting for a court date what if anything can I do in the meantime, my credit file is now decent for the first time in 6 years! Many many thanks in advance! -
Name of the Claimant ? Lowell portfolio I ltd Date of issue – 10 july 2015 What is the claim for – the reason they have issued the claim? 1.the claimants claim is for the sum of 724.73 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under account reference xxxxxxx and assigned to the claimant on 23/02/2012, notice of which has been given to the defendant. 2.the defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been complied with. 3.and the claimant claims 724.73 the claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date o assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 57.96 What is the value of the claim? 782.69 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? after Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure but probably Did you receive a Default Notice from the original creditor? again not sure but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure Why did you cease payments? was self employed at the time and was going out of business What was the date of your last payment? don't know, not recent Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no -
Hi, I am really stressed. I have received claim forms for the County Court for a HBOS debt being claimed by Lowell/Bryan Carter. The claim is for £740. I did have a Halifax account a few years ago and it went into arrears for around £150. Is there anyway I can ask the court for them to make Bryan Carter provide full information for the amount claimed as I am not certain it is this debt and can't work out how it has gotten to so much? TIA -
Hi all I have just received the following claim form from Lowell (Bryan carter) regarding an old bank account I had with HBOS: Claimant name: Lowell portfolio ltd Issue date: 18th June 2015 P.O.C: The claimants claim is for the sum of £206.99, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant HBOS PLC under account reference 804xxxxxxxx257 and assigned to the claimant on 3/7/2013, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £206.99 The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 16.57 The total amount being claimed is £298.56. First of all I want to say that I intend to defend this claim in full. In July 2008 I received a letter from HBOS stating that I had gone overdrawn on my account. I was told that I would receive bank charges of £35 and a further charge of £28 for an unauthorised overdraft fee. As I did not agree with these charges I wrote to them explaining that my account did not go overdrawn (According to the online banking system) After a week or so I received a reply stating that as a gesture of goodwill they would agree to remove the charges in full. The following month I received my new statement and the charges will still there I did try to explain to them that I had a letter stating that the charges had been dropped, but I didn't get anywhere with them This then spiralled into the above alleged debt which obviously I don't owe. I did receive a default notice, although I can't find it at present. I have the copy of the letter they sent me stating that all bank charges would be removed from my account. As you can see this goes back almost 7 years. I take it this would not be statute barred ? Does that apply to this ? I would appreciate any help on submitting a defence or if there is anything else I should do. If you need any more info then I will do my best to supply it. thanks Lee -
Name of the Claimant ? Lowell Portfolio LTD Date of issue – 19/05/15 What is the claim for – The Claimants Claim is for the sum of £400 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference XXXXXXXXXXXXXXXX and assigned to the claimant on xx/07/2014 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. and the claimant claims £400 The Claimant Also claims statutory interest pursuant to S69 of the county act 1984 at a rate of 8% per annum from the date of assingment of the agreement to date, but limited to a maximum of one year and a maximum of 1000 amounting to 25.00 What is the value of the claim? £510 (400 + 25 interest +35 court fee + 50 Solicitors cost) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not to the best of my recollection Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Husband became unemployed What was the date of your last payment? unknown, quite possibly over 6 years Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? yes, they weren't interested -
Hi all. Need some advice, please DH had an Egg credit card and we defaulted during a rather dark period of our lives. The account was passed on to Bryan Carter who took him to court in Jan 2011. We didn't contest it or turn up to the court date (which wasn't in our local court, but some 200 miles away) and a Charging Order was placed on our property. We're currently trying to sort our financial affairs out as we want to move next year. The "amount owing under judgement or order given on 18 June 2010 by the court, together with any interest becoming due and £268 the costs of the application" Surely, as the amount is under £5k, interest would not be payable? Is this just standard wording, or have the court given them carte blanche to charge us for that too? We have been paying £30 a month to Bryan Carter since 2011 but have never received any statements of account and we now want rid of this, so that we can start to repair our credit rating and get the charging order removed. Is it possible to attempt to fight this retrospectively? We have never asked for CCA's to prove liability or that the agreement was worded correctly; or for any statements of account on the original debt (and we know how bad these companies are for just plucking figures out of thin air! We're sure that the original debt was not this much) Is this worth doing now, or a bit pointless as it has already been through court? Alternatively, how open do you think they would be to accepting a full and final settlement for less than the amount outstanding? Many thanks for any help you can provide. -
Hi there, newbie here! I would be so grateful if I could get some advice and help on this. I've been reading so much on this awesome forum that my head is starting to spin. There's definitely loads to get through. Without further ado, I received a claim form with issue date 12 May 2015. Solicitors are Bryan Carter and claimant is Lowell. It's for a capital one credit card I took out pre 2006. To my knowledge, this debt is statute barred as I have not communicated with Lowell in recent times. I did find a letter that I drafted to Lowell some time in 2010; however, I am not sure I sent it to them as I have no trace of making any payments to them. Name of the Claimant ? Lowell portfolio Date of issue – 12th May 2015. I have calculated my timeline as thus - Issue date - 12/05/2015 + 5 days of service - 16/05/15 + 14 days to ack - 30/05/15 + 14 days to submit defence - 13/05/15. Hope I'm right. - 4pm Friday 12th june-dx What is the claim for – The Claimants claim is for the Sum of £848.03 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit Act 1974 between the defendant and Capital One under account reference XXXXX and assigned to the claimant on 15/09/2006, notice of which has been given to the defendant. The defendant failed to maintain the contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £848.03 The claimant also includes statutory interest pursuant to S.69 of the county acts 1984 at a rate of 8.00% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to £67.85 What is the value of the claim? £915.88 + £60 Court Fee and £70 Sol's costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Before Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but it was a long time ago Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, not in the last 4 to 5 years definitely Why did you cease payments? Lost my job and could not keep up with payments What was the date of your last payment? Not sure at all, definitely pre 2010 but I no longer have access to the bank account I was using pre 2010 Was there a dispute with the original creditor that remains unresolved? No I am looking to acknowledge via MCOL before the week runs out and I have prepared my statute barred defence as thus: 1 The Claimant's claim was issued on 12/05/2015 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £915.88 or any other sum, or relief of any kind is denied. Is this ok? Do I need to send both CCA and CPR 31.14 requests to Bryan Carter or will the CPR 31.14 request alone suffice? Thanks so much in advance! -
Hi i have a debt with lowell, a couple of months ago i asked regarding a full and final payment ,i had a response and was a massively reduced portion of the date, then my marriage broke down, needless to say its been a difficult time. I have moved house etc,but regardless a letter arrived at my old house from Bryan Carter solicitors and a letter from the northampton court house. The debt totals near on 900, 830 and their fees..when last year lowell reduced the debt to 450 at request and offered 250 on full and final payment. Is it just me or is this tactic a bit underhanded. .even from lowells agreed 450 that is a steep increase, just curious as how to proceed, obviously id rather not a ccj!
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Hello, this morning received a Claim Form from Bryan Carter. Claimant: Lowell Portfolio Limited Date of issue – 15/5/2015 What is the claim for – The Claimants claim is for the sum of 2253, being monies due from the Defendant to the Claimant under an Agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds under account reference xxxxxxx and assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant. The Defendant failed to maintain contractual repayment under the terms of the agreement and a Default Notice has been served which has not been complied with. And the Claimant claims £2253 The Claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum from the date of assignment of the Agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 157. What is the value of the claim? £2595 The claim is for a current account/overdraft I entered into the original agreement in 1989. It is the Debt purchaser who has issued the claim. I did not receive a Notice of Assignment. Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Had to stop work to care for my wife who was seriously ill. What was the date of your last payment? May 2011 There was no dispute with the original creditor. Did you communicate any financial problems to the original creditor? Yes I explained my situation to Lloyds (where I had banked for over 20 years) and they said they would not pursue. I have printed off a CPR31.14 request to both Lowell and Bryan Carter. I used the template for current accounts. I haven’t posted these yet. I haven’t Acknowledged Service yet either. Will wait for advice on here before I proceed further. My wife became very ill in 2011 and I had to stop work to care for her. I ended up in a lot of debt and the defaults on my credit file amount to about £18k. None are from the original creditors. My wife had lifesaving surgery last year and is now finally on the mend. I’m hoping to get back to work soon (been living on carer’s allowance and her DLA) but I’m worried that all the creditors are now going to jump out of the woodwork and we will be going back to work with huge debts hanging over us. We are both pushing 60 and don’t want our pensions (in 7 years time) to be eaten up by these debts. Thanks in advance to anyone who can help. Thanks x -
Firstly, apologies for the long winded detail - I posted this on another website but as I am seeking expertise thought it be good to post on these knowledge boards too I received a Claim Form this morning in relation to BlackHorse via Lowell / Bryan Carter. Firstly, I have not at any point acknowledged the debt. Secondly, I know this is probably not valid - but the default date was issued by BlackHorse. Lowell / Bryan Carter have 'lied'? on the claim form in relation to a default date they issued. My belief is that this is not possible, right? Thirdly, I have never engaged with the DCA nor Carters until I sent a letter in March in response to their claim - my stance at that point was Section 5 of the limitation act (which in hindsight was a little presumptuous). I effectively got a response from this stating they were investigating but believed the debt to not be statute barred. I'm guessing they are right but surely point 2 above has some substance as it is a false statement?? Fourthly, I haven't requested (maybe I should) an original copy of the agreement - is this something I should pursue? I guess more importantly - any prescribed actions that anyone can recommend I will undertake. I intend to extend via online Moneyclaim to allow me 28 days. IMO seems the debt is enforceable IF the dates of default issue is not valid - if that is a no-go, should - where should I be directing this? I will repost what I posted on MSE for the background below: "Black Horse agreement. The car was handed back. The amount Black Horse requested to settle after they auctioned the car was in dispute and never resolved. Black Horse issued and then applied a default notice to my credit file dated XX/XX/2010. The debt was then sold to Lowell. The Blackhorse default notice disappeared from my credit file. All quiet until 2013 - Lowell slap a marker on my credit file for the disputed amount with Blackhorse. I do not enter into communication with them whatsoever. It trundles along and nothing..........until recently. I received a letter from Bryan Carters who are "acting" on behalf of Lowells. Being a little presumptuous, I decided to engage and requested 'they prove it' and additionally I questioned validity from a statute barred standpoint. I received a response which effectively stated they would enquire with 'their client aka Lowells'. The trail went dead (not really surprised). This morning I have received a Claim Form with the claimant as Lowells with reference to Bryan Carter as documentation and payment reference below the claimant details. My belief that the debt was/is statute barred is IMO incorrect... ..I don't dispute that 'an amount' was owed to Black Horse (original creditor) but it was not the amount they claimed and they failed to respond to my requests to rectify or discuss. This is why this situation has arisen. Questions: 1. Firstly I have just reviewed both the court form and my credit report both of which state a default date of XX/XX/11 by Lowells. Remember that Black Horse had already issued a default XX/XX/2010. My belief is that a default date cannot be changed once a creditor has issued and even if the debt has been sold - am I right? Does this simple fact give me an angle? 2. I have never received an original copy of my agreement as per request to Bryan Carter acting on behalf of Lowells Is this not another angle for attack? 3. Putting aside the above points, what other angles are available to me? I intend to defend fully but wanted to see if the DCA has tripped the whole proceedings up before we have even got started?" Any advice appreciated.
