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  1. Hello, Back in October 2011 I purchased a service plan dongle from 3G. I checked the area and they said it would work fine, but it never really did and I gave up after many protracted telephone conversations to get it working and stay connected. I returned the dongle to 3G quoting the Sale of Goods Act and asked them for a refund of monies paid as it was not fit for purpose. I heard nothing and I cancelled my direct debit. The debt was sold on to Lowell Feb 14. Letters and harassing phone calls followed. I firstly requested statements of my account and I received a letter back from Lowell saying that these had been requested from 3G and my account was on hold. Nothing ever came through. Then more chasing letters from Bryan Carter in June 2014 and finally Court Claim forms from Bryan Carter for Lowell. I have acknowledged service. I am preparing to submit my defence - can I use the Sale of Goods Act as my defence in this case? The amount they are chasing is £305.01 plus court and solicitors fees of £85. Thanks in advance
  2. Name of the Claimant ? Lowell with Bryan Carter as solicitor Date of issue – . 10 Sep 2014 What is the claim for – The claimants claim is for the sum of £2305 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Next under account reference xxxxxx and assigned to the claimant on 1/11/2013 notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. The claim includes statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum (a daily rate of 0.51) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £22 What is the value of the claim? £2512 Is the claim for a current or credit/loan account or mobile phone account? catalogue account When did you enter into the original agreement before or after 2007? before 2004 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? a default has been registered on credit file but I have no default notice in all my paperwork and don't remember receiving one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no but Lowell wouldn't be due to send one until nov Why did you cease payments:- everything got out of hand financially and was on a dmp but then lost my job and couldn't carry on payments Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original credito r and make any attempt to enter into a debt management plan?yes I hadn't done a cca request had written on and was planning to post today because I thought they would agree to the extension oh how stupid am I. I sent a CPR31.14 request to Bryan Carter on 2/10/2014 along CPR 15.5 request for an extension they received it on 3/10/2014 Yesterday 8/10/2014 I received a letter from Bryan Carter stating that as the case would be allocated to small claims tract part 31 does not apply and the original credit would have already sent the documents. They also refused the extension I need to submit a defence by sunday I did not sign an agreement with next I just order some clothes and ended up with an account this was in either oct/nov of 2004 is there anywhere I can find some help to put a defence together for example how to word it as my defence is that i didnt sign an agreement and i havent recieved a default notice. Also should I put something in the defence about the fact they refused my cpr request? thank you all for taking the time to help
  3. Bryan Carter issued court papers to me on 11th Feb 15 regarding an old t-mobile debt the last payment to them left my bank account on 23rd December 08. I even have a statement issued by lowell covering the period 01/10/08 to 30/04/12 showing nil payments and the balance is still the same today. They can even get their statement right. I filed a defence stating that the debt was statute barred under section 5 of the limitation act 1980. Have received response from bryan carter saying they intend to proceed as the limitation period runs from the date the original creditor became entitled to demand payment. Default was issued 10th July 2009. They want me to settle the matter by way of Tomlin Order. Any advice on how to proceed I thought statute barred was from the date of last payment which was the cause of recovery action. Regards
  4. I have received a letter today Dated the 10th of march. Claiming that I have "failed to make repayments as ordered by county court judgement" and stating that i am now " in arrears with the order in the sum of £***.**" I have been given instructions to make payment immediately to bring the CCJ order up to date and prevent further enforcement action being taken against me. they have given me this web URL www dot bryancartersolicitors dot co dot uk and this phone number 08458396157 Apparently their client has instructed for them to take further enforcement action if i do not pay the arrears or contact them within 7 days . They have then listed what this enforcement action may include; Warrant of control, Attachment of earnings, Charging Order, Order to Attend court for questioning. Their client is apparently Lowell financial limited The brand/ product is Vodafone I can provide the account number if needed and the claim number also. They have also given me a reference number. Any advice would be greatly appreciated as I'm very naive with this sort of thing and want to get as clued up as possible before throwing the book back at them so to speak. What should be my first actions and who should I contact as this is the first I have heard that i owe anybody any money and have read some reviews on these people and none of it has been good? Thank you in advance. Al
  5. Hi Guys i hope you can help point me in the right direction as to how i can proceed with this. 4/5 years i had finanncial issues which meant i defaulted on my debts. but i have been hounded ever since with debts sold on etc to lowell. they. From previous advice i have ignored the letters and when they called which is an awful lots of 100 + and 20 + letters they have passed this now to bryan carter solicitors. they sent a letter earlier stating if i didnt pay by 31st then it was going to court. now received this letter today (i have typed the content as i dont have a scanner.) Our client lowell financial account no. XXXXXXX balance £7304.60 Dear mr julesverne As you have failed to make payments on the above account we have now issued litigation proceeedings in the county court. you will receive the clain form in the next 48 hours direct from the court. the claim form will show the following items have been added to the debt principal balance £7304.60 interest £580.96 court fees £100.00 Solictor costs £190.00 outstanding balance to pay now £7304.60 you can telephone us on 0845 0349918 to discuss this matter. please note that the claim includes the additional items set out above which Lowell Financial are entitled to recover. A proportion of any payment made may be allocated to your principle balance with the remainder being allocated to fees, costs and interest (if applicable). the principle balance only will be reflected on your credit file with the credit reference agencies. if judgement is entered against youand remains unsatisfied it will remain on the judgement register for 6 years and you will have difficulty in obtaining further credit. end of letter. how should i proceed with this i want to fight them over this due to the way i have been harrased over the last few years. please any help would be most appreciated my wife is sick with worry over this and cannot sleep.
  6. Hi All, I hope I have found myself in the right sub forum! I've leafed through pages and pages of helpful posts from you guys regarding Bryan Carter and similar situations to mine and I've been taken aback by how helpful people have been on this site with people's problems. I was, however, still unsure how to proceed with an issue of my own i'm facing and was hoping to ask for advice.... To start with I'll lay out the groundwork I had a contract with O2 some years back now (2011?) that originally started in 2009 or so, towards the end of this contract with maybe 3 months remaining on the current rolling deal the phone I was using ceased functioning and I called O2 to cancel the contract. They accepted this (and I have a letter confirming this action) as I had been on the contract for a long time and I dare say they more than made their money off me! I was also paying for two months where I wasn't using the phone because I am horrible at managing my money However some time later I received a letter from O2 demanding payment for the 'unpaid debt' and I responded saying nothing was due (including a copy of the aforementioned letter). Sadly this was ignored and I started receiving letters from Lowells, and Red, and eventually Fredrickson. In all cases I have simply sent a letter saying I have no debt and including the letter, asking for confirmation of what the debt source is. But now I have received a letter from Bryan Carter, and if my initial investigations are anything to go by, I will soon find myself in the unfortunate position of missing work to be dragged to a courtroom. Because of this I would like any advice anyone can offer with regards of how to deal with Bryan Carter, I had my first mail from them today (if no response in 14 days a claim will be issued etc). Am I in better stead because of them playing ping-pong with the debt? Is there anything I can do to keep this out of court? And what is the best way to ensure they drop this ridiculous charade and finally put this to bed instead of someone else sending a letter demanding money I don't owe in a few months time?! Its really rather stressful and I have to admit i've rather had enough. The initial debt was under 100 pounds, Bryan Carter are now estimating (with court fees etc) that they will be looking for 275 pounds. Is there a leg to stand on in that too? Looking forward to hearing back from you.
  7. Hello, I hope that I am on the right forum/ thread. I have received a CCJ claim form for an old mobile phone that was with Orange. It is from Bryan Carter solicitors on behalf of Lowell Portfolio. I have responded at MCOL tonight stating the intention to defend and asked for additional time. The claim was issued on the 21st Jan. We constantly had issues with the signal of the phone and called numerous times over the three months before we stopped paying the contract and took another contract out with another company who provided us with a vastly improved signal. On the times that we called they agreed that there was issues with the local mast being out of order and they admitted that there was a problem. However we have no evidence of these conversations, although I would hope they are on a call log somewhere. There is no information at all about this account with the claim form, No dates of original contract etc. We estimate that we had the contract about 3-4 years ago, possibly longer. The amount is for less than £200. Your advice and help would be greatly appreciated.Many thanks
  8. I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now. The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it. Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then? 1. Can they still chase me privately? 2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?) Any help / advice appreciaed, thank you!
  9. TEMPLATE AT THE MOMENT WILL UPDATE IN A BIT NORTHAMPTON (CCBC) county court Claim no xxxxxxxx Issue Date Particulars of claim The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 wherby Lloyds BANKING GROUP original creditor provided the defendant with a credit card. In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assisgned to the Claimant. The claimant therefore claims the sum of £xxxx plus costs. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct. ========= signed OPTIMA LEGAL SERVICES LTD
  10. Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant Lowell portfolio I ltd Date of issue I have acknowleged and sent one of andyorch,s defence What is the claim for. THIS CLAIM IS FOR £450 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/GOODS. THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWEL PORTFOLIOL LTD. ON XX/XX/XXXX AND NOTICE SERVED PERSUANT TO THE LAW OF PROPERTY ACT 1925 PARTICULARS RE; HBOS A/C XXXXXXXXXXXXXXXX AND THE CLAIMANT CLAIMS £ 450.00 THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM XX/XX/XXXX TO DATE AT 8% PER ANNUM AMOUNTING TO £33.02. What is the value of the claim? In the particulars of claim the sum alleged is £450, However the full claim is for £480+court fee £35 +sol cost £50= £533 Is the claim for a current or credit/loan account or mobile phone account? Basic Bank account. Cardcash When did you enter into the original agreement before or after 2007? 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigend as far as the particulars of claim goes, although I was not made aware of this. Also this Account was disputed to the original creditor. Received the usual response. then passed on to at least 4 different collection agencies, of all who responed to with a letter of account in dispute. Were you aware the account had been assigned – did you receive a Notice of Assignment? No, see above Did you receive a Default Notice from the original creditor? No not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not heard anything until the County court claim Why did you cease payments:- Around 2009 Was there a dispute with the original creditor that remains unresolved? Yes. Not resolved by the bank and told to complain to the F.O.S Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Sent at the time. Was told that current accounts not regulated by this act... Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Have done so. no response.
  11. Hi I am hoping for some advice regarding proceeding to court, I will try and outline what has gone on so far! I was contacted by Lowell Portfolio some time last year regarding an old Vodafone debt. I was not aware what this was as I had previously had a Vodafone contract but terminated the contracted and as far as I was aware settled the account. I do remember querying the account with Vodafone at the time but to my knowledge this had been sorted. I have repeatedly asked Lowell and later Bryan Carter to send me a copy of the contract and information relating to the debt this was never sent. I then received a claim form and filed a defence of having no knowledge of the debt and despite repeated requests been given no paperwork. they then sent me a TOMLIN order and told me that I could sign this and pay or they would take me to court. I again asked for paperwork and told them whilst I did not wish to go to court I would not be bullied or harassed into paying a debt I had no knowledge of. The court mediator called and (sounding very cross) told me there was no point in mediation as I had no paperwork relating to the debt so there was no way a settlement could be reached (I quite agree). She said she would refer onto the small claims court. After this I contacted Vodafone myself to get to the bottom of it, they have said it is in relation to a contract that was terminated in January 2009, which is when the last DD was received on the account and apparently they then added an early termination fee. Money owing on the account was then paid between July 2009 - June 2010. I asked if they could send me a copy of the contract and they said they would no longer have it but would send me a breakdown of what was owed - not that helpful as I do not believe I was in a contract a the point I left them. I have received a General Form of Judgement It is ordered that: or Order today and it states: 1. Claimant do file and serve by 4.00pm on 16th February 2015 a copy of the agreement in accordance with CPR PD 16 paragraph 7.3 together with a schedule of payments to the account. There after file to be referred to the judge. 2.This order having been made by the court pursuant either to rule 3.3 or rule 23.8 of the civil procedure rules 1998, any party affected by this order has a right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application. Sorry for the very long post but having got this far I am not a bit confused if I need to do anything in relation to this letter?
  12. Hi received court claim form from Bryan Carter solicitors dated 20th jan 2015. Only other contact I have had off Bryan Carter solicitors is text messages which say the following I have ignored these as there was no name to it it was relating to ie me my husband etc. Text message reads Please call Bryan Carter solicitors llp on 0203 xxxxxxx quoting ref 1xxxxxxx further info may be obtained at w.byrancartersolicitors.Co The court documents read This claim is for 938.78 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and / or goods This debt was assigned/ purchased by Lowell portfolio ltd on 08/11/2013 and noticed served pursuant to the law of property act 1925 Particulars Re. EE ltd formerly t mobile A/c 7xxxxxxxx The claimant claims 938.36 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 75.08 I have looked at noodle and can't find this debt on there. Also I have have tesco mobile for over 5 years so I believe this debt is statue barred but how do I do the defence, what do I put. I haven't told oh as we are only just managing we have two children with special needs and also I suffer with lung disease so the stress of this is making me ill. The texts are now coming through every 2 to 4 hours Can someone help me please
  13. Hi All Had a number of card issues over the years which I have managed to keep at bay with the help of this website - but Bryan Carter won't back down. They have failed to provide a signed copy of the CCA and have now submitted their Court Bundle which includes a the a 3 paragraph Credit Card Account Agreement - but the T&C's are a separate 13 pages without any signature and could have come from anywhere. They have said they will not be in Court and state they did not receive my requests for CCA, nor did the original card supplier - I have kept the Post Office receipts of recorded delivery. Are they playing brinkmanship and hoping I bottle it or have things changed since my last couple of battles 2 years ago? Thank
  14. Hello all, I'm here to ask for a bit of help, My uncle recommended you guys, so I hope you can help. When I got home today I had a letter through the door (11/12/2014) from County Court Business Centre. below is the information i believe you require, now if im correct, i think there may be a mix up. as its dated 26th november 2014. Name of the Claimant ? Lowell Portfolio Limited Date of issue – . 26th November 2014 What is the claim for – "THIS CLAIM IS FOR 381.34, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDENT TO PROVIDE FINANCE AND / OR SERVICES AND/ OR GOODS. THIS DEBT WAS ASSIGNED TO / PURCHASHED BY Lowell Portfolio I Ltd, ON 07/03/2013 AND NOTICE SERVED PUSUANT TO THE LAW OF PROPERTY ACT 1925. PARTICULARS: RE- O2 (UK) Ltd A/C NO .......*** , AND THE CLAIMENT CLAIMS 381.34 THE CLAIMENT ALSO CLAIMS STATUTORY interest PURSUANT TO S.69 OF THE COUNTY ACT 984 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 30.51 "£381.34 for debt of phone contract " What is the value of the claim? 381.34 Is the claim for a current or credit/loan account or mobile phone account? Mobile (O2) When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchasher (Lowell) Were you aware the account had been assigned – did you receive a Notice of Assignment? "Not that im aware of" Did you receive a Default Notice from the original creditor? Not that im aware of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? "Not That Im aware of" Why did you cease payments? "I had Lost my job, I remember phoning them asking if i could send the phone back and they said no, and i had informed them that i was not able to pay it." What was the date of your last payment? back in 2010 Was there a dispute with the original creditor that remains unresolved? "only what i had said above" Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? "No as they wouldnt let me because I had no income at the time" also total ammount including court fee + solicitors fee is £496.85. Please could someone try and help based on the information i have tried to provide. I hope its enough, but whats worrying me is that it dated the 26th november and it only came today. if you have any more questions or if you could help me with the next steps that would be great and i would be so thankful. Regards. Dan
  15. I took out a loan with halifax around 9 years ago. I defaulted after 18 months and it got passed to various debt collection agencies. 4 and a half years ago I paid 3-4 instalments to a debt collection agency before being unable to afford the repayments. I have had no contact with any debt collection agency since this point. 3 years ago i then received a letter stating the debt was settled from halifax. 4 days later I received another letter explaining they had had a system error and the debt still stood (my family moved house shortly after and I can't find the letters). 18 months I moved to a set location and have been here since, at this point lowell and fredrickson started bombarding me with letters and phone calls (none of which were answered or responded too). I received the usual we will take you to court letter a month ago. I returned home today to a response pack from Northampton county court. Any advice would be massively appreciated. I'm a serving soldier and not very good at this kind of thing (also explains grammar etc).
  16. Hello Just some advice please. A friend has a debt with Lloyds who have passed the collection to Bryan Carter solicitors. she has received papers from her local county court to take part in a mediation (?) telephone call in connection with the debt. Is this a new procedure through the county court? What happens if she chooses not to take part? Is this just a form of intimidation. The debt is approx 4K - she has asked for copy agreement etc from Bryan Carter and Lloyds - but no response. Your views would be most appreciated. Thanks
  17. Hi all, hoping you can help this newbie with a debt problem. In April 2008 I received a default notice from Lloyds relating to an overdraft on a joint current account I held with an ex partner, as it had been 18 months since the split I phoned Lloyds explaining that I had nothing to do with the debt (£700) and the account was in credit when I left. After a visit to my local branch and a chat with a very helpful lady it was proved that I hadn't used the account for 18 months and I was told my name would be removed from the debt and they would chase my ex, I have heard nothing from Lloyds since. Imagine my surprise when in October 2013 I received a letter from Lowells demanding repayment then phone calls, none of which I answered, then Fredrickson then Bryan Carter and now a claim form from County Court bulk centre in Northampton (yesterday). The only contact I have had with any of these companies is a letter I sent to Fredrickson stating I had no knowledge of this debt, the reply was a load of gobbledegook about a "Notice of assignment" which I have never received. I am not sure what the next step is, maybe someone here can help ?
  18. Claimant: Lowell Portfolio I Ltd Date of issue: 12th June 2014 What is the claim for – This Claim is for £1100 the amount due under an agreement between the original creditor and the Defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925 Particulars Re: Lloyds A/C No xxxxxxxxx And the claimant claims £1100 The Claimant also claims interest pursuant to S69 county court Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81 What is the value of the claim? £1300 Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claimant has included it in the total claim Is the claim for a current or credit/loan account or mobile phone account? Current Account When did you enter into the original agreement before or after 2007? Before 2007 (2005) Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I've received a letter from Lloyds giving me a notice of assignement of the debt to Lowell Portfolio. It has a date of 24/06/2013 and the letter ittself has been dated as a 10th July 2013 Did you receive a Default Notice from the original creditor? Not aware of Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not aware of Why did you cease payments:- The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for. Also Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £3.50 rising to £7 after 3 months (as far as I'm correct) Was there a dispute with the original creditor that remains unresolved? Yes, I disputed the alleged debt but they did not resolve it. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I wrote to them about Financial Hardship but they rejected to refund the charges. FURTHER INFO Thanks in advance for any help. I need to file my Defence by Sunday 1st June 2014, it is a very similar issue as one of the previous forum member but I'll give a brief outline to the claim, I believe it is statue barred but obviously I'm a total amateur The Original alleged debt was with Lloyds TSB for a Current BANK ACCOUNT, debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 3rd Septemeber 2007, after that I didn't use the account, but Lloyds TSB kept applying Account Charges, interest and finally the account was closed/passed to debt recovery. On 12th June 2014 Bryan Carter wrote to me and stated they have issued a claim and we should receive it in 48 hours!!! In fact I had a letter from the Court dated 12th of June as well Any help and advice would be highly appreciated, my deadline is 1st July 2014, not a lot but we just came back from a holiday to have this rather depressing surprise. Am I correct in thinking that my next steps should be to send a CPR31.14 to the Bryan Carter Solicitors? Also, should I fill the "Acknowledgement of service" now? Sorry about the basic questions but I'm a bit lost, this is the first time (and hope the last one) I'm involved in something like this. I'm also attaching a checkmyfile credit reference file, one picture shows original Lloyds TSB entry and the next one shows after the debt has been purchased by a Lowell. I'm not sure if it should be showing as a 2 separate entries though. Kind regards
  19. Hi my wife has today received a claim form from the courts in respect to a shop direct account which was passed to Lowell portfolio 05/04/10 the account was made 2004 and she never signed any credit agreement. what do I need to do now as I really want to get this sorted quickly as my wife suffers from mental illness,anxiety and severe depression I look forward to hearing from you all and thanks in advance
  20. I've received a county county claim form from Bryan Carter solicitors. It is from a credit card I had 2 years ago. I do owe around £1,400 and have tried to make a payment plan of £5 per month with firstly the credit card company and then also another debt collection company. I asked them to stop please stop adding charges and instead to help me arrange a payment plan. I never received a reply or even an acknowledgement from either. The next thing I know I've received a Claimform from Carter. I didn't even know the debt had been transferred to him and Lowell. I have been in hospital so if they have sent anything recorded I wouldn't have been able to sign for it so it would have been returned to them. I'm presuming they didn't send anything though as I've had no card through the door. I do owe around £1,400 but they are now trying to claim over £2,100 plus £99 interest. I've got till Thursday to reply and am worried about where to go next. I'm not currently working as I've recently had a baby and have no job to go back to as I only worked casually occasionally. I know I only owe part of the amount being claimed but if I admit to that part of the claim what is likely to happen? Would I have to then go to court to defend the rest of the claim? Would it cost me to do this? Would I be most likely to lose and the court would see this £700plus as reasonable charges? Thank you in advance.
  21. Good evening, I will outline my situation as briefly as possible... Bryan Carter put in a claim for approximately £2260 relating to a credit card I had with Capital One to Northampton County Court Business Centre, issue date 08th Aug 2014. The debt is not statute bared I responded to the claim appropriately on the money claim website and informed them I would be defending my case. I then proceeded to send CCA and CPR requests to BC and Lowell Finance. All requests were denied in writing by BC on the basis that the courts protocol was followed and that my case was most likely be allocated to the small claims track. All of a sudden the due date for my defence was upon me and I had nothing to go on so called the court advisers who advised me to file the form N244 with a fee requesting an extension to file my defence. While researching how to fill in form N244 I stumbled across a forum post detailing a situation where the defendant in similar circumstances had not only requested an extension but requested that the judge ordered the claimant to supply the defendant with all the appropriate and relevant paperwork. I effectively copy - pasted his covering letter, filled out the form appropriately and emailed it all off to the court with copies of the letters BC had sent me denying their obligation to send me the paperwork. Weeks went by and I'd heard nothing from BC or the courts I called the courts to find out what was going on. Only to be informed that they had not received my N244 and covering letter etc. It transpires I'd made a mistake with the email address. I was advised to resend it immediately which I duly did, this time receiving a delivery receipt. This was early November. The very next day I received an envelope from BC containing a copy of my signed credit agreement and statements. No copy of the default notice? Today I received a letter from the court informing me that the judge had deferred my application with the comment "The Defendant must provide reasons within the application" My question is... Where do I go from here? regards
  22. Hi I would appreciate a few pointers on this. The dreaded BC has obtained a CCJ by default againt me. The problem is that I never received the original claim form, so had no opportunity to defend the claim. I'm not even sure what the claim is for, but it's possible it's for an old Co-op bank account overdraft which has been in dispute since 2008. I want to apply to set it aside, but I've been reading that it's very difficult to do this. Also the fee of £155 seems a bit steep!! I understand that if I can get BC to agree to a set aside it will only be £50. The whole debt, including fees, is just over £500. I believe the claim form was sent to my old address, although I have a redirection in place, the claim form was not redirected. I Have not received any correspondence from BC or anyone else demading money either, so I'm a bit puzzled really. Had I received any correspondence I would have just sent him the usual account in dispute. It may even be statute barred anyway. Had I also received the claim form I would have dealt with it. The problem I have is that I can't find out from the Court at the moment the details of the claim because I'm having trouble getting through. I don't want to pay out £155 if there is no chance of getting it set aside and if it is the Co-op Bank, I'm not sure I have much of a defence as I probably do owe some of the money but not the amount they were demanding. They simply refused to send me any statements or an explanation of how a closed account incurs charges! I am minded just to pay it off within the timescale but another thing that concerns me is if I have to pay BC direct what guarantee have I got that he informs the Court that it has been paid within the timescale and not to register the CCJ? How do I know he won't register it anyway? I also thought I could try and get BC to agree to a set aside and then negotiate a payment plan. I'm not sure how likely that is bearing in mind his reputation. I would appreciate some advice on the best way forward.
  23. Hi this is for an old Shoe Tailor account from Dec 2004. I've checked my credit record and it's showing Lowells default date 4 January 2012. I have had no letter of intent from the Solicitors? I have made payments to this debt so pretty sure it is not statute barred. It has been to lots of different DCAs. I have now entered into a Debt Management Plan and Lowell have more than one account with me and do know this. I had passed accounts to Stepchange, which i informed all creditors of. Having checked my email I only put reference for the other account i have with them in the email i sent them notifying them of my move to Stepchange. I believe I last paid this account on the 23rd December 2014. The particulars of the claim are: The claim is for 3352.20 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 Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925. re: JD Williams account. What do I do now? As its a catalogue I'm guessing they wont have nor need a signed agreement? Also I can only see 12 months of my record on my credit file but believe this debt has become more than double the original value i had with Williams originally as although i was making payments they charged me more than my payments.
  24. hi, I need some help as I have received a claim form from Bryan carter solicitors whose acting on behalf of Lowell portfolio I ltd. I believe its for 02 account which I didn't pay. I had a dispute with them and terminated the contract. I left it at that. then all of sudden iv received the claim form from county court business centre. date issue was 17th of October. any help will be appreciated many thanks.
  25. Hi i had a bank account with a £250 overdraft , i cancelled a standing order but the bank paid it which sent me over the limit the the following month i got £39 charges which took me over the limit again ( after they paid the standing order i contacted them and they said i didnt give enough time to cancel the payment i did it online . so after they made the payment i stopped using the account as i was mad with the charges as they shouldnt have let the payment out . Anyway this was in 2008 i have had different letters from different companys i sent letters to lloyds requesting unfair charges back but was fobbed off so when i got a letter from these debt agencys i sent them a request for a signed credit agreement then they would close account and then months later different company same again . So today i have received a letter from bryan carter solicitors about county court proceedings the balance is £374.72 , with charges being just over £300 so most of the balance is made up of charges on the account , from one of the companys they said lloyds do not supply agreements with these type of accounts and were unable to supply a copy of the overdraft facility letter i requested . the last payment out of the account the 24th nov 2008 everything after was charges ( how does the 6 years status barred work ? ) as its nearly 6 years to the last time something come out of the account 14th nov 2008 was the last time something paid in . sorry for the long post many thanks for any help .
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