Bryan carter solicitors court proceedings - wanting my house

[FlamingParrot]

Re: Bryan carter solicitors court proceedings - wanting my house

If it's a very account, it's normally all done online isn't it? I'm worried that they will have an online CCA.

If you applied online from Jan 2005 onwards, then a tick box works as a signature.

Thank you so much both of you. I've written up a letter today and I can buy a postal order online?
I want to get this sent today.

Sadly, you can only buy them over the counter.

It could possibly be a catalogue debt for a Very account but again I just don't know.

If it is a catalogue debt it'll be before 2007 I'm sure of it. I'm going to send the letter and request to them and hope they respond as soon as possible. The date on the letter says 6th of December which is so close.

I feel sick at the thought of it all.

Ah, but the idea was if they didn't hear from you, they would take action on the 6th. Sending a CCA request often has the effect of getting them to crawl back under their stone. :bolt:

Ok, so I've just been to my local post office which is small who have advised that they 'don't have postal orders' !!!!!!!!!!!!!
Should I do that or wait til the morning to go to a bigger post office?

It was probably one of the sub-post offices inside a shop. I've never had trouble buying POs, last one was just under a year ago.

[FlamingParrot]

Re: Bryan carter solicitors court proceedings - wanting my house

They were. They only accept a minimum of £5 per creditor and because all my money is going towards my mortgage they said I had to write to everyone offering £1.


I just really hope I can get them to accept my offers instead of being evil! I've looked through other threads and they're taking people to court for amounts less than mine so it's worrying me.

One thing is, they never seem able to come up with the documents. As you have taken the initiative and requested the documents they would rely on before the issue a claim, they may well think twice before doing it. :thumb: ray:

[Summertime]

Re: Bryan carter solicitors court proceedings - wanting my house

One thing is, they never seem able to come up with the documents. As you have taken the initiative and requested the documents they would rely on before the issue a claim, they may well think twice before doing it. :thumb: ray:

Having read the reference number on the letter and going through the paperwork - I've worked out that this is a credit card I had with Halifax as soon as I turned 18 which was 2006.

[FlamingParrot]

Re: Bryan carter solicitors court proceedings - wanting my house

Having read the reference number on the letter and going through the paperwork - I've worked out that this is a credit card I had with Halifax as soon as I turned 18 which was 2006.

Did you apply online for the card?

[Summertime]

Re: Bryan carter solicitors court proceedings - wanting my house

Did you apply online for the card?

Hello,

I don't think so. I genuinely can't remember.


Beyan carter have have written to me today returning my postal order saying:-

we we thank you for your letter however if you wish to request documentation pursuant to sections 77-79 of the consumer credit act you must request this from our client Lowell Portfolio.


Wr therefore fore return your payment and place your account on hold for 15 days. After this debt collection activity will presume.



Whay do I do??

[Amethyst]

Re: Bryan carter solicitors court proceedings - wanting my house

Send the CCA request to Lowell. they have put the account on hold to give you time to do so xx

[CleverClogs]

Re: Bryan carter solicitors court proceedings - wanting my house

That kind of 'advice' is highly misleading. They can't force you to sell your home to pay them. There is a process to be followed:

1. They issue proceedings, you then have the opportunity to defend the claim and challenge them to produce proper paperwork
2. *IF* they succeeded and obtained a CCJ, they could apply for a charging order. A charging order only secures the debt against your house, it doesn't force the sale of the property.

I have, somewhere, a letter sent to me by the buggers at Triton Credit Services, the in-house threat monkeys of the RBS. At that time, I owed the bank £221...

They threatened to start bankruptcy proceedings or to get a charging order "which could mean we take possession of your house."

It was - of course - just so much botty-water; they didn't have a CCJ nor were they apparently thinking of suing.

I believe that it should be an offence to make such threats, to be punished by a term of not more than five years gaol or not less than five days in the local pillory.

[FlamingParrot]

Re: Bryan carter solicitors court proceedings - wanting my house

I don't think so. I genuinely can't remember.

It could make a difference if you applied online in 2006, as they wouldn't need a signed agreement, a tick box would have been as good as a signature from January 2005 onwards, but only for internet applications.

Beyan carter have have written to me today returning my postal order saying:-

we we thank you for your letter however if you wish to request documentation pursuant to sections 77-79 of the consumer credit act you must request this from our client Lowell Portfolio.

Wr therefore fore return your payment and place your account on hold for 15 days. After this debt collection activity will presume.

They are right to say that because they are just solicitors acting for the creditor, rather than the creditor themselves. However, it seems to have done the trick, as they won't be issuing a claim any time soon now they know you've requested the documents from Lowell as Ame suggested. :thumb:

If you take a look around, you'll see they've been issuing claims like confetti, a lot of them on behalf of Lowell, so you've got in there just in time! :grin:

[Summertime]

Re: Bryan carter solicitors court proceedings - wanting my house

It could make a difference if you applied online in 2006, as they wouldn't need a signed agreement, a tick box would have been as good as a signature from January 2005 onwards, but only for internet applications.

They are right to say that because they are just solicitors acting for the creditor, rather than the creditor themselves. However, it seems to have done the trick, as they won't be issuing a claim any time soon now they know you've requested the documents from Lowell as Ame suggested. :thumb:

If you take a look around, you'll see they've been issuing claims like confetti, a lot of them on behalf of Lowell, so you've got in there just in time! :grin:

Oh oh my gosh! I can't believe they're so evil!!!

what should I do now? Should I contact Lowell to ask for the credit agreement? Or should I contact them to query a payment plan?

I have just just read the letter again and it says 'debt collection activity MAY resume'

they've returned the postal order too.

[Amethyst]

Re: Bryan carter solicitors court proceedings - wanting my house

Just send the CCA request with the £1 to Lowells.

[FlamingParrot]

Re: Bryan carter solicitors court proceedings - wanting my house

[/LIST]
I have, somewhere, a letter sent to me by the buggers at Triton Credit Services, the in-house threat monkeys of the RBS. At that time, I owed the bank £221...

They threatened to start bankruptcy proceedings or to get a charging order "which could mean we take possession of your house."

It was - of course - just so much botty-water; they didn't have a CCJ nor were they apparently thinking of suing.

I believe that it should be an offence to make such threats, to be punished by a term of not more than five years gaol or not less than five days in the local pillory.

They use template letters and just do a mail merge, because as we all know, £221 is well below the threshold for both bankruptcy and charging orders, even if they obtained a CCJ... I've got similar letters from Try-It-On, only my debt is around 20x yours, yet I've not heard a peep about it for nearly 2 years... :clock: :clock: :clock:

Nevertheless, RBS are WE have all bailed them out, yet they still refuse to hire anyone with a default on their credit file. I'm off to rant about them!

[Summertime]

Re: Bryan carter solicitors court proceedings - wanting my house

Just send the CCA request with the £1 to Lowells.

Hello


Hello,
Just wanted to say thank you because Lowell have accepted my payments of £1 temporarily.


They're not going through Bryan Carter anymore


They were however very inquisitive about me owning my own home. They kept asking me again and again and wouldn't budge off that question. It took me bursting into tears for them to back off.


I honestly cannot thank you enough as I would not have had the money to go to a solicitor and ask nor do I have the money to repay them what I once borrowed.


Thank you so so much again