Bryan Carter makes an apearance

[londonolly]

Hello all,

 

Received a letter today from Bryan saying:

 

"Payment must be made in full within the next 14 days, failing which we will recommend to our client that proceedings be issued without further notice"

 

Outstanding balance 136

Court fees 15

Solicitor costs: 50

Total if proceedings are issued: 201

 

Apparently I still have an "opportunity to contact fredrickson with payment proposal.

 

So here is the history. About 5-6 years ago I had a contract with TMobile. I remember losing the phone that came wit the contract in Bournemouth. After that I don't remember what I did with regard to the TMobile contract.

 

13/12/2010: Receive letter from TMobile stating I owe £136.76 and that "On 30/09/10 your account was sold to Lowell Portfolio I Ltd" (does this mean Lowell paid off my debt?). I also received a letter from Lowell breaking it down as £37.09 for line rental and 99.67 for "early termination fee".

 

29/12/2010: Red DCS send me a letter saying the account has been passed to them.

 

13/1/2011: Another letter from Red saying my account is still outstanding and they might check my credit file. And that they can use Hamptons Legal to recover said some.

 

31/1/2011: Hamptons Legal (actually just another letterhead from Lowell) write to me and say they are "assessing your account for legal axction" and they have my credit file. Bonus points for threats to use bailiffs if a CCJ is awarded...

 

14/2/2011 (Happy Valentines Day): They offer me a 50% discount amid a letter full of CCJ threats.

 

25/2/2011: Lowell Financial letterhead, "make us an offer" letter.

 

1/6/2011: Fredrickson "have been instructed by Lowell who have passed this account to us for collection of the outstanding balance. I "must contact us immediately on..."

 

8/6/2011: Lowell send me a strange A5 yellow card which reads "CONFIRMED RESIDENT" in big letters. The photocopy is really bad as the address at the bottom is only half visible. "This account is seriously in arrears and you have failed to reply to correspondance or make a payment plan. Contact us or we may pass your account to solicitors..."

 

21/6/2011: Fredrickson "pay in 7 days otherwise we will take immediate action"

 

5/7/2011: Today I got the Bryan Carter letter.

 

What should I do? It seems Lowell paid off my debt.

[BRIGADIER2JCS]

They are just passing the debt around to make you believe that

the whole world is chasing you.

Somewhere in all that junk mail there an indication as to who actually now owns the

account now.

 

The words assigned for collection means the DCA cannot start court action without leave

from the owner of the debt.

Sold to xxx means all the rights and obligations have been sold on to another company.

Lowell will have sold it if that's the case for pennies in the pound.

[londonolly]

ok, yesterday got another letter from fredrikson saying that they are prepared to make a final ffer for me to settle the debt to Lowell before recommending to our client that they instruct solicitors to issue a claim at my address. and i have 48 hours to pay.

 

am i likely to get invited to a court?

 

as i understand it the debt was paid off when lowell purchased the debt from tmobile. i have signed no contract with lowell (or any of the others) and therefor there is no case against me. do i have to wait till court to say this? i've got better thing to do than go to court.

 

suggestions?

[BRIGADIER2JCS]

ok, yesterday got another letter from fredrikson saying that they are prepared to make a final ffer for me to settle the debt to Lowell before recommending to our client that they instruct solicitors to issue a claim at my address. and i have 48 hours to pay.

 

am i likely to get invited to a court?

 

as i understand it the debt was paid off when lowell purchased the debt from tmobile. i have signed no contract with lowell (or any of the others) and therefor there is no case against me. do i have to wait till court to say this? i've got better thing to do than go to court.

 

suggestions?

 

Hi, It is a common misconception that the DCA has no contract with the debtor, the facts are,

 

When a debt is sold it is sold with all the RIGHTS and OBLIGATIONS THAT THE ORIGINAL CREDITOR HELD

these are therefor transferred to the debt purchaser.

 

When you sign the agreement you will find in the area of the signature box a statement

approximating the following.

 

When signing this agreement you agree to xxxxx placing information with

credit reference agencies.

We may sell or assign the debt to a third party with all the rights, benefits

and obligations of the account.

 

Carter may well issue a claim as he likes to use court action as a threat, of the

cases are discontinued if a decent defence is entered.

 

Brig.

[londonolly]

perhaps i should ask them to show me this contract? i don't have a copy of it myself.

[sillygirl1]

If it is that long ago chances are it is statute barred, Uncle Bryan and Freds have a habit of chasing heavily. Don't fall for their line of a 'reduced payment' if they are offering that chances are they do not have the documentation and are having a 'last gasp' attempt to get funds.

 

Ignore both lots.

[BRIGADIER2JCS]

Oooo yes:madgrin:

[londonolly]

hmm yeah but i don't think it's been quite 6 years though...