lowells/Carter Claimform - Halifax Credit Card 'Debt'

[skurvy]

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

[dx100uk]

please stop phoning them

 

 

send lowells a CCA request and a CPR 31:14 from the legal section of the top green library tab.

 

 

can you please fill this out to

and post the results back here

 

 

we need ALL the info to advise correctly:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

dx

[letsgetitsorted]

acknowledge the claim,

dont trust what Carter/Lowell will say,

see what grounds you can defend this claim on

type up the POC verbatim so that we can see and advise where to go minus any pers details

 

someone with more knowledge will be around soon to help

[skurvy]

Thanks, I definitely wont be calling them again...bunch of cowboys!

 

The details are as follows;

 

Name of the Claimant Lowell Portfolio I Ltd

Date of issue – 6th February 2015

 

Date of defence filing = 4pm 10th March

 

What is the claim for?

 

 

Monies due to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and HBOS PLC under ACC Ref: xxxxxxx and

assigned to the claimant on 03/07/2013.

The claimant claims £2264.27.

 

The claimant also claims statutory interest of 8% etc

 

What is the value of the claim? £2630.42 (inc. solicitors costs: £80.00 and court fee:£105.00)

 

The claim is for a: Credit card

I entered into the agreement: After 2007

 

The debt has been passed to Lowell Portfolio and Bryan Carter solicitors

He was not aware that the account had been assigned

as everything was in his parents address...

(he was not on speaking terms with them until September 2014)

Did you receive a Default Notice from the original creditor? same as above

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No not at all

He ceased payments as he was made redundant from his job and only in the past year got himself back on track

Date of the default was: 19/08/2011

Was there a dispute with the original creditor that remains unresolved? no, just redundancy situations

I did communicate financial issues to halifax and attempted to set-up a debt programme

but really struggled and thats how the default happened

 

There is no disputing that I do owe money to halifax.

Just I don't believe they will stick to their agreement of retracting a judgement.

..nor will they offer a settlement figure.

Any help with this matter would be greatly appreciated and of course will help by donating!

 

thanks

[dx100uk]

have you ack'd the claim on mcol yet?

defend all

 

leave juris unticked

 

very urgent

 

 

get a CCA request off to LOWELLS

blank £1PO do not sign anything.

 

 

and the CPR

[skurvy]

Sorry to sound dumb....but no, not yet!

 

 

I was unsure of whether I need to do that you see..

 

 

.with him not denying the fact that he owes halifax money.

 

 

It's just that there were mitigated circumstances surrounding the fact as to he couldn't pay.

 

 

So is the mcol to let the courts know there is a mediation going on?

 

(Just I don't want a CCJ affecting him.

 

 

I know I need to either pay the debt in 28 days in final or get them to retract the judgement..

 

 

.which they say they have, but I don't trust them.)

[dx100uk]

THEY HAVE NOT GOT JUDGEMENT!!

he does NOT have a CCJ ...yet!

 

 

even if you think the debt IS owed

you still need to defend all

 

 

else he will get one by default

 

 

dx

[dx100uk]

do not ever trust anything carter/lowells say or do.

 

 

dx

[skurvy]

Thank you D!

 

I don't know what I would do without you here. I even tried calling the National Debt Helpline and they didn't even tell me to do that!!

 

which one is really the best route to go down though;

 

 

• applying for 28 days
  
• admit part of the amount claimed
  
• or admitting all?
  

and haha of course....you're completely right! I definitely shouldn't listen to anything they say as the last thing I want is for him to get one by default!

Thank you

[dx100uk]

post 5 already

 

 

dx

[dx100uk]

hows this going

did you file your defence you not comeback at all

 

 

dx