Bryan Carter, lowell and fredrickson

[chaz301975]

hi i will make it short to start first sorry for and typos and spelling as im dyslexic
at the moment i looking for help with a vanquis credit card dept that looks like it has been sold to lowell group that have bean chasing me for payment.
yes i did have a card with vanquis and fell in to dispute with them over the account and there repayment option plan.
short story i was in dept with lloyds tsb and a few others and on advice from. the Consumer Credit Counseling Service (CCCS)
i changed banks from lloyds tsb to natwest and in doing so ther was aproblem with the direct debit transfer that ment i was late paing two payments.
that was in jan 2011 i tryed woring with vanquis on a payment plan and using there repayment plan but had no luck.
vanquis then sold dept on to lowell portfolio ltd on 2nd march 2012. dept amount £953.26
1 year and many letters and phone calls i have recived a letter from bryan carter solicitors llp
date 09 sept 2013 stating that fredrickson international limited will be recommend to that proceeding be issued without further notice it doesnt say what proceeding but i does say charges will de added taking it from £953.26 to £1078.26 i replyed by email


Dear Bryan Carter Solicitors Llp,


Thank you for your letter regarding Lowell Financial Limited this debt was with vanquis bank on a credit card with them. I did use the card for a 6 months with no problem until money problems came to a head after going in to hospital for a operation on this card I had some “repayment option plan” there was a aggressive sale pitch to have this product to the point that the only way to stop the calls was to have the plan I was told that no mater what if I ran in to problems I could use this product on my account. The cost of he plan was 1.29% of the balance of the card. i do not believe I was given all the information about the plan and its terms to give informed consent to begin the plan it also become impossible to stop the plan. This was not a problem to start with as I paid the card off in full every month so no charge for the plan. How ever when the plan did start charging it went on to the card as a transaction. This meant that it increased the card balance even if you had already got to your limit. It also meant that when you paid the minimum payment it did not take the balance down in fact it added 1.165% every month to the balance (apr 13.978%). this meant that by the time I was in a position to contact vanquis bank with all the interest and charges on the account it had gone up to £803.53
at this point in November 2010 I tried with the help of consumer credit counselling service to come to a arrangement with vanquis bank this proved impossible they would not even take any reduced payment offers. The “repayment option plan” continued until 13 January 2011. in total with credit card interest still being applied the repayment plan and charges account for £394 of the £953 then there is the interest on the balance as well that continued after I tried to set up a payment plan. When all that taken in to account including payments made it is less than £400 left I have tried with every other company that contacted me starting with 1^st credit limited to set up a payment plan for the part of the debt that I owe but all that happens is it gets past to a new company so please can you help me set up a plan to clear my part of the debt. I could pay £5 every month but not any more. As part of my debt plan I do not have a active phone number so cannot call also becouse of harasment from vanquis bank I cannot give out my work number
Yours sincerely, mr mark austin


and receved this reply

We confirm that we were only instructed to send a letter before claim but we thank you for contacting us.

We have passed your email to Fredrickson International Limited, who remain instructed in this matter and we are informed that they will be responding to you directly in due course.

Yours sincerely

a few more letters and calls from at least two diffrent companys and i receved a new letter on the 09 september 2014
headed
letter of claim
"we have been instructed by fredrivkson internaion limited on behalf of or client. lowell finacial limitedregarding your vanquis account. to commence legel action and issue a claim againt you in the county court in respect of this dept."
again 14 days.
Ii know it is late in the day no court letters yet what advice have you got i have loads of info and letters so just ask thans and sorry for length

[Kati]

Re: Bryan Carter, lowell and fredrickson

Hi Chaz, I'm sure some knowledgeable Beagles will be along soon to answer your questions :tinysmile_twink_t2:

Kati x

[Kafka]

Re: Bryan Carter, lowell and fredrickson

When did this account start? We need to know when the agreement was signed.

Do you still have the papers about the account?

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

first documents i have is for there repayment plan dateed 27th november 2009

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

first statement was for jan 2010 and first use of card 06/12/09

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

i have almost all document a have receved i even have my old bank statments from tsb from 1995 so any thing you need i may have lol

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

Bryan Carter DO issue court papers, often within days of sending out a letter of claim.

I suggest looking at this thread, although Lowell are using BW Legal instead of BC, it's pretty much the same thing, just address your correspondence to BC: http://www.legalbeagles.info/forums/...148#post472148.

The letter has to be edited with your details. It would also be a good idea to send a CCA request to Lowell and mention the fact in your response to their letter, changing the date on the paragraph that starts with "These documents would be..." to the date when you actually send your request. See letter below.

Regardless of the details of the account, they've issued a letter of claim and it requires an appropriate response in accordance with the pre-action conduct as stated here: http://www.justice.gov.uk/courts/pro...action_conduct.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2014 and I am awaiting a response.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

Bryan Carter DO issue court papers, often within days of sending out a letter of claim.

I suggest looking at this thread, although Lowell are using BW Legal instead of BC, it's pretty much the same thing, just address your correspondence to BC: http://www.legalbeagles.info/forums/...148#post472148.

The letter has to be edited with your details. It would also be a good idea to send a CCA request to Lowell and mention the fact in your response to their letter, changing the date on the paragraph that starts with "These documents would be..." to the date when you actually send your request. See letter below.

Regardless of the details of the account, they've issued a letter of claim and it requires an appropriate response in accordance with the pre-action conduct as stated here: http://www.justice.gov.uk/courts/pro...action_conduct.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original credit agreement;
2. The Default Notice;
3. The Termination Notice;
4. The Notice of Assignment;
5. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2014 and I am awaiting a response.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[Kafka]

Re: Bryan Carter, lowell and fredrickson

If the account didn't start until 2009 then it falls under the new Act after April 2007. That means that unfortunately you don't have the same grounds to challenge them if they can't produce a valid copy of the original agreement.

Basically that reduces your chances of fighting this claim once they file it at court though you might be able to counterclaim for any charges added on. If it hasn't yet been filed you might still have a chance of making a repayment agreement perhaps, though time is clearly tight.

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

This is the link to the CCA request template, I'd suggest the second one down, the more in-depth one, that warns against arguing they are not the creditor. :thumb:

http://www.legalbeagles.info/forums/...=7670#post7670

The CCA request goes to the account owner, in this case Lowell, presumably Freds are acting as collection agents. In any case, they'd have to go back the Vanquis to obtain the documents. :typing:

The letters should be signed digitally using a computer font instead of your real signature and send recorded delivery so they can be tracked. If they don't respond to your letters, it can only work in your favour should they decide to go ahead with court proceedings. :thumb:

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

If the account didn't start until 2009 then it falls under the new Act after April 2007. That means that unfortunately you don't have the same grounds to challenge them if they can't produce a valid copy of the original agreement.

Basically that reduces your chances of fighting this claim once they file it at court though you might be able to counterclaim for any charges added on. If it hasn't yet been filed you might still have a chance of making a repayment agreement perhaps, though time is clearly tight.

This is all true but they still have to produce the documents they intend to rely on, and Brian Carter have never been known to do that, ever! A suitable response to a letter of claim often makes them look for easier prey instead.

Brian Carter didn't seem receptive to the OP's good intentions to set up a repayment plan, so it's time to hit them with the protocols they should be familiar with, but always choose to ignore. :mad2: :mad2:

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

thank flamingparrotnthat is what i was looking for and i will send letter out recorded del next day asap and i will also sen via email staiting this and i take it all i have to do is send it to bryan carter but would be best to send to lowell as well even though thay are part of the same group

[Kafka]

Re: Bryan Carter, lowell and fredrickson

Ooh - you're a hard woman :whip:

[Kafka]

Re: Bryan Carter, lowell and fredrickson

thank flamingparrotnthat is what i was looking for and i will send letter out recorded del next day asap and i will also sen via email staiting this and i take it all i have to do is send it to bryan carter but would be best to send to lowell as well even though thay are part of the same group

CCA goes to the owner, which is Lowell.
CPR letter goes to the solicitor, BC.

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

one thing i should check do i still nead to send a payment of £1 to them as the should have it read if they are intending to go to court