carter letter - old cap1 debt - help please!

[F1fan]

I have today received a letter from Bryan Carter Solicitors informing me that they WILL issue court proceedings on the 22nd of Feb if I do not pay them £1100.

 

Their clients or reference appear to be Lowell finance and I believe the original debt was from Capital one credit card.

 

I believe the original debt may date back to mid 2007,

but having moved house and misplaced most of my paperwork I only have this letter along with a letter from capital one dated feb 2009

informing me they have sold the account to Lowell.

 

I have not had any contact (bar that letter mentioned above) with anyone or made any payments on this debt for 2 years,

so I was a bit stunned to see they are going to drag me in to court next week!

 

I could really do with some advice from someone in the know

- will they follow through with this threat or not?

 

How do I proceed,

should I request a CCA from Bryan Carter or

should I just offer a full and final settlement,

bearing in mind I am currently unemployed and on Incap benefit due to poor health.

 

I'm also not sure why they are asking for £1100 as the original debt was not that big, but again I have no paperwork to disprove it!

 

I already have a default on my credit files from capital one on this debt and I could really do without a CCJ and bailiffs knocking on the door due to my health!

 

any advice would be greatly appreciated.

Edited March 1, 2010 by F1fan

[Revenant]

Hi F1fan

 

Welcome to CAG you're in good hands

 

The experts will be along soon I'm sure but i think you'll find there's things that can be done and as for a ccj and Bailiffs try not to worry for now, you may well find that you'll get support from those who have also dealt with BCS

 

Can you get the letter scanned and posted in here so that it can be read word for word that way them that know will determine the strength of the threat there in

 

Sorry I can't help any more

 

 

Good luck

 

R

[F1fan]

Hi, thanks! I am just getting stressed out, as to be honest I have had my head buried in the sand for the last couple of years. I don't have access to a scanner unfortunately, but I can type it out word for word:

 

'' RE: Lowell finanace limited, Account no: XXXXXX, Outstanding balance: £1100.

 

You have failed to repay this debt, which is seriously overdue.

Court proceedings will be issued on 22 February 2010 IF PAYMENT IS NOT RECEIVED AT OUR OFFICE BY THAT DATE

 

Court costs and interest will be added to your debt if it is necessary to go to court and therefore the outstanding balance will increase.

 

You must make payment BEFORE the 22 February 2010 if you wish to avoid the matter going to court. Payments can be accepted by (blah blah blah, calls us on XXXX)

A Judgment order may prevent you from gaining credit in the future and will remain on the Register of Judgment debts for a period of 6 years.

 

We look forward to hearing from you with your payment.

 

This matter has now reached a critical stage and you may want to obtain independent legal advice.

 

Yours faithfully

 

Bryan carter & co.''

[harrassed senior]

OK so first things first don't panic - Bryan Carter is well know for his back door approach to getting CCJ's.

 

You say this probably relates to a Cap 1 Credit Card from 2007. This dat is important as it is around the time that their Credit Agreement we found to be faulty and therefore can be disputed.

 

My Opinion would be to send the CCA Request to Bryan Carter by Recorded Delivery.

 

Keep a close eye on your mail as he has been known to go to Court pretending that you have been notified. This in itself is not a problem as the Judgement can be set aside if you have not had proper notification, but I am getting too far ahead.

 

Get the CCA Request off as soon as is possible. Personally I would not mention receipt of his letter unless it came by Recorded Delivery.

 

Whatever you do - do not get stressed - we have all buried our heads in the Sand at some time, then found CAG and taken back control of OUR finances not 'theirs'.

[Revenant]

That letter doesn't contain the usual if/might/may references to threatened action so I feel it's quite heavy but just don't take that from me wait for others to reply as well

I don't know if it would be worth sending a CCA request by special delivery first thing tomorrow as it should arrive first thing monday morning (or make sure you use a service that makes sure it does) as the request for proof being signed for BEFORE they get a chance to go to court might gain you some breathing space in which to format your responce

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Send £1 postal order which is the stat fee print your name do not sign the letter

 

I really don't know if it would work but if that letter is genuine it's worth a go

 

Good luck

 

R

[247orbital]

Carter will have to serve papers on you first "IF" he does you can make it your intention to contest the judgement. He normaly goes for the fast track route but people on here will guide you with what to do. He normaly sulks off as his main aim in life is to obtain judgements by default.

[F1fan]

Thanks guys, I am trying to get things sorted now.... hhave completed the letter in word and signed it digitally, and I will get it printed and posted via special delivery tomorrow morning!

 

The wording of the letter is the reason I am concerned, I have buried my head for a long time as the letters (or ones I have got from another debt anyway, this is my first contact with Bryan carter & co) usually just threaten by using terms like 'may, possibly, could, might' etc etc, this one actually seems to be a clear cut threat that they will follow through on.

[harrassed senior]

Well he is well known for pushing through a CCJ quite quickly, but as has been said, IF that does happen it will be easy enough to get it set aside and he will run like the wind in the oposite direction if you tackle the problem head on.

 

You will be given much help each step of the way on here, many have 'been there, done that' with BC.

[twofoot]

Carters biggest [problem] is to send any court summons to your previous address, thus enabling him to get a CCJ by default because you failed to defend.

[PGH7447]

also sar crap1 and get all statements, I bet their are loads of charges etc that you can claim back

[themagician]

Thanks guys, I am trying to get things sorted now.... hhave completed the letter in word and signed it digitally, and I will get it printed and posted via special delivery tomorrow morning!

 

The wording of the letter is the reason I am concerned, I have buried my head for a long time as the letters (or ones I have got from another debt anyway, this is my first contact with Bryan carter & co) usually just threaten by using terms like 'may, possibly, could, might' etc etc, this one actually seems to be a clear cut threat that they will follow through on.

poss the only reason you have no we MAY! we MIGHT! and so on in bc,s letters is because he knows caggers have caught onto his idle threats and so a change of attack is needed,he will not respond to your cca ,he will prob go straight for a court judgement ,poss through the back door element,but dont worry then it will be time to fight back

" i did and crushed him" owe how i like this site.

sit back enjoy the fight,your in caggers country now!.

[Mr Worried]

poss the only reason you have no we MAY! we MIGHT! and so on in bc,s letters is because he knows caggers have caught onto his idle threats and so a change of attack is needed,he will not respond to your cca ,he will prob go straight for a court judgement ,poss through the back door element,but dont worry then it will be time to fight back

" i did and crushed him" owe how i like this site.

sit back enjoy the fight,your in caggers country now!.

 

Like it Like it... Your in CAGGERS country NOW!

 

Mr W

[F1fan]

poss the only reason you have no we MAY! we MIGHT! and so on in bc,s letters is because he knows caggers have caught onto his idle threats and so a change of attack is needed,he will not respond to your cca ,he will prob go straight for a court judgement ,poss through the back door element,but dont worry then it will be time to fight back

" i did and crushed him" owe how i like this site.

sit back enjoy the fight,your in caggers country now!.

 

Blah, I hope you are right about winning the fight, I have a load of defaults that I am hoping will drop off my files so that I can repair my credit some day.

 

The last thing I want is a CCJ from this bunch of muppets. I CCA'd them and the letter should be with them today (sent special delivery), so lets wait and see what there next move is.

 

How do I know iff they are going to CCJ me without informing me?

[harrassed senior]

You will get paperwork from a Court to that effect, and IF that arrives you will need to spring into action for the set aside. All help will come from CAG.

[discod]

I would not ignore this letter,Bryan sent us a letter for a debt that was only 300 and within the space of a month he had managed a CCJ and a date for bailiffs to arrive on the dorrstep.

He is very quick and will carry out his threats,it happend to us at Christmas

[F1fan]

I would not ignore this letter,Bryan sent us a letter for a debt that was only 300 and within the space of a month he had managed a CCJ and a date for bailiffs to arrive on the dorrstep.

He is very quick and will carry out his threats,it happend to us at Christmas

 

My understanding is that even bailiffs can't do anything unless you let them in??

I have no assets apart from a TV and cheap laptop anyway (living with parents paying keep), no car and we have a large German Shepherd who would not take too kindly to unwelcome visitors trying to kick the door down.

 

If they can provide a CCA then my parents may help me get together some money for a full and final settlement offer, but it would be no where near the £1100 they are trying to claim....... if that wont accept say £300 then I would be forced to offer £5 (paid by cheque or crossed postal order obviously) a week or similar, because at the moment I am unemployed.

[discod]

My understanding is that even bailiffs can't do anything unless you let them in??

I have no assets apart from a TV and cheap laptop anyway (living with parents paying keep), no car and we have a large German Shepherd who would not take too kindly to unwelcome visitors trying to kick the door down.

 

If they can provide a CCA then my parents may help me get together some money for a full and final settlement offer, but it would be no where near the £1100 they are trying to claim....... if that wont accept say £300 then I would be forced to offer £5 (paid by cheque or crossed postal order obviously) a week or similar, because at the moment I am unemployed.

 

If bailiffs have the court documents then yes they can gain access,you can only turn them away if they dont. Im unemployed also and the debt wasnt even mine but somebody who lives here but they still turned up

[themagician]

carter will now have your address but he will still send the court papers to your old address " alledgedly".

this is not really a problem more of a hinderence as the court ccj payment papers will defo arrive at your known address mysteriously!

bailiffs will not call at your address unless instructed by a judge for none payment of the ccj!,but even then it would depend on your circumstances to pay!.

NO dca can send a bailiff to your house ever!

he will go through northampton court bulk centre so it may be worth a call to them to see if he has posted for a ccj against your new? old address ??

i think this may be possible to do,never done it myself just got ccj then went for the set-a-side, carter discontinued ,then went to the set-a-side hearing got judge to strike out the claim and award me costs ! job done ,

all through the help of caggers.KEEP SMILING!

[themagician]

My understanding is that even bailiffs can't do anything unless you let them in??

I have no assets apart from a TV and cheap laptop anyway (living with parents paying keep), no car and we have a large German Shepherd who would not take too kindly to unwelcome visitors trying to kick the door down.

 

If they can provide a CCA then my parents may help me get together some money for a full and final settlement offer, but it would be no where near the £1100 they are trying to claim....... if that wont accept say £300 then I would be forced to offer £5 (paid by cheque or crossed postal order obviously) a week or similar, because at the moment I am unemployed.

on caggers country we dont give them anything until they can prove they can collect it!!!!!!!.

as far as kicking the door down thats a laugh ,you got more chance of getting a suntan at midnight!

[sleepingdog]

Hi F1fan , have to say I disagree with post 17 about bailiffs being able to gain acess to your property with court papers. As far as I am aware unless you let them in or leave doors or windows open they can't get in as they are not allowed to force entry. As always this is only my interpretation and if anyone knows it to be incorrect please let me know .

sleepingdog

[kiptower]

yes you are right, BUT only if they have not gained previous entry , and then would have done a Walking Possension etc, once done they can get in

[F1fan]

Just a quick update; after sending my CCA request last week I have received a letter today from BC.

 

''Dear Mr XXXX,

 

We thank you for your communication regarding this account.

 

We have referred the matter to our client and will revert to you as soon as we are in receipt of the instructions.

 

In the mean time, we confirm that we have placed this account on hold.

 

Your sincerely,

 

Bryan Carter & Co. ''

 

 

Is this a standard letter and what should I expect next? They would have received my CCA request on 22/2/2010.

[PGH7447]

standard response - wait until the 12+2 days are up then send the account in dispute letter

[F1fan]

standard response - wait until the 12+2 days are up then send the account in dispute letter

 

 

It has been 14 days since they received the letter now, so I am ready to move to the next stage?

 

Where do I find the account in dispute letter?

 

 

thanks

[PGH7447]

The Consumer Forums - Debt collectors

 

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