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  1. My son received court papers today that state: This claim is for 377.92 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / goods. The debt was assigned to / purchased by Lowell portfolio 1 Ltd. on 27/ 02/2009. And notice served pursuant to the law of property Act 1925. Particulars / shop direct and an account number. They also claim 8% interest. A few years ago we were receiving letters from shop direct, we told them they have the wrong person. No one has ever had a mail order catalogue in this house. Eventually after them ignoring the issue of the wrong account we sent a CCA request which they totally ignored. We heard no more except one or two letters from Lowell during the last few years which we ignored as the account was in dispute with the original creditor for not supplying a CCA. I intend fully defending the claim but could use some help as this account is fraudulent. Looking at the date of purchase feb 2009 and the previous time we were dealing with shop direct this fraudulent account would also appear to be statute barred.
  2. hi, I need some help as I have received a claim form from Bryan carter solicitors whose acting on behalf of Lowell portfolio I ltd. I believe its for 02 account which I didn't pay. I had a dispute with them and terminated the contract. I left it at that. then all of sudden iv received the claim form from county court business centre. date issue was 17th of October. any help will be appreciated many thanks.
  3. Name of the Claimant ? Lowell with Bryan Carter as solicitor Date of issue – . 10 Sep 2014 What is the claim for – The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx and assigned to the claimant on 1/11/2013 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. The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22 What is the value of the claim? £2512 Is the claim for a current or credit/loan account or mobile phone account? catalogue account When did you enter into the original agreement before or after 2007? before 2004 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 Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? a default has been registered on credit file but I have no default notice in all my paperwork and don't remember receiving one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no but Lowell wouldn't be due to send one until nov Why did you cease payments:- everything got out of hand financially and was on a dmp but then lost my job and couldn't carry on payments Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan?yes I hadn't done a cca request had written on and was planning to post today because I thought they would agree to the extension oh how stupid am I. I sent a CPR31.14 request to Bryan Carter on 2/10/2014 along CPR 15.5 request for an extension they received it on 3/10/2014 Yesterday 8/10/2014 I received a letter from Bryan Carter stating that as the case would be allocated to small claims tract part 31 does not apply and the original credit would have already sent the documents. They also refused the extension I need to submit a defence by sunday I did not sign an agreement with next I just order some clothes and ended up with an account this was in either oct/nov of 2004 is there anywhere I can find some help to put a defence together for example how to word it as my defence is that i didnt sign an agreement and i havent recieved a default notice. Also should I put something in the defence about the fact they refused my cpr request? thank you all for taking the time to help
  4. Hi all, I have got myself in a mess and probably do not deserve help as its my own fault but here goes. Today i received a Notice of issue of warrant of control from my local county court. The letter states that I have seven days to make a payment of £172 including fees with a remaining balance of £500. If i do not pay this fee then bailiffs will attend in 7 days. Now I think I recall receiving a claim form several months ago from the Northhampton bulk centre court and I ignored it (I am regretting this now). I have several old debts from the early 2000's when i was a student and have moved several times and some remain unpaid. I am unsure what this debt is for. I also received a letter from Bryan Carter today explaining the warrant of control and saying they may take a payment. I know that this means I have a ccj against me but I have a feeling that the debt was statue barred when the ccj was taken out. My questions are: What do I do next? contact Bryan Carter and do a payment plan? What if the debt was statute barred when the ccj was taken out? by ignoring the claim form is it too late to set aside the ccj? I am currently unemployed (living with husband) so cannot offer a substantial amount per month, how do i negotiate with Bryan Carter? I would be really grateful for any help Thank you
  5. Hello, Back in October 2011 I purchased a service plan dongle from 3G. I checked the area and they said it would work fine, but it never really did and I gave up after many protracted telephone conversations to get it working and stay connected. I returned the dongle to 3G quoting the Sale of Goods Act and asked them for a refund of monies paid as it was not fit for purpose. I heard nothing and I cancelled my direct debit. The debt was sold on to Lowell Feb 14. Letters and harassing phone calls followed. I firstly requested statements of my account and I received a letter back from Lowell saying that these had been requested from 3G and my account was on hold. Nothing ever came through. Then more chasing letters from Bryan Carter in June 2014 and finally Court Claim forms from Bryan Carter for Lowell. I have acknowledged service. I am preparing to submit my defence - can I use the Sale of Goods Act as my defence in this case? The amount they are chasing is £305.01 plus court and solicitors fees of £85. Thanks in advance
  6. Dear All New to this site and have been reading through today. Thankyou in advance for any help you can give me with this issue. I had an HSBC current account dating back to 1994 when I was a teenager. Later when I was a university student they gave me an overdraft with limit £1000 in approx 2001. After losing my job in October 2008 I no longer had an income to put into the account. interest charges took me over the limit and HSBC then put on excess charges for being over the limit and additional charges every time they added more interest taking me further above the limit. After a few months after informing them of my situation they subsequently took the decision to convert the overdraft into a loan. I could not make the loan payments (I'm not 100% if I paid the first one or not) and the account went into default. Either just before the default or maybe a month or so after I sent out letters to all my creditors with offer of a token payment of £1. Although I'm not 100% because of the length of time passed I am assuming I would have written to HSBC who were the second biggest creditor. Again I may have also made the first token payment but unsure if I did. I don't have a record of the default notice from HSBC in my paperwork and do not remember if I received one. In fact the only paperwork I have on this account is a DCA chaser letter from a company called Direct Legal and Collections. For the next year or two I received various chaser letters from Direct Legal and Collections. All of which I binned. Having checked my Experian two years ago I saw an entry for the debt default logged by Lowell Portfolio. This was along with a default logged by HSBC for the same amount with defaults 5 days apart. Both in may 2009. Agreement start dates also differed (HSBC 2008 Lowell 1994). The account number/details also differed. HSBC default was for the new loan account whereas Lowell claim is under the original current account number (although they refer to it as a loan on Equifax/Experian). I also do not have in my records a letter of assignment of the debt to Lowell. Earlier this year I queried the double entry with Experian who contacted HSBC and they removed their record. I have had no other letters about this account for a number of years. Account number on the Lowell record and on the DLC letters differ. A letter has been sent to my mothers address (my original address but I did update HSBC with my change of address in 2009) from Bryan Carter Solicitors who have been instructed by Fredrikson International to commence legal proceedings unless payment is made within 14 days. What would now be the next step?
  7. Been playing ping pong games with Uncle Bryan for a while now - I get free paper and stamps. They wanted payment proposals.. so offered them £1.00 per month for two months.. they accepted £1.00, but said it would be reviewed in 90 days.. I pointed out their error and reminded them it was for 2 months and not 90 days.. But my offer was still on the table. They got their crayons out to say they have passed the account back to CrapOne.
  8. Received a claim? Yes Issue Date: 17-9-2014 Amount approx: 900 Claimant: Lowell Solicitor: Bryan Carter Original Credit: HFC Bank Particulars of Claim: The claimants claim is for the sum of £750 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant HFC Bank Ltd under account ref xxxxx and assigned to the claimant on 01/09/2006 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. Stat Barred? Yes Have sent: Acknowledged the Claim, Sent a CPR 31.14 request Other Info: Hi, I've received a claim form on the 19th from the court and wondered if anyone could clear up a few details if possible. Bryan Carter solicitors are acting on behalf of Lowell Portfolio Ltd and they chasing an old debt I had with HFC bank which was assigned to Lowell in 2006 (according to the court claim form). I'm 99% sure this debt is Statute barred and these "people" are chancing it. I've been reading around for a few hours and so far I've logged into moneyclaim.gov.uk and I confirmed "intention to defend all of this claim". I've also borrowed and sent a couple of letters (thanks to the people who put their time and effort into it ). My questions are: 1. Will I receive confirmation from the court that I have 30 days from the issue date (17th sept) to enter a defence online. 2. Is it worth submitting a SAR request to HFC Bank along with the 2 letters below just to remove the 1% doubt about it being statute barred? 3. Am I doing it right? 4. What should I expect next? Thanks. The first is this letter which I sent recorded delivery on the 22nd sept to both Lowell and Bryan Carter. The second letter is this one which is a bit longer (sorry!) I received the following reply for Carters yesterday. I cant post URLS but it was along these lines. We write further to your request for disclosure under Part 31 of the civil procedure rules. Someone has suggested going down the embarrased defence route and sending the following letter next along with another request for info to lowells which is also shown below.
  9. I received court claims from Bryan carter/fred/lowell. I did filed the defence. and now received aq. i did send cpr.31 request to Bryan and received normal reply as same reply to all their request. Account was in dispute with lowell due to non comply with request of copy of contract and statment of account since 2009. last payment was made in january 2009. then debt pass to red and they only send me statement off account in 2011. which was just early termination charges of £440. I dispute with them and charges are unlawfull and all went quite. in march this year lowell passed debt to fred and i send FRED letter and explain that account in dispute and provide me copy of contract and statement of account no answer from them and received court claims. totals balance was £580 and i paid lowell £140 between 2008 and 2011. can I apply n244 claims to be struck out.
  10. I just received court papers from these guys, but the debt is over 8 years old, how do I put in the defence that it is Statute Barred, and can I ask them to provide evidence.. Its from an old joint bank account with Nationwide, my wife passed away just 2 months ago and I receive court papers in just my name. We also had single accounts with Nationwide, and I suspect it was me closing my wifes one which sparked this action. For the record the debt on the joint account is 100% bank charges, which we refused to pay the first one, so each month they hit us with another one and so on...
  11. Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 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. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.
  12. I received a letter from Bryan Carter Solicitors threatening Court proceedings because I hadn't paid Lowell who were chasing a credit card debt of £1569 on behalf of The Cooperative Group. The credit card debt, although in my name, was racked up by my now ex husband along with lots of other credit cards! We divorced in 2007 and the last payment I made was March 2007. Since then I have been chased a couple of times by letter and phone, but nothing excessive. I was contacted by text a couple of times a couple of weeks ago by Bryan Carter, so last week I wrote to him/them using the statute barred letter, however in the meantime I have received a Claimform. What should I do?
  13. Hi my wife has today received a claim form from the courts in respect to a shop direct account which was passed to Lowell portfolio 05/04/10 the account was made 2004 and she never signed any credit agreement. what do I need to do now as I really want to get this sorted quickly as my wife suffers from mental illness,anxiety and severe depression I look forward to hearing from you all and thanks in advance
  14. Hi i have been a member of this site for while and think you are amazing I have previously had judgments set aside with help from advice on here . Here's a basic back ground I'm self employed i ran in to financial difficulties in 2010 after a motorcycle accident and had to have a long time off work i got behind with all my money matters inc the tax man and the mortgage etc which im just starting to recover from it's not been easy. I still have some credit card companies that didn't seem to understand that i could not pay them at the time and i had to choose to put food on the table or simply put my hands up loose my house and sign on and become a burden to the state i chose the harder option and keep my wife and kids in our family home and not to burden the state. I have received a claim form from northhampton cc i received this on the 16/8/14 after being out of the country so i didn't have long to respond on the 20/8/14 i filed a acknowledgment of service stating i intend to defend all the claim (as i read admitting part is as good as admitting all the claim) i then 20/8/14 stupidly sent 3 letters normal post a cpr31.14 request to bryan carters solicitors a cca request to lowell financial ltd (with a £1 postal order) and a sar request to barclaycard (the original creditor with a £10 postal order) realising my mistake i again sent these letters recorded and proof postage again including the said fees i have had a reply from bryan carters stating that the claim form was issued by the county court business center and the courts protocols were followed Do i have a defence or have a screwed up ? I'm at a very low point now and stumped please help
  15. Hi People, just joined this site today as I need advice regarding the aforementioned firm. Late last year I started receiving text messages from a firm called Henderson International asking me to call them and quote the reference on their text message. I called and they wanted my personal details for verification. I declined and asked them to write to me. I didn't hear anything since. However, today I received a similar text from Bryan Carter Solicitors LLP with a reference number to quote. I called them and ironically their manner over the phone was very similar to that of Henderson International. They started off by asking me to confirm my name, DOB, tel no. etc. I refused to confirm my DOB until they told me what it was about. They said they could not until they verified my identify. They also said that they had written several letters to me, none of which I received....perhaps a very old address. I work in finance and have always maintained an impeccable credit record. I checked my Experience Report today which confirmed that there was nothing outstanding. I am perplexed as to why they are contacting me and it seriously concerns me. I am not sure how I should deal with this? Should I provide them with my personal details for verification to find out what it's all about? My concern is that if they are fraudulent they could use my information. Any advice would be much appreciated. Regards
  16. Hi there Firstly apologies I'm sure this has been done to death but I'm feeling very stressed and I want to make sure I do what I can to get get this stopped or at least to mediation. I also have no idea what this debt is, it seems to relate to Welcome Finance who I suspect may have been a cheque cashing service I used a while back and refused to pay some unfair fines around £300. The claimed amount is £5057 is there a simple list of stuff I need to do. I have registered on money claim but I'm not sure who I send the CCA letter to? Ie To Bryan Carter or Lowell? There is reference to a Welcome finance account ref but nothing else from them. also what do I put in the moneyclaim defence box? Please help
  17. Hi can anyone help me please? I have today received 2 letters - one from Bryan Carter and one from Northampton Court. The one from Bryan Carter says> As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You will recieve a claim form in the next 48 hours direct from the court. Balance including interest court cost and solicitor fees is £1125 I emailed Bryan Carter this morning with the following> Ref your letter dated 18th July 2014, with instruction to pursue through court please find below Re:− Account/ xxxxxx Reference Number :-xxxx I do not acknowledge any debt to your company or its clients. With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. Please note that under no circumstances should this payment be set aside against any alleged debt. If you are unable to supply the documentation requested. I understand a copy of our credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you, as the alledged matter does not show up on any of my credit reports and i shall defend this in court. Their reply back was> LOWELL PORTFOLIO I LTD V xxxxxxxxxxx ACCOUNT NUMBER: xxxxxxx CLAIM NUMBER:xxxxxxxx Thank you for your email, the contents of which we have noted. We confirm that we are instructed by Lowell Portfolio I Ltd to act on their behalf in relation to the collection of an outstanding balance in the sum of £1,125.70. The debt relates to HFC Bank LTD account number xxxxxxx which was assigned to our client. It is the original creditor’s policy to provide an agreement to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt. Our client will provide a validation of the debt in accordance with the court’s directions. A Claim was issued in this matter on 17 July 2014. Please respond to the claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default judgement being entered against you. We recommend that you seek independent legal advice in this regard. Yours sincerely Bryan Carter Solicitors LLP 11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 01932 341 517 e-mail: info@bryancartersolicitors.co.uk I checked my credit file and i have nothing showing on my account for this debt. The last time it was acknowledged was July 2008. I have had no letters from either HFC or Lowells. Nothing I have signed for by anyone. The date on the claim form says 18th July. The claim form says it was assigned to Lowell portfolio ltd on 23/10/2013 pursuant to the law of property act 1925 What do i do as really do not want to get a ccj as i want to move in 6 months time. Please can anyone help me ==================================================================================== What is the value of the claim? £1125.70 Is the claim for a current or credit/loan account or mobile phone account? Credit account for pc When did you enter into the original agreement before or after 2007? JUly 2008 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 who has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No nothing at all. I would remember if i had Did you receive a Default Notice from the original creditor? I think maybe so yes but if i did it is not showing on my credit file for either experian, equifax or Callcredit for anything relating to this matter Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Nope nothing Why did you cease payments:- Completely forgot about it when the now ex was pregnant and we was struggling Was there a dispute with the original creditor that remains unresolved? Nonei know to - theyve never contacted me Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No never
  18. Hi everyone I hope someone can help me. On the 17th July I received a letter from Bryan carter advising me that they were taking me to court and I would receive the documents within 24-48 hours, I received the court document the same day from Northampton court. The debt is for Halifax 2009, a debt which was an overdraft (£69) and ended at £539.00 I don't remember this debt and vaguely remember the overdraft, never that amount. I checked my credit file to obtain this information,although that hasn't been updated since December 2009. I have requested an CPR 31.14 from Lowells as these are the claimant and shall enter my acknowledgement of document tomorrow as there is an error on the website (444 error? ) the date of the court document is 17th July. The debt was purchased by Lowell in June 2013, which I had no knowledge of. Now with my defence can I dispute the amount owed ?, what is my next steps once I acknowledge the forms ? Thank you for your help.
  19. I took out a loan with halifax around 9 years ago. I defaulted after 18 months and it got passed to various debt collection agencies. 4 and a half years ago I paid 3-4 instalments to a debt collection agency before being unable to afford the repayments. I have had no contact with any debt collection agency since this point. 3 years ago i then received a letter stating the debt was settled from halifax. 4 days later I received another letter explaining they had had a system error and the debt still stood (my family moved house shortly after and I can't find the letters). 18 months I moved to a set location and have been here since, at this point lowell and fredrickson started bombarding me with letters and phone calls (none of which were answered or responded too). I received the usual we will take you to court letter a month ago. I returned home today to a response pack from Northampton county court. Any advice would be massively appreciated. I'm a serving soldier and not very good at this kind of thing (also explains grammar etc).
  20. Hi,all my wife has just received a letter from Northampton C.C stating that Bryan Carter solicitors LLP, are taking her to court and we have 14 days to respond over a debt of £175 plus interest then £75 court change total £270. i have no idea as to what to do now , it is my wifes debt but in her maiden name. i see that B.C has a bad reputation on here, all help appreciated , thank you
  21. Hi, I would be grateful if anyone could give me any advice with regards to Lowell and Bryan Carter Solicitors. On the 28/06/2014 I received two letters one from Bryan Carter Solicitors dated 25/06/2014 ‘Sent Second Class’ stating that I have 48 hours to respond but the other letter is from the County Court Business Centre ‘Claim Form’ dated 25/06/2014. This is with regards to a debt from Vodafone for £472 that has never been proven by Lowell nor anyone else and I have never spoken to any company about this debt. I have one CCJ put on my file 3 years ago without knowing that this had been done, I don’t know if it was sent to my old address or something. This is the first letter I have received from Bryan Carter Solicitors about this debt. I’m totally confused what is the best action? I have uploaded both letters in question.
  22. Claimant: Lowell Portfolio I Ltd Date of issue: 12th June 2014 What is the claim for – This Claim is for £1100 the amount due under an agreement between the original creditor and the Defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925 Particulars Re: Lloyds A/C No xxxxxxxxx And the claimant claims £1100 The Claimant also claims interest pursuant to S69 county court Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81 What is the value of the claim? £1300 Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claimant has included it in the total claim Is the claim for a current or credit/loan account or mobile phone account? Current Account When did you enter into the original agreement before or after 2007? Before 2007 (2005) 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? I've received a letter from Lloyds giving me a notice of assignement of the debt to Lowell Portfolio. It has a date of 24/06/2013 and the letter ittself has been dated as a 10th July 2013 Did you receive a Default Notice from the original creditor? Not aware of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware of Why did you cease payments:- The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for. Also Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £3.50 rising to £7 after 3 months (as far as I'm correct) Was there a dispute with the original creditor that remains unresolved? Yes, I disputed the alleged debt but they did not resolve it. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I wrote to them about Financial Hardship but they rejected to refund the charges. FURTHER INFO Thanks in advance for any help. I need to file my Defence by Sunday 1st June 2014, it is a very similar issue as one of the previous forum member but I'll give a brief outline to the claim, I believe it is statue barred but obviously I'm a total amateur The Original alleged debt was with Lloyds TSB for a Current BANK ACCOUNT, debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 3rd Septemeber 2007, after that I didn't use the account, but Lloyds TSB kept applying Account Charges, interest and finally the account was closed/passed to debt recovery. On 12th June 2014 Bryan Carter wrote to me and stated they have issued a claim and we should receive it in 48 hours!!! In fact I had a letter from the Court dated 12th of June as well Any help and advice would be highly appreciated, my deadline is 1st July 2014, not a lot but we just came back from a holiday to have this rather depressing surprise. Am I correct in thinking that my next steps should be to send a CPR31.14 to the Bryan Carter Solicitors? Also, should I fill the "Acknowledgement of service" now? Sorry about the basic questions but I'm a bit lost, this is the first time (and hope the last one) I'm involved in something like this. I'm also attaching a checkmyfile credit reference file, one picture shows original Lloyds TSB entry and the next one shows after the debt has been purchased by a Lowell. I'm not sure if it should be showing as a 2 separate entries though. Kind regards
  23. Hi I hope some one can help, I am in debt like a lot of other people, and have tried to ignore it too, but finally pulled myself togeter and its time to face it head on. I owe HSBC overdraft £215 account taken in about 2000 (approx guess) HSBC CC £1366 taken in 2005 I believe? Co-op Student over draft £2124 taken in 2007 (with lowells and bryan carter now) Very £321 (with lowells) taken 2011 isme £289 (with lowells) 2011 littlewood £649 (with lowells) 2011 I got in trouble after uni as I thought getting a degree would mean a job but as the ecconomy crashed in the middle of my time at Uni, it proved difficult and all the credit that is offered as a care free student soon gets nasty when you finish and dont get a job. I had low paid jobs to start with and couldnt afford repayments, then I had an injury at work, which is when i resorted to catalogues (stupid idea I know). I have sent CCA's to all accounts with Lowells and bryan carter several months ago!! they did not respond with in 12 days?? the only response I've had is 2 days ago a letter from Bryan carter with a copy of my statements from co-op?? nothing else! the letter says I hope this resolves the issue?? what do I do now?? Also the smaller debts with Lowells I was hoping to make a full and final payment offer of about 25% (as lots of the cost is interst and charges). Also the same for HSBC over draft and pay 1 a month off? do you think this is possible? I havent heard anything from HSBC when would they be removed from my credit file? if they are still putting a default every month on my credit file will the debt stay there forever? Sorry it's long winded, I've so many questions and I want to get it sorted so I can sleep in peace for the first time in years.
  24. Hi all, Just received some county court papers from Northampton CC filed by Bryan Carter about a debt Lowells bought from a 3 year old HBOS credit card. I used the cag forums a few years ago to get a claim from BC thrown out of court due to lack of proof of the debt but my memory isn't as good as it used to be and I wanted to double check to see what i should be doing. First thing I plan on doing is sending a CPR 31 request to Brian and secondly acknowledging through MCOL whilst I work on a defence. Is there another letter I should be sending out to either BC or Lol's in the meantime? Kind Regards
  25. I am all a bit new and ignorant of how to deal with this! I have an old debt with BT an old phone contract where I ended up with a huge bill due to a load of spam texts which I disputed, the bill racked up to £950.00 and dates back to 2009. After falling pregnant and being in a vulnerable financial situation I did the typical head in the sand syndrome and returned all letters no longer at this address return to sender! I moved last month and with that redirected my mail, this week I received a letter from Bryan Carter Solicitors stating they were chasing the debt on behalf of Lovell Limited and have now issued litigation proceedings in the County Court! a day later I received a letter from Northampton County Court with the claim letter asking me to complete all my details, both letters are addressed to my old address! I have just started improving my financial situation which is difficult as a single working parent to a toddler however I do not want a CCJ against me, is it too late to deal with this? If i return the court form and offer monthly payments - which admittedly will be small as i have huge childcare costs and living costs which consume my whole wage and working tax credits. However I just want to sort this out now! or do I just ignore both letters and send them back return to sender NO longer at this address? will I still be issued with a ccj, which is what i want to avoid as I do not want this held against me for the next 6 years? also how long does it take for this CCJ to appear on my credit file? is it immediate? Can I call Bryan Carter and arrange a payment agreement or does the court letter mean it has gone past that stage? Please excuse my ignorance I have read through some of the threads on this company and you all seem very knowledgeable on this but this is a first for me, I am just a hardworking person who wants to maintain a reasonable credit file should i need it over the coming years. Any help is much appreciated.
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