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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 -
Hi i am new to the forum and would appreciate any help or guidance through the tough battle i have on my hands. i have recently received a letter from Bryan carter solicitors i have attached this. this is the first letter i have received regarding this issue from Bryan carter i have never received any correspondence from the court regarding any court appearance or debt acceptance form. i have not even received any confirmation from the court regarding the award of the ccj to Bryan carter or the amount set as per the repayments. the debt is for private photography images that were never accepted and sent back to the supplier back in 2007. I have never been in receipt of any further correspondence with the digital media supplier and have never acknowledged any of this debt since then. I now want to have this ccj set aside and to formulate a defence against Bryan carter in a view to have the debt cancel due to being statute barred and mainly due to the fact the product was returned and the claim should never have been set against myself any help with this would be much appreciated and i want to get a letter out to both the court and Bryan carter this weekend thanks in advance Rebecca -
Hi. One of my old mobile phone accounts was purchased by lowell and bryan carter has been acting on their behalf. I have no reason to dispute this account and I have been paying them £1 per month for a while now. An oversight on my part meant that I missed last months payment. Its only been a couple of weeks and today I have a county court claim form. I have never had to deal with courts so I am hoping for some advice before I do anything. Many thanks Paul -
Name of the Claimant ? Lowell Date of issue – 24th April 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 Vanquis. Under account ref XXXXXXX And assigned to the claimant mid 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 Claim under consumer credit act Assigned Failed to maintain repayment (original creditor not DCA) Default notice What is the value of the claim? £500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Don't know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know Why did you cease payments? Financial difficulty What was the date of your last payment? Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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I received a claim form for an old Lloyds overdraft yesterday. I was hoping that someone would be able to advise me on how to proceed. I will try and give as much information as possible using the template Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue 23/06/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 12/07/2015 + 14 days to submit defence = (33 days in total) - 26/07/2015 ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? The claiments claim is for the sum of £1200, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds and assigned to to the claimant on 03/07/2013, 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 £1200. 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 assignmentof the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £94 What is the value of the claim? £1400 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007, The account I had had since 1996. The last overdraft agreement I had was in 2005 I think 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 idea, I've never received any recorded delivery letters from them Did you receive a Default Notice from the original creditor? No idea Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea Why did you cease payments? I was heavily in debt and sharing a house. Everyone else moved out and i became liable for the whole rent and council tax at the time, it took up most of my wages. i would have become homeless if I hadn't stopped paying What was the date of your last payment? I haven't used the account since 2007 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, I have had no contact since 2007, btw this was a joint account. I would be very grateful if anyone knows the best way to proceed. -
Good Afternoon All and thanks for your help in advance. This is my first post, so apologies if I haven't followed the correct format etc. On 30th April 2015, I came home to find a Claim form from the CCBC Nothampton dated 28/04/2015 regarding a debt to the Cooperative bank for £858.63 which has been assigned to Lowell and for which I am being taken to court by Bryan Carter Solicitors. On 2nd May 2015, I received a letter from Bryan Carter Solicitors dated 29/04/2015 stating that as I have failed to repay the debt, they have now issued litigation proceedings. The problem: I have never banked with the cooperative bank!. I have viewed my CRA file and can see that this account appears as a default and dates back to 02/03/2010. I have lived in a number of shared occupancy accommodations in the past and mail is often intercepted and personal belongings stolen. My suspicion is that this account may have been opened fraudulently. From the 16 digit reference number on the claim form, it looks like a credit card and again, I have never applied for one through The Cooperative. What I have done so far: After doing battle with the MCOL website for 2 days, I finally filled in the acknowledgement form and returned to the court by 2st class signed for post (No defence included) As soon as I received the claim form, I dispatched a prove it letter to Lowells and a CPR 31.14 Request to Bryan Carter Solicitors. These went out by 1st class signed for post on Friday 01/05/2015. What next: I have acknowledged the courts claim form, but I don't know what my defence is? Do I wait 7 days for Lowell / Carter to provide the required paperwork before composing my defence? As it is bank related, I would assume the bank hold ID documents for KYC reasons. Can I contact Cooperative and ask for these? ****I don't know how long this post allows, so I will include the CPR 31.14 Request and Prove it wording which I sent. Again, your help is greatly appreciated. -
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... -
Hi, First time poster, long time lurker, so be gentle! My partner had an old mobile phone debt being chased by Lowell for 3 Mobile. I sent them the Prove it letter in 2011 back not acknowledging the debt and requesting the credit agreement. They sent back one page of an overdue mobile phone bill as proof. Nothing else. The debt would have become statute barred at the end of this month. Fast forward a few years, and it now turns out they issued a CCJ for £350 in January to an old address she has not lived at for 6/7 years, whilst sending threat-o-grams to our current address and our previous address to this one. She has had a letter from Bryan Carter Solicitors yesterday informing her that the CCJ is now in arrears of £150. This was the first we'd heard of any CCJ being issued, never mind arrears, and only today has it appeared on her Noddle credit report under her old address. We have heard nothing from the court at all, but thats understandable given they were provided the wrong address. The noddle report says its £350. They now want £350 for an original £70 debt, which was increased to £209 in 2011, and are adding on these CCJ arrears. My partner has no job (not claiming benefits), no property and no real items a bailiff could repossess. We rent and I own all the items in our flat. I know nothing about CCJ's but a quick google indicates we'd have to pay £155 to apply to have it set aside. They are demanding the CCJ arrears for £150 to be paid in full immediately. I don't know if this is Bryan Carter adding this on, or this is court ordered. We are not married but could they repossess my items as we share a home? What should we do now? Hopefully I've given enough details but please do ask if I've neglected to mention something. -
I have been battling with Ambrose Wilson to come to smoe arrangement to pay a reduced amount in settling my bill with them. I have received endless charges placed on both accounts and also constant recorded phonecalls and phonecalls from them even on a Sunday. I just swear down the phone and hang up. I have informed trading standards and OFT of this and await their reply. In the merantime Ambrose Wilson have sent me a letter stating that:- The OFT set out their views on the general principles that credit card providers should apply when calculating the charges that they make when a customer fails to make a payment on time under a credit card agreement. The OFT did say that banks and other finance businesses should consider those principles when setting similar default charges for other types of financial products. However in setting the £12.00 threshold figure for default charges in relation to credit cards, the OFT said that this was an interim measure to move the credit card industry towards compliance. The OFT did not say that the £12.00 threshold was applicable to other types of consumer agreement and have not set a threshold sum or maximum figure for default charges under other types of agreement, such as the one we have with you. etc., In the circumstances we are not prepared to make a refund of charges. We incur costs and expenses as a result off non payments. We are in the view that these charges are jusdtifiable and not a penalty. They are still not accepting my reduced payment and the unfair charges they have slapped on therefore increasing the debt. They now say they will offer a cash account so I can still buy goods from them on cash basis and I have 8 weeks to respond. What position do I stand in right now and what next do I do. regardws, Mashmallow -
I just received a letter this morning from Carter's stating that if I don't pay up they will issue Court Proceedings against me in the next couple of weeks. I need some advice please. The debt is for about £6k and was originally a Sky credit card issued by Barclaycard. The card was taken out in May 2005. In 2008 I got into financial difficulties and made my last payment to them in March 2009 and at the same time wrote asking for a CCA request. I never received a proper CCA but got a copy of their Terms & Conditions. After this I wrote to BC and told them the account was in dispute. Wescot then take the helm, writing to me in June 2009 making all sorts of threats. I informed them that the account was in dispute as BC failed to comply with my CCA request. I heard nothing more from Wescot and on checking my credit file a lot later, I notice that BC had written the debt off in December 2011. 2012 comes along with letters from Lowell. These letters contain a completely different account number. I wrote to them informing me that I have no knowledge of any debt with such an account number and they tell me it was the card Sky credit card. I didn't answer or send any form of acknowledgment back. I ignored all future mailings from them. Over the next couple of months ago I get a few, usual threatening letters from Fredrickson International, I ignored all these. Now this morning, I get the threat of Court Proceedings from Carter. At no time since I put the account in dispute did I ever receive any notification that this debt was being assigned to anyone else. I don't think but couldn't swear on it that I even received a default notice. There is no PPI attached to this account. I would have thought that if this was legally enforceable, BC would have had me in Court back in 2009 to get their money, not write it off?? Advice needed what to do now please.
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Hi I have been chased for a while for a debt for 2 barclaycard debts. A few days ago a chap knocked on my door and handed me a statutory demand. I have sent off a CCA request by recorded delivery and am awaiting a response. Would it be advisable to apply for it to be set aside if the CCA request is not received by the time the demands 18th day has passed? BW Legal has assured me it wont go any further until the CCA request has been processed, I do not have this in writing but have been told it on the phone. I have tried to read up as much as I can but there is so much info on the site im now confused ! Thanks in advance. Derek -
Hi all. Need some advice, please DH had an Egg credit card and we defaulted during a rather dark period of our lives. The account was passed on to Bryan Carter who took him to court in Jan 2011. We didn't contest it or turn up to the court date (which wasn't in our local court, but some 200 miles away) and a Charging Order was placed on our property. We're currently trying to sort our financial affairs out as we want to move next year. The "amount owing under judgement or order given on 18 June 2010 by the court, together with any interest becoming due and £268 the costs of the application" Surely, as the amount is under £5k, interest would not be payable? Is this just standard wording, or have the court given them carte blanche to charge us for that too? We have been paying £30 a month to Bryan Carter since 2011 but have never received any statements of account and we now want rid of this, so that we can start to repair our credit rating and get the charging order removed. Is it possible to attempt to fight this retrospectively? We have never asked for CCA's to prove liability or that the agreement was worded correctly; or for any statements of account on the original debt (and we know how bad these companies are for just plucking figures out of thin air! We're sure that the original debt was not this much) Is this worth doing now, or a bit pointless as it has already been through court? Alternatively, how open do you think they would be to accepting a full and final settlement for less than the amount outstanding? Many thanks for any help you can provide. -
recived this from scm. any addvice most welcome.
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I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
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Hi, Hope I can seek some advice from everyone having received a court claim form for a Halifax O/D. Having trawled the forums and read lots of great advice, I think I'm going to go the route of defending the claim but would appreciate any input given. The Background - May 2010 - Agreed to repay small authorised overdraft @ £50 pcm & Halifax agreed no further charges. All this is in writing. July 2010 - Had made first two deposits by end of June, but Halifax still hitting a/c with charges. £230 worth of charges!!! - Wrote to Halifax reminding of our agreement for "me pay in, you no charge", no response. Oct 2010 - Wrote Halifax again - "I'll start paying in when you stick to your side of the agreement and refund charges".. No response. Dec 2010 - A/c has been passed to Blair, Oliver & Scott. First I knew was a letter from B.O.S. Wrote them about agreement Halifax broke. Jan 2011 - A/c now passed to Fairfax. Wrote them about agreement Halifax broke. June 2011 - A/c now passed to Robinson Way. Wrote them about agreement Halifax broke. At this point, the charges applied to the account were refunded but the a/c has not been returned to the Halifax. Aug 2011 - A/c now passed to Moorcroft. Wrote them about agreement Halifax broke and that the account needs returning to Halifax for me to recommence repayment as there has never been anything from the Halifax stating the a/c would be assigned to a DCA. That was the last I heard until... July 2014 - Letter from Byran Carter. Wrote back with same response I gave Moorcroft. Oct 2014 - Letter from Byran Carter. Wrote back reiterating what I had previously said. I also asked for a breakdown of the alleged debt to see what were charges etc and that I would be charging for my correspondence at the same rate Halifax do!! Feb 2015 - Claim issued by Bryan Carter. Followed up with a letter from them. The claim is dated 5th February, giving 10th + 14 for a response? That said, I've already logged onto MCOL and registered and prepared a CPR31.14 to send to Bryan Carter. Is this correct - send to the solicitor, not the claimant? What now? Return the AoS to the court (should I just do this on line? Is that enough?) and then the defence or enter a defence right now based on one of the many splendid examples on CAG? Many thanks in advance for your support, Essemess -
At least I assume it's Lloyds Credit Card. Another vague Lowells/Carter claim issued 4 Nov. Assuming it is, this would probably have been issued pre 2007. The claimants claim is for the sum of £xxxx.xx 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 xxxxxxxxxxxxxxxx And assigned to the claimant on dd/mm/yy, 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 xxxx.xx 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 494.58 6 Nov CCA1974 S.78 formal request + £1 po sent to claimant (Lowells) 6 Nov CPR 31.14 request sent to claimants solicitor (Carter) 7 Nov Claim acknowledged on MCOL 11 Nov reply to CPR request from Carter, the usual refusing to supply any documentation under Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by the Court. draft defence follows... -
carter defeult ccj- Cat debt - have 30 days to pay.
clairly posted a topic in Financial Legal Issues
Bryan carter solicitors have got a ccj on me by default for an old shop direct account. I hold my hands up and say I ignored all letters from them and automated calls. The latest letter I have had says ccj was entered against me on 20th April and I've been ordered by the court to pay £50 a month,, or pay it in full within 30 days of the 20th of April to avoid it going on my credit file. I want to pay it in full to avoid the ccj, I have 10 days left. Has anyone does this and how can I guarantee that Bryan carter will close my case and inform the court ive paid? So I avoid the ccj being registered? -
Evening guys, long story short, had cap one card and not paid since January 2009 so as far as i'm concerned it's statute barred. Default on credit file July 2009 so due to come off in a couple of months. Late last year it was purchased by Lowell who i strung along until it was SB and they've since passed it to Fredricksons and now Bryan Carter who've just sent me a letter advising me to pay (not a chance) or they'll issue proceedings in 14 days without further notice to myself. I've seen on here that they try to bend the rules on SB and say it's from the date of default etc. which we know isn't true, even if they took me to court i think the time will have passed for both SB and the default will be gone. Is there anything i need to do in respect of this letter do you think? Their letter is dated 30/4 and has conveniently just arrived today saying i need to pay by 14/5. Thanks
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I received a claim form dated 12 Dec 2014 for in my opinion overdraft charges from HBOS plc I have studied the forum and acknowledged the claim on MCOL stating that I intend to defend, can you help me as I work my way through it Regards -
Hello everyone! Its the first time Im using this site and I am in need of urgent help with dealing with Bryan Carter Solcitors. About a month ago I received a letter from Bryan Carter, on behalf of Lowell Financial Limited requesting that I pay an overdue debt owed to o2 of £661.34 within 14 days, otherwise a court claim will be initiated. I read around on the forums and replied with a 'prove it' letter and received the following response. Dear ******, We write further to your recent correspondence, the content of which we note. We confirm this account relates to a O2 UK Ltd (the 'Original Creditor') account, account number: *******. WE confirm this account is in relation to mobile number ****** It is the original creditors policy to provide the agreement 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 should refer to your own records. We confirm you may obtain a copy of the agreement from the store where the handset was purchased. we are acting on the instructions of our client who believes the outstanding balance is lawfuly due to them and we are acting reasonably. We trust this clarifies matters and we should be grateful if you could contact us by 7th May with your payment proposals.... Yours Sincerely, Bryan Carter Solicitors They have not clarified/proved anything. Any help would be much appreciated in responding to these people! Thanks!
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Hi everyone, I've been an avid reader of the forums for years but now I find myself in need of some advice 02 contract taken out in March 2008 after asking sales adviser if the phone would work in North Wales where I was working. They stated it would work - I took the contract, not only did it not work but I found out after a week that 02 didnt even have a transmitter in North Wales at that time. So I did not pay a single penny to 02 and discontinued using the phone after the 1st week. They then sold the debt to Lowell in July 2010, I have never acknowledged this debt nor paid any payments or written any letters to anyone about this as it was always in dispute and never resolved. Lowell sent a claim registered 24th April 2015 claiming the following: Particulars of claim: This claim is for *** 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 I Ltd, on 05/07/2010 and Notice Served pursuant to the law of property act 1925 Particulars RE-02 (UK) Ltd A/C No. *********** and the claimant 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 31 Total amount claimed: 4**.** 35 50 Total amount 5**.** I have sent off CPR31.14 to both Lowell and Bryan Carter and acknowledged with MCOL but I'm not sure what defence to use. I'm wondering if the debt is actually statute barred or if I need another form of defence. Any help would be gratefully received.. Thanks Coburg
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hi, i need to write a defence for the small claims court and i don't know what to put? i got the summons back in january and done all the usual stuff sent lowell and bryan carter a cca request not no reply to either also crp31.14 request to bryan carter and got no reply - did send them all recorded delivery and have the receipts the defence letter h as to be there by 30th april - i can actually drop it into the law courts but i need help in writing the defence - thanks in advance
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Good afternoon. I received a letter from Bryan Carter solicitors stating that they have issued litigation proceedings in the county court against me. And that i will receive a claim form in the next few days. This debt is something which i would say has been going on now for the best part of 10yrs which i have always contested. I even have a letter dating back to 2009 when i requested Lowell to provide me with a copy of the CCA, that they couldn't provide me a copy of this as they were unable to locate a copy of this. Time went on and i received the odd letter from Lowell asking for the money. Foolishly, maybe i shouldn't have ignored their letters. But it was like hitting my head against a brick wall when ever asking for a copy of the CCA. out of the blue comes this letter from Bryan Carter stating this claim. Could i possibly have some advice around what i need to do following this claim form? Clearly i wish to contest this in full as i don't even know the full amount of what is owed and who it is for and if anything was even ever paid. Many thanks -
Hi everyone, I am having a traumatic time with Bryan Carter Solicitors at the moment. My partner has received a claims form asking for £2600 from a Halifax Credit Card debt three years ago. The claims form was only received on Tuesday 24th February, but was dated 6th February. Now this is what worries me and where I get slightly confused. He called them straight away and they said they will hold off judgement, providing that the debt is cleared within six months. I called them as what they stated to my partner, didn't sit well with me, nor do I trust them AT ALL! And initially they said they cant send anything in writing to confirm that they will hold off judgement for six months. But they did change their tune when I mentioned the FCA and said they will get a letter out confirming that 'if he says true to an agreement, they will hold off judgement'. But again I don't trust them. I feel slightly stressed and confused, as I feel that I have lost the chance to do anything now, as N9A form should of already been submitted (I only know slight information regarding how CCJ's work, as I dealt with litigation in an insurance firm) so any help/advice would be greatly appreciated. Many thanks -
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.
