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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 -
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. -
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, 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, 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. -
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, Help is urgently needed here. Although, I have been following some discussion that relate to my issue. First I will say this forum is a remedy for depression, when this deb companies started chasing me i was like a mad person. I just received a claim form from Northampton BC regarding Lowell Porfolio/HBOS debt purchased. the amount is under £2000. This was a balance from the unsecured loan took over 10years ago but due to no job i stop this payment about 6years back and that was my last contact with HBOS and i have never had any contact with BC or Lowell. Please what should i do?
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Hi I have received a claim form and intend to fight it but I am unsure what I need to send as I understand mobiles are not regulated under the CCA? Any advice? Thanks -
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! -
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 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, 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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Date of claim: 27 May 2015 What is the claim for – Claimants claim is for sum of 51xx being monies due from the defendant to the claimant under an agreement regulated by the Consumer Credit Act 1974 between the defendant and Coop under account ref xxxx/xxxxxx and assigned to the claimant on 08/01/2013 notice of which has been given to the defendant. The defendant failed to make contractual repayment under the terms of the agreement and a default notice has been issued which has not been complied with. What is the value of the claim? £6k + Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan account When did you enter into the original agreement before or after 2007? Before 2007 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 (via solicitor) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, don't remember receiving NOA but would assume this has been sent Did you receive a Default Notice from the original creditor? Yes, dated 28 April 2009 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of Why did you cease payments? Advised by Citizens advice, made an offer to pay non priority debts in Dec 2007 the offer was rejected by original claimant and no further payments made as I had priority debts to pay What was the date of your last payment? Some time before Dec 2007 (at least 6 months before) Was there a dispute with the original creditor that remains unresolved? As above really, the account had gone into arrears and despite making offers to pay it was rejected Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan? Yes, via CAB in Dec 2007 Acknowledgement of service was submitted on 02/06/2015 and I will send CPR 31.14 request today (see my next post below) I wrote to Claimant on 16 April 2015 as letter arrived out of the blue using statute barred template, they responded on 24 April. 'Our clients position is that the limitation period runs from the date original creditor became entitled to demand payment. The account fell into default on 03 July 2009, therefore it is not statute barred and remains payable' I have (as above) default notice issued via original creditor dated 28 April 2009 (with a date of 12 May 2009 arrears to be cleared) this letter makes mention of 'termination' which I would understand would be from 12 May 2009 but may this not be the case. Is it the claimants argument that the date they mention above would be default notice + say 28/30 days then termination date plus 28/30 days? That is the only way I can get the dates to tally? I have also letters from CAB showing an offer to pay arrears was made in Dec 2007 would argue that my account was probably in default at this time but I only have the above at the moment. as I understand it this is going to hinge over a 4 month period (if the 2009 dates are used) but it seems this is statute barred, what are others thoughts. This would be the basis of any defence which I hope to make. Regards -
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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Hi, I wonder if I could have some advice on the following. I checked my credit report for the first time in a while today, and notice that Lowell has added a default, dated 04/01/2011, for a small debt which is 'mail order'. Looking at the account start date of 2001, this is clearly a Littlewoods account which I stopped paying back in about 2006/7 when I got into significant financial difficulty and it ceased to be a priority debt. I've not paid or acknowledged the debt in this time, and it's almost certainly a) mostly made up of charges and b) statute barred or almost statute barred. I have received letters about this debt but have ignored then due to assuming they were phishing on a statute barred debt. Any advice on how I go about finding out why/how the default is there and how I get it removed, please? -
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 My daughter received a claim form from lowell, we have acknowledged the claim form and sent a cpr31.14 request The response received is "We confirm the Claim Form was issued by the County Court Business Centre and that the Court's Protol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the "Particulars of Claim when they are issued by this Court." Any advise as to what this means would be grateful
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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 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!!! -
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 -
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 -
Hi I am new to this forum and would like some help on a Court Claim form that I have received this morning Name of the Claimant ? Lowell Portfollio Date of issue – . 24/04/2015 What is the claim for – Shop Direct This claim is for 2661.55 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 asigned to/purchased by Lowell Portfolio 1 Ltd, on 14/02/2011 and notice served pursuant to the law of property act 1925 Particuals Re Shop Direct A/C xxxx And the claimant claims 2661.55 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 212.94 What is the value of the claim? £3059.49 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue Account When did you enter into the original agreement before or after 2007? Unsure 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. No was issued by Lowell 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? Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Loss of employment What was the date of your last payment? unsure prob abt 4/5 yrs ago 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? No I am not sure that I have done this correctly, I am struggling, sorry -
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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...
