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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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General Sir Nick Carter appointed new Chief of the Defence Staff READ MORE HERE: https://www.gov.uk/government/news/general-sir-nick-carter-appointed-new-chief-of-the-defence-staff -
Dynamic security threats and the British Army: Chief of the General Staff General Sir Nicholas Carter KCB CBE DSO ADC Gen READ MORE HERE: https://www.gov.uk/government/speeches/dynamic-security-threats-and-the-british-army-chief-of-the-general-staff-general-sir-nicholas-carter-kcb-cbe-dso-adc-gen
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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 had a letter from Brian carter Solicitors saying that a ccj has been entered against me on the 17 December 2015. I did get the court papers but stupidly ignored them after reading different things on the internet about not admitting anything. The bill is for £501.64 and he is asking for £50 a month which I can't pay. The letter says they will consider further enforcement action if the payment is not made. I don't know what to do. I have also received another letter from Lowell which says pre legal assessment threatening another bill being sent to their solicitors (probably Brian carter again) . The bill is for £836.77 and the letter talks about ccjs and possible bailiffs. I have absolutely no idea where I stand as far as bailiffs are concerned. I don't own my home. Do I have to let them in? I've seen programmes on bailiffs and the thought terrifies me. I realise this is my own doing but trying to pay rent and council tax as well as feeding 2 kids has been my main priority. I had these debts as well as some others with stepchange but the payments got too much and I had to cancel the agreement. Stepchange said one of the options was bankruptcy but I panicked and just left things. But because they have been paid a little bit, this is surely classed as acknowledgement of the debt? Any advice would be greatly appreciated. I'm frightened of answering the front door. Thanks, Tracey
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Hi All, I've had Lowell and Carter lodge a claim for £1,450 against me for an unpaid overdraft on behalf of Lloyds TSB in November. I acknowledged the claim online and later then submitted a defense to the tune of I do not recognise I owe this debt and that I am unable to defend myself unless proof of the debt is disclosed and that it is the claimants obligation to provided the defendant proof. The defense was accepted by the court and a DX was sent out to which I returned and opted yes to meditation and to allocate to my local county court. In the meantime I emailed Lowell and Carter about the fact they still have not provided any evidence that this debt even exists and that I am unwilling to enter any discussions or meditation until this is produced. A couple of days ago they e-mailed me back with this ------------------------------- Thank you for your email. We are seeking our client’s further instructions regarding your request for evidence however it is our understanding that it is the policy of the Original Creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to your own records for the same. We trust this clarifies matters. Yours sincerely ------------------------------- This got my back up obviously as from my interpretation of this e-mail is it is up to me to seek this out myself so I e-mailed them back the below copying in the court e-mail with my claim number ------------------------------- Thank you for your response, I would like to remind you that it is not the original creditor trying to obtain a judgement against me through the small claims court. Are you telling me Is it your policy to take on instructions from your clients for commencement of legal proceedings without sight of any proof that the alleged debt is actually owed then? If I have been supplied with validation of the debt (To which I do not recall) Then I am sure that you will be able to speak to your client who sent this originally and reproduce this without a problem then proving to me and the court that this debt in fact exists as despite numerous requests I have yet to see it, and forgive me being the dubious person I am I fail to take your word for it that I have been 'provided with this before'. This is not the remit of either myself or the alleged original creditor (Lloyds) this is the responsibility of Lowell/Bryan Carter to prove beyond all doubt that this debt exists if you think I will be bullied into thinking any other way you are very mistaken. I await your response. I also trust this clarifies matters too. ------------------------------- I maybe should have been a bit more professional but they just seem to think it's okay to bully people into paying debts they potentially do not owe. Has anyone seen this before, do they have any proof on this debt? Surely they'd have this to hand if they did? Thanks!
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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, Not sure if i'm in the right place. I have revisted an old property recently and found a ccj for an old orange debt passed to lowel. With Brian Carter acting on behalf of them. The ccj was issued in December 2014 for the debt of £733 and i was ordered to pay £50 a month. This is nearly 12 months old and Carter is in a right flap, obviously. The address correspondence has been sent to, i own, and is rented out. The tenants say no bailiffs have been around. I can't understand why?, if it's nearly 12 months ago. this is my second ccj the first one for £1000, i was ordered to pay it immediately. I didn't have the money so i ignored and heard nothing more about it. I owe around 40k to various, whom i have agreed repayment plans with. Anyone have an idea what Carter will do next if i don't pay? Can he get a charging order on my house? And why has he not taken more steps after nearly 12 months? Many thanks if anyone can give me guidance. -
Hi all I received a Court claim form from Northhants business center courts on the 5th November (dated 3rd). The claim is for £300.43 from a company called Creation Finance and is being handled by Lowell via Brian Carter solicitors. I have absolutely no idea what the debt is for and have never even heard of Creation Finance. I have always kept up to date with any payments from past credit cards loans, phones etc. I have also had a good credit rating, having phones, sofa, car etc in the past and never an issue with repayment so I'm completely in the dark about why they have been chasing me for this. I have had a string of letters from Lowell which, along with letters from debt collection agencies for previous owners/occupants, i have ignored. I probably should have contacted them but i thought that may lead to some sort of admission on my part. I have filed acknowledgement and my defense which states i have no knowledge of the debt (8th November) and received a response from the court saying the claimant has 28 days to respond. thanks to this forum i sent a CPR 31.14 request for the info relating to the claim and received this wordy response............. We confirm the claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by this court. We confirm that this matter will most probably be be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply In any event the notices of default and assignment left the control of the claimant when they were dispatched to you. I never received any documents, just letters asking to repay a debt to Creation Finance It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreemen t and, in this regard, we ask you to refer to your own records.As I have no idea what the debt is, how can i refer to records? We confirm our client is not agreeable to an extension for filling your defense What does this mean?.......................... Would someone advise what i should do next, it seems to me they are basically saying i should have the info already. I''m guessing they have as much idea about the claim details as i do but are saying they are not obligated to give it to me anyhow. Many thanks in advance for any help Cheers Jim -
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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Hello All Firstly thank for help in my other posts. Just to make things worst came back home and found claim form from bryan carter regarding lowell related to Lloyds. quick info: name of the claimant: lowell portfolio i ltd date of issue: 9th october 2015 particulars of claim: "the claimants claim is for the sum of xxx, 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 xxxxxxxxxxxxxx and assigned to the claimant on xxxxxxxxxxx notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and default notice has been served which has not been complied with. and the claimant claims xxxxx the claimant also claims statutory interest persuant 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 maximum of one year a maximum of..." value of the claim : 1300 - current account/overdraft i did not received notice of assignment, notice of default sums, anything except demand of payment from time to time from different dca. before i came back home i posted letter to bryan carted with information that debt is staturatory barred under limitation act 1980. i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 besides if oryginal entry regarding this account vanished from credit report it must be over 6 years am i correct? well cant check it atm because Lloyds account just vanished from my credit score and i got some document at work so will confirm that. what i should do next? acknowledge and fill out defence based on SB or proceed with defend in full like other people ? im bit confused...? thanks for help guys lowell claiming that account was defaulted in 2010. -
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, i have received a letter from B. Carter informing me they are going to court in 14 days for a Credit card debt, the debt is or very very near SB. Can i ask advice on how to proceed with this please. Many thanks. -
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, this is the first time I have have posted on here and really could do with some advice. I have received a claim form from the Northampton CCBC on 26th September and as of yet have not been online to, acknowledge this but I intend to defend in full as I have no recollection of this debt. Name of claimant: Lowell Portfolio I Ltd Date of issue: 24th September 2015 What is the claim for: The claim is for £180.63, 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 31/03/2014 and notice served pursuant to the law of property act 1925. Particulars RE- JD Williams A/C No Pxxxxx98 And the claimant claims £180.63 The claimant also claims statutory interest pursuant to S.69 of the county courticon 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 £14.45 Value of the claim: £195.08 + court fee £25 + solicitor's costs £50 total: £270.08 Original account started: Unknown Lowell has issued proceedings. Firstly I was unaware of any debt with JD Williams, so have no idea of when this supposedly began. Secondly I have no knowledge of it having been assigned to Lowell and didn't receive notice of this. I can not remember receiving a default notice, although I have moved 4 times in the last 5 years. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. There was no dispute with the original creditor. Having read some threads on here is the next step to send a CCA Request letter to Lowell and a CPR request letter to Bryan Carter? am unsure of what the wording for the CPR should be though. Also I know that I need to go online and acknowledge receipt of the claim form and register my intent to defend. This is all very new to me as I have never been in this position before. Any help/advice on this would be greatly appreciated. Many thanks in advance.
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Hi all, i have just received a court claim letter requesting payment for what appears to be an old overdraft for just over 500.00 pounds. As far as aware i requested the account to be closed approx 6 to 7 years ago. Do not recall having letters from lloyds bank, only letters and phone calls from dcas. Can overdrafts be statue barred??? If so how can i find out?? No payment has been made to account for years. Also got letter from carters saying court letter will come and to call them to discuss? Are they bluffing? Any help advise please. many thanks -
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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Hi every one i received a letter form Northampton county court business centre on the 28th august form Bryan Carter and the clamant being Lowell. it reads I have acknowledged the claim on line and have decided to contest all of the claim. i understand i have 5+14 and then 14days to send my defence. i today i will be send a CPR 31.14 to lowell and Bryan carter. lowell with the fee of £1 for printing cost and the same letter to Bryan Carter. it reads http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued. sorry for the long thread can anyone help please -
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
