Bryan Carter/Lowell claim form - old catalogue debt - help

[Droosie]

Please help.

 

I have been receiving letters for some time from Lowell and then Bryan Carter about a debt I know nothing about.

The account number means nothing to me and the debt is for about £1000.

 

I have just ignored them tbh as I just assumed they'd sent them round to everyone of the same name etc to try and fish out the persoin they want.

 

Today I have had a letter from Bryan Carter Solicitors to say that they have issued litigation proceedings

and that I should expect to hear from the court in the next 48 hrs.

 

Can they do this of they re not sure of who they are looking for?

 

Have been racking my brains and all I can think of is a catalogue which my exH bought something from which was in my name..

...he paid the installments and I haven't had anything to say this was not continued.

That was about 4 years ago..

..but the account number is not the one which Lowell etc are quoting.

 

Where do I go from here and who do I contact first?

 

Is it Bryaan Carter or is it Lowell?

 

What do I ask?

 

No debts to my knowledge and am on benefits as my child is disabled.

 

If it IS this catalogue (don't think it is) then how much will a court make me pay?

[dx100uk]

I don't think the letter actually says WILL anywhere...

 

have you looked at your credit file? [see links below]

 

does this 'debt' show?

 

dx

[fkofilee]

DX

 

I think from what i read they have already issued legal proceedings?!

[Droosie]

DX

 

I think from what i read they have already issued legal proceedings?!

 

Yes they apparently HAVE issued proceedings ....on a debt I don't know anything about.

 

Good point regarding credit file.....will check it.

[ims21]

They say they have but until you receive the document from the court you won't know.

[dx100uk]

please scan up that letter...

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[Droosie]

I am a techo idiot but will type out the text of the letter....

 

 

 

"Dear Mrs Droosie

 

As you have failed to make repayments on the above account we have now issued litigation proceedings to the County Court. You will recive the claim form in the next 48 hours direct from the court.

 

The claim form will show the following items have been added to the debt

 

PRINCIPE BALANCE £1217.30

INTEREST £75.78

COURT FEES £ 80.00

SOLICITOR COSTS £65.00

 

OUTSTANDING BALANCE £1217.30

 

You can telephone us on 0845 0349918 to discuss this matter

 

Please note thatthe claim includes the additional items set out above whch Lowell Financial Limited is entitled to recover. A proportion of any payments 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 credit refernce agencies.

 

If judgement is entered agaist you and remains unsatisfied it will remain on the Judgement Register for six years abd you may have difficuty obtaining further credt

 

Yours sincerely

 

 

Bryan Carter Solicitors"

 

 

Will a judge issue a CCJ when he/she cannot be sure that the creditor has the right person?

[fkofilee]

I would ring them and ask them what the hell they are playing at??!!

Do some data probing and find out more information.

 

They have legal obligation to tell you what the debt is about... Once you receive the claim form, we will help you as best we can

[adridude]

I've had quite a bit of experience with Bryan Carter. Write them a 'prove it' letter. I made the horrible mistake of calling them in the begging and promising them £5 / month good will payments until this is resolved.

 

The debt is nearly paid off, and when it is I'll be making a small claim off of them for the money as they refuse to send any proof of the debt...

 

That reminds me, I need to call them again to find out the position on them 'investigating the debt'. I'll try and record it and show you why phoning isn't a good idea (I know silly mistake but there's hardly any cash left and someone has to expose them )... I'll posit it in another thread and link it in here.

 

but in short, write to them with a DSAR.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?407687-Coverage-of-SAR

 

If you scroll down CitizenB took some time to literally show me the scariest SAR I've ever seen! I'd personally:

 

1) Dispute the debt to ally. They can't pursue a debt which is in dispute.

2) Ask for proof of transfer of ownership i.e. from company x to them (i.e. if it was Orange as it was in my case, ask them for proof that they notified you of transfer)

3) Send that nasty SAR (aka DSAR) which I linked above

 

In regards to the 'legal proceedings', ignore the letter. Theonly time you should raise an eyebrow is when you receive your part of a court claim. If this hasn't happened, it's nothing more than a toofless (lol toothless) threat. Bryan Carter works for a number of firms which buy debts for peanuts. Which leaves another interesting point.. with that DSAR, they should supply a copy of the invoice / receipt from when they bought the debt as your details where on it.

[Desperate Daniella]

Hi Droosie, and welcome to CAG!

 

Did you by any chance keep the earlier letters from Carter? He should have sent you a Letter Before Claim before he issued proceedings.

 

DD

[Droosie]

Unfortunately I didn't, just binned therm as thought its not me".

 

Court stuff came today.....JD Williams is the original creditor.....which means nthing to me so need to Google him/her/them!

 

Is it too late for me to send a "prove it" letter to Lowell?

 

Can I say to the court that the debt is in dispute and ask for a hold to be placed on it? Is that possible?

Edited December 6, 2013 by Droosie

[Desperate Daniella]

I think they are a catalogue.

 

Are you speaking to your ex-H? Can you check with him about the payments? And if this was the catalogue company?

 

Can you post up the Claim form (obviously removing the Claim number, your name and address and the amount)?

 

Otherwise can you type exactly what it says in the Particulars of Claim.

 

There is another thread on here where a debt has clearly been sent to the wrong person.

 

Certainly you can write to Lowells and ask them what this is about but we need to know what the PoC says.

 

And/or you may have to do a CPR request to Carter.

 

You can't ask the Court to put a hold on it without Carter's consent, but they may agree to an extension if you ask for information and there is a delay in providing it.

 

However, the most important thing is that you put in your Acknowledgment of Service on time. You have 14 days so don't worry just yet.

[Droosie]

It IS my old catalogue....

..exH stopped paying it and has no money.

 

Catalogue was mine.......account number Lowell's have assigned is utterly different

and must be one of their account numbers.

 

Need to do an income and expenditure form now to see what I can spare for it.

 

Can I avoid a CCJ?

 

Not that this is terrible as I don't use credit anyway but it's not a great thing to have.

[Droosie]

JDWilliams are the parent company which was why I didn't recognise the name.

[dx100uk]

cca request / cpr 31.14 off to carter then.

 

when was the last time this was paid then?

 

dx

[Desperate Daniella]

What a miserable bu**er your ex is.

 

This is difficult as the account is in your name.

 

I'll try and get someone legal to come to your thread.

[Droosie]

Okay....last payment was in 2010 I think.....will check but suspect it was then. Will check bank statements and see how far back they go.