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Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years)

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  • Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years)

    Hi

    I received notification from Bryan Carter Solicitors LLP on behalf of Lowell in a letter dated the 18/June/2014

    The date of claim was the 18th June on the county court forms, which I received on Saturday the 21st of June 2014

    I immediately filed that I would contest the claim online, on the 21st of June 2014, and have written and printed two letters

    1) a CPR request using a template from one of the other cases on here (signed with a squiggle which is nothing like my signature)
    2) a CCA request using a template from one of the other cases on here (unsigned as I know it doesn't need to be)

    I have made three copies of each letter (including the squiggle)

    I have sent one set of the two letters ordered CPR then CCA to Bryan Carter in the same envelope recorded today (the 23/6/14)
    I have sent another copy of the two letters ordered CPR then CCA to Lowell in the same envelope today (the 23/6/14)

    I have sent each envelope with 2 £1 fees (for each request), and I have a copy printed of both letters for my records, they were sent signed for early this afternoon.

    The debt is claimed with interest at 8%.

    Additional Information

    I filed an experian credit check several months ago to check what was filed against me and there is no record of the alleged original debt, which was with vanquis

    A default was filed by Lowell on the 29/02/08, which is just over six years ago, with the account starting on the 29/05/2007 , so technically the default itself is over 6 years ago, and the date of the default was from before Lowells purchase of the account, despite Lowell filing the default, no original creditor filed the default from what I can make out.

    No payment record for 13-60 months is provided, and the payment record for 1-12 months seems to be in the wrong format

    HISTORY

    I made a request for a CCA, in 2011, to Lowell, who claim to have acquired the debt from Vanquis.

    I received a letter stating it would take longer, and shortly after Lowell acquired two other credit card defaults (I suspect they were looking for a signature or personal information), some time after this I received what looked like an Excel printout with some personal information which they claim is a digital fingerprint, and means they don't need a signature, this came with an unsigned credit agreement printout. Two letters later, continuing to dispute any debt and arguing over the legality of this, I made it clear I continue to dispute and do not acknowledge this debt, and would have no more contact with them. It seems just responding at all has led to them filing against me three years later.

    Prior to Lowells acquisition there was some payments made on the alleged account after the default (the last of which seems to be four and a half years ago), but was not paid from an account in my name, and I don't have any indication Lowell have any details from the alleged original account, from a debt management service

    I am hoping I can make this a simple case of the alleged debt been over 6 years old, or if this is too risky, that they don't have the legal credit agreement, but I feel I have to defend this otherwise they will come after me for other alleged debts, all of which are now over 6 years old.

    I can provide documents but I wanted to provide information first on my situation.


    My worry is my credit record is now perfect and they are intent on screwing me for another six years if at all possible
    The amounts for this Lowell account are for an original sum of around £350

    The other amounts which may follow if Lowell are successful in court are of approx £600 and £800 if they were to proceed like they have with this one.

    I feel that responding to any Lowell account even with a CCA letter was a terrible idea, as they have chosen to pursue this far more agressively than any other alleged creditor for any other alleged debt
    Last edited by maiakaat; 24th June 2014, 10:39:AM. Reason: clarification
    Tags: None

  • #2
    Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

    Originally posted by maiakaat View Post
    Prior to Lowells acquisition there was some payments made on the alleged account after the default (the last of which seems to be four and a half years ago), but was not paid from an account in my name, and I don't have any indication Lowell have any details from the alleged original account.

    How do you know about these payments. What were they? Who To? How much?

    Welcome to Legal Beagles btw :beagle:
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

    I am proud to have co-founded LegalBeagles in 2007

    If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

    If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

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    • #3
      Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

      Prior to Lowells acquisition there was some payments made on the alleged account after the default (the last of which seems to be four and a half years ago), but was not paid from an account in my name, and I don't have any indication Lowell have any details from the alleged original account.
      see pm to Celestine, which can be shared with key members for full details

      For others

      I have a letter from a debt management company who paid a number of creditors, saying three payments were missed as of 04/2010, which places the last payment on the account as around 01/2010, if Vanquis was included this would be for an amount of £1 or £2 per month, these were not from my bank account and were not handled by me but an ex. but they exist and Vanquis may be able to supply this information if they have it, and if Vanquis was a creditor, and included in the agreement
      Last edited by maiakaat; 26th June 2014, 20:03:PM. Reason: legal issues - further expansion/clarification

      Comment


      • #4
        Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

        Errr yes, Lowell could read

        Lowell will seek information from the original creditor, who will hold some sort of record of payments made via the debt management company.
        Last edited by Amethyst; 24th June 2014, 11:07:AM.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

        I am proud to have co-founded LegalBeagles in 2007

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

        Comment


        • #5
          Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

          Only registered users can see the threads in this part of the forum, so it is a possibility if they are registered, but they aren't available for general public consumption.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

            I don't intend to lie about anything, I just need to know how to proceed legally if they try to delay, and depending on what they do have. If it turns out I don't have a case then I guess I am legally liable, but if I do have a case based on the evidence they provide from the CPR, then I want to not mess it up.
            Last edited by maiakaat; 23rd June 2014, 16:23:PM. Reason: clarification

            Comment


            • #7
              Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

              I read the other cases but it's very unclear how to proceed one they haven't responded within 10 days, or after the CPR process, by filing on Thursday they have effectively already eaten five days before I could respond with the CPR request, so as I understand it I now have 28-5 days to both get the information they have, and submit a response (I think).

              I guess right now, and for the next week there are lots of others on here needing urgent help, so I guess I should repost on this thread if I haven't recieved anything 14 days from now (leaving me 9 days to mount a defence if I have a winnable case)

              Comment


              • #8
                Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                Errr yes, Lowell could read whats written here.
                Hi Celestine

                Is it possible to edit-remove the second sentence of your reply in light of the first sentence,if possible.

                Thx
                Last edited by maiakaat; 23rd June 2014, 17:06:PM. Reason: clarification

                Comment


                • #9
                  Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                  Lowell will seek information from the original creditorVanquis, who will hold some sort of record of payments made via XXXXXXXX
                  Hi sorry Celestine, can you change XXXXXXXXX in your reply with "a debt management company" I have no intention of making BC's job as easy as hunting on the internet for evidence

                  I'm really sorry, I'm a bit more aware now of what to say to maximise help and be open and honest on here without shooting myself in the foot

                  Comment


                  • #10
                    Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                    edited
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                      Hi

                      I have recieved a letter from Bryan Carter confirming they have recieved the CPR request, though there is problems

                      Despite filing online my acknowledgement of service online, and it being acknowledged as received online on the 23rd they claim to have not received it

                      The letter they have sent is dated 25th of june, and they have asked me to refer to my own records.

                      The also state the claim was made on the 17th june when it was the 18th june on all the documents I have received.

                      The have denied me an extension agreement for the time they need to search for the info, I guess as they feel they have no obligation to provide any info, and now I am panicking as I am confused about how much time I have and what they can do and when, as I feel I am probably in a stronger position legally.

                      I can take a photo of all the documents so far, but they seem to be delaying and denying the responsibility for providing any info.

                      I guess the CCA to Lowell may still result in a response as part of the process, and a agreement in the post
                      Last edited by maiakaat; 26th June 2014, 20:10:PM. Reason: Clarity for other members/corrections

                      Comment


                      • #12
                        Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                        Can you scan up the letter (covering up your personal details)

                        Btw: You should consider VIP membership for better confidentiality.
                        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

                        I am proud to have co-founded LegalBeagles in 2007

                        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                        If you wish to book an appointment with me to discuss your credit agreement, please email kate@legalbeaglesgroup. com

                        Comment


                        • #13
                          Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                          Hi documents attached

                          notification of action was dated 18/june but I haven't managed to upload this yet

                          Redacted requests for CPR and CCA rolled into a single file, dated 21st by me (but posted 23rd recorded delivery)

                          Response Letter from BC included dated 25th

                          My MoneyClaimOnline account says I Acknowledgement of Service was received 23rd June, but I don't know if I have to also send something to BC or phone them and draw their attention to the fact it is registered online.

                          PS I cannot find any info about VIP accounts, but I am interested
                          Attached Files

                          Comment


                          • #14
                            Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                            Hi

                            Do I compile a standard defence based on this thread http://www.legalbeagles.info/forums/...-Form-received, or is there more I can put

                            Also can I ask some questions (basic ones first).

                            1. Do I have to send BC a copy of the online acknowledgement of service (the PDF you get), or will it be valid by just filling in the acknowledgement of service online.

                            2. How much time to I have on this once I receive the claim form? (received on 18th June), I asked for extra time but this isn't recorded online, which just confirms that I filed acknowledgement of service, it is in the PDF you can download, but is the extra 14 days at the discretion of the claimant, or is it granted by default if you file that you have decided to defend the claim? If so, how do I handle BC, can they get a default judgement anyway and claim they haven't received my Acknowledgement of claim, and request of 28 days?

                            3. How long should I wait for documents before filling in the defence, and do I do it online, or do I need to send a copy anywhere?

                            4. There is no creditor default only the Lowell default filed, do I use this to argue I need to see the credit agreement from the alleged lender to prove it exists as evidence? Do I include the credit report I have from last year with any defence? Is it best to leave the date of default issue out of the defence? I've added the credit report slip, obviously arguing on the date is probably best not done as things stand I assume while they haven't even given me any details?

                            5. Once I file my defence is a court date set by the court if they are happy I have grounds to contest, and do BC actually need any evidence of the validity of the claim before they can be granted a court date?

                            6. What happens if at court they turn up with evidence they haven't provided in the CPR?

                            PS I've seen I should have named my thread BC/Lowell Vs Maiakaat, I'm sorry for this

                            Thanks so far
                            Attached Files
                            Last edited by maiakaat; 26th June 2014, 19:59:PM. Reason: addition

                            Comment


                            • #15
                              Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

                              Hi

                              I am assumingI have the 18th - the date on the court form + 5 days + 28 days, as I have filed the online AOS, even if they do not acknowledge reciept.

                              (I guess I could print and enclose the PDF copy too), and state I have filed this online and it has been acknowledged on the 23rd June.

                              After that I should wait, and my defence is due no later than 20th/21st of July (roughly) depending on how they respond to my response and re-request of information? and right now that is all I have to do until the next letter comes?

                              I'm doing my best to figure it out, I see Lowell/BC have been busy

                              Template of letter I plan to send...


                              Dear Sirs,

                              Claim No: xxxxxxx
                              Claimant v Defendant

                              Request for documents mentioned in a statement of case under CPR 31.14

                              Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

                              With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

                              I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

                              If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

                              In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

                              I look forward to hearing from you within the next 7 days.

                              Yours sincerely

                              Your Name

                              Comment

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