***WON*** debs65

[debs65]

Re: debs65

that would be great. THANKYOU!! I can't think straight at the moment-as well as worry of my child falling ill ontop of the worry of an elderly relative collapsing a close friend died suddenly on Tuesday so my head is all over place at moment. Really appreciate any help here. Truly grateful

[nemesis45]

Re: debs65

OK Debs,

To Brian Carter LLP

Sir I am in receipt of your letter dated XX XX. XXXX in reference to the alleged debt for £xxx.xx and County Court Claim No. xxxxxxx, please note I do not acknowledge any liability for the alleged debt.

I note that your " client" believes that it has a good prospect of success with this claim, and is willing to accept a settlement out of court by a Tomlin Order, this offer is rejected.

I believe that this alleged debt is statute barred therefore your clients claim is of no merit.
Your client is also in breach of my lawful request for a copy of the agreement relating to the alleged debt made under sections 77/78 of CCA 1974 (as amended).

Give the information above I respectively suggest that you advise your client that its claim has no merit and should be withdrawn forthwith.

Please note this letter is sent by Royal Mail signed for post and its receipt will be checked.

Debs I would suggest you send a copy of the completed letter to Ms Sara de Tute, Director of Legal and Compliance at the Lowell Group.

Do not use PO Box numbers in the address for Lowell & Carter.

Lowell's address is Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Mark envelope " Private & Confidential.

nem.

[debs65]

Re: debs65

Great letter. Thanyou so much nemesis for taking the time and trouble to help me. I truly appreciate it very much. You are a diamond

[nemesis45]

Re: debs65

Great letter. Thanyou so much nemesis for taking the time and trouble to help me. I truly appreciate it very much. You are a diamond

Happy to help, please let us know what happens.

nem.

[debs65]

Re: debs65

I will do! Thankyou again x

[debs65]

Re: debs65

Need more help PLEASE!!
Received a letter from BC on christmas eve saying " the last payment in relation to the account was the sum of £1 on 1 December 2009. Our client believes the account is not statute barred". (I obviously sent a £1 p.o. for a cca then and they are claiming it to have been a payment! I mean, come on, what dca would accept a one off payment of £1!!).
They also sent a reconstited copy of the Agreement in compliance with my request for documentation - way past the 14 days obviously!
What do I do now???

[Amethyst]

Re: debs65

Well we can write back and dispute the £1 so that shouldn't be an issue.

Would you be able to scan/photo a copy of the recon agreement and post it on here (reacted)

[debs65]

Re: debs65

not sure if I'm that clever Amethyst and what do you mean by reacted??

[Amethyst]

Re: debs65

I meant redacted - sorry ( blank out your personal info )

If you can take a photo and put it on your puter you could email it to me, admin@legalbeagles.info

[Kati]

Re: debs65

redacted = take any personal/identifying bits off (name, account number, barcodes etc...)

If you click 'go advanced' in the reply box, there's a paperclip icon - you can upload files from your PC using that

[debs65]

Re: debs65

I know how to scan and attach to email so will do that later. thankyou Amethyst! you're a diamond xx

[Amethyst]

Re: debs65

Okay.

Looks like we have the right terms and conditions and the original signed credit agreement, and the terms in force at the end of the credit agreement, and it would be deemed enforceable.

So we only really have the Statute Barred argument.

Do you remember sending the previous letter for a copy of the credit agreement (in 2009) and would you still have a copy of it ?

What was the last payment before that, and do you have evidence of that going out ?

[debs65]

Re: debs65

gone through all my paperwork but only keep things about 3-4 years so found nothing. sure this account was passed from pillow to post from different partners of lowell. I must've sent £1 postal order for cca to one of the partners. As for a payment history- I was not in the position at that time to pay anything. I do not have a current account or debit card therefore I would've had to pay via payment slips at the post office. And I certainly wouldn't of made a one off payment of £1! After all, if I was to maintain regular payments-albeit a pound-I would've done so on a regular basis-not just a one-off!!
What I don't understand is... if they say the account is not statute barred, how is it not on my credit file? This situation has me truly ill! I can't eat or sleep because of it!

[debs65]

Re: debs65

okay you lovely lot for helping me... I am still a bit confused! BC claim I made a one off payment of £1 in 2009.. there has been nothing on my credit report regarding this alleged account. if it was an "active account" surely it would be on my credit report?? found a lowell statement from last year and it states no payments. should I write and ask for all statements and which of their partners have had this debt and evidence of the alleged one off £1? this truly has got me a nervous wreck! can't eat, sleep or anything as they are acting so underhand x

[debs65]

Re: debs65

need more help please! got notice of proposed allocation to small claims track new years eve with encloses form N180. has to be completed by 15th january.
I have a few questions... I intended to question this alleged one -off £1 payment and ask for statements etc. then received the N180 to throw spanner in works.

Copies of letters were sent to both Lowell and BC on 5th November requesting the cca and CPr 31.14. BC sent me the recon cca on 24th December. not had cpr to date and I am truly lost what to do next re: this N180 and what to write to BC and Lowell. Should I send another CPR request and request Lowell information regarding the £1 payment and request statements etc.. and should I play for time and tick the mediation acceptance to buy me time for them to supply the information I need?? PLEASE HELP