Bryan Carter reply 1.5 years later!!!

[helpformymum]

Hi Everyone,

Approximately one and half years ago I was seeking help from everyone here, regarding Lowell/Bryan Carter solicitors taking my mother to court. I requested further information from them, and stated to the courts I was going to defend. Apart from that, I cannot remember much else about what happened as I never heard from them until recently.

They have sent my mother letters, plus the information requested, which I have included below. Sorry there's quite a few.

What do I do?
Why has it taken around a year and a half to reply?
What happened to the original court case, and why has the balance rose from £3,905.65 to £4,229.01?
Why in there letter dated 21st May 2015, does it refer to a 'recent' letter and are there timescales they have to abide by?
What the hell is a Tomlin Order?
Why are the court documents blank with no dates on them?
The majority of the original balance is just interest and charges, and seems extremely unfair it was allowed to get as high as it did when my mother was in a vulnerable position and isme were made aware of that!

So confused as to what to do next to help her, and any help provided would be massively appreciated.

Thank you all.

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

Here is there next batch of letters that all came at once:

[Amethyst]

Re: Bryan Carter reply 1.5 years later!!!

Did you file a defence, or just the acknowledgment of service and send the requests for information off to BC & Lowell ?

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

There was no defence submitted to the court as we were waiting for the information back that we requested. I stated I was going to defend, but was unable to submit any defence as Bryan Carter and Lowell failed to respond until now.

[Amethyst]

Re: Bryan Carter reply 1.5 years later!!!

Ah okay.

Usually you would put a defence in stating that you haven't been shown any documents, but it can end up with a similar result.

A tomlin order is a way of settling the debt without a CCJ being awarded against your mother.

Bryan Carter/Lowell COULD apply for judgment in default in the absence of a defence being filed.

Now - the CCA is the important bit. They have sent you a recon of the terms.

So firstly did your mother open the account in February 2007 ? and is the address printed at the top of the CCA the correct one?

The original account was ISME - I can't see any mention of that on the form, only shop direct which is the parent company.

Do you have any old statements / letters which show any interest rate at all?


There are still no notices of assignment or default notice ?

( for ref original thread is http://www.legalbeagles.info/forums/...911#post394911 )

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

According to their paperwork the account was opened up 28/04/2008 and yes the address on the CCA is correct.

In fact, the original account was Marshall Ward which is shown on the breakdown of charges and payments to the account. They changed their name to Isme some time later. But there doesn't seem to be any mention of Isme anywhere.

Sorry no old statements or letters showing interest rate.

And they haven't sent any notices of assignment or default notice as far as I'm aware.

Thanks for your help.

[FlamingParrot]

Re: Bryan Carter reply 1.5 years later!!!

Hi Everyone,

Approximately one and half years ago I was seeking help from everyone here, regarding Lowell/Bryan Carter solicitors taking my mother to court. I requested further information from them, and stated to the courts I was going to defend. Apart from that, I cannot remember much else about what happened as I never heard from them until recently.

They have sent my mother letters, plus the information requested,

This is your other thread for reference: http://www.legalbeagles.info/forums/...or-a-CCJ/page2

There was no defence submitted to the court as we were waiting for the information back that we requested. I stated I was going to defend, but was unable to submit any defence as Bryan Carter and Lowell failed to respond until now.

If a claim is not admitted or defended by the defendant and the claimant does not request judgment in default, after six months the claim is automatically stayed. The party who wishes to lift the stay (in this case obviously BC rather than your mum), has to make an application to the court to lift the stay and explain the delay in proceeding with the claim. Have they done that?

[FlamingParrot]

Re: Bryan Carter reply 1.5 years later!!!

According to their paperwork the account was opened up 28/04/2008 and yes the address on the CCA is correct.

In fact, the original account was Marshall Ward which is shown on the breakdown of charges and payments to the account. They changed their name to Isme some time later. But there doesn't seem to be any mention of Isme anywhere.

Sorry no old statements or letters showing interest rate.

And they haven't sent any notices of assignment or default notice as far as I'm aware.

Thanks for your help.

The problem with an account from 2008 is that the court would have discretion to enforce it even without a proper agreement. With an internet application it would be hard to argue that the prescribed terms weren't there to start with. Your mum would have ticked the box agreeing to the terms before he could proceed with account.

Are there any arguments she could put forward to dispute this debt?

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

Hi Flaming Parrot

The only letters my mum has received are the ones I've added to the post. Theres no mention in any of them that they have applied to lift the stay and nothing saying why it has taken them so long. It looks like they are asking my mum for this Tomlin Order but have also included a blank form to apply to the courts again.

I can't think of any arguments to dispute the debt. It probably was opened online.

How do we reply to them about the Tomlin Order, why they are making a fresh application to the court and not lifting the stayed application, why it has taken so long, etc.

So confused what to do next. She is a pensioner now and just gets about £470 a month. They have increased the debt by a few hundred pounds and most of it is interest and charges anyway .

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

Any help would be really appreciated. I need to get a reply to them very soon.

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

Please help! Need to get a reply sent tomorrow :'(

[Amethyst]

Re: Bryan Carter reply 1.5 years later!!!

Evening xx Just reading back a bit check where we're at - two mins x

[helpformymum]

Re: Bryan Carter reply 1.5 years later!!!

Thank you

[Amethyst]

Re: Bryan Carter reply 1.5 years later!!!

Okay it is only a deadline set by Bryan Carter - not the court so don't stress too much. Firstly I would call the court and check the status of the original claim - it probably is stayed but best to be sure.

As FP said they will have to apply to lift the stay - but really it will likely be a formality now they have provided the documents.

The Tomlin order would be for if your Mum did want to set up a payment arrangement without the accompanying CCJ.

There doesn't appear to be much of a difference amount wise from the original claim so I'm not sure there's anything there to argue on there ( the original court claim was for £3905 PLUS the court fees which took it to £4229 ), other than negotiating a full and final settlement if that was in the realms of possibility for you ( possibly argue your mums age, lack of income, no assets etc- also its been over a year, you still failed to supply the NoA and Default notice (did they provide statements?) and make a third party f&f of possibly 50% ).

Otherwise it's a case of accepting their Tomlin Order, avoiding the CCJ and making an AFFORDABLE and long term sustainable offer backed up with your mums income and expenditure.

[FlamingParrot]

Re: Bryan Carter reply 1.5 years later!!!

Hi Flaming Parrot

The only letters my mum has received are the ones I've added to the post. Theres no mention in any of them that they have applied to lift the stay and nothing saying why it has taken them so long. It looks like they are asking my mum for this Tomlin Order but have also included a blank form to apply to the courts again.

A form to apply to the courts for what? Is it a form asking for financial information (income and expenditure)?

I can't think of any arguments to dispute the debt. It probably was opened online.

How do we reply to them about the Tomlin Order,

If you have no arguments for dispute, the Tomlin Order is your best bet, however, it's very important to make sure that the monthly instalment included in the order is affordable in the long term, because it is very hard to vary the terms of a Tomlin Order and if she defaults, they can easily request judgment.

why they are making a fresh application to the court and not lifting the stayed application,

I can't see what fresh application they could make to the court other than applying to lift the stay so they can proceed with the case.

why it has taken so long, etc.

Looks like they've just managed to obtain the documents.

So confused what to do next. She is a pensioner now and just gets about £470 a month. They have increased the debt by a few hundred pounds and most of it is interest and charges anyway .

Any help would be really appreciated. I need to get a reply to them very soon.

This doesn't have to be resolved tomorrow, they will apply to lift the stay to proceed with the case from the point when it was stayed, presumably it was when a defence was submitted and they didn't respond to it.

If you don't think there are grounds for defending, get your mum to draft a good income and expenditure statement and come up with something affordable. This is a useful budgeting tool: https://nedcab.cabmoney.org.uk/quickfs.asp