Bryan carter / Lowell -- Judgment for Claimant

[alwayskint]

court judgment.pdfPlease can anyone help ? I got this in the post this morning,and i don't know what to do . I am now thinking i haven't done myself any favors by sticking my head in the sand but I have had so many letters from Bryan Carter and Lowell that I did look them up on the internet and saw how they bully and pester people so when I got a letter I binned it . But I am quiet sure I did not receive any notification that they were taking me to court. I have read some of the other post on here and most people have had a form to fill in I have had nothing from the courts until this arrived today .Any advice would be appreciated .

[Amethyst]

Re: Bryan carter / Lowell -- Judgment for Claimant

They obtained judgment by default as you didn't respond to the claim form - I'm surprised that you got an instalment rather than a forthwith order (pay all in one go) though, usually you get a forthwith for default judgments.

Is the £50 affordable for you ?

Do you own a property?

Do you have a dispute over the amount owing ?

What was the original debt ?

You can, theoretically and if suitable for you, apply to have the judgment set aside on the basis you did not receive a claim, but you'd have to show you had a reasonable chance of success in defending the claim to do so, so we'll need a bit more detail on the history of the debt.

[alwayskint]

Re: Bryan carter / Lowell -- Judgment for Claimant

The debt was from a mail order cat the debt was regarded as a default in 2010 when i orders somethings on buy now pay later which was for friends and I didnt state that fact , The friends then moved and i couldnt afford to pay for the goods . I dont own property and i am on ESA The amount has risen from what it states on my credit report ------this is what it states

0 @ £ 0 (Monthly)	Defaulted
£ 1,627	£ 0
£ 0	£ 1,675
01/08/1996	24/11/2011
20/09/2010

[Gorang]

Re: Bryan carter / Lowell -- Judgment for Claimant

As Amethyst asked

Do you have a dispute over the amount owing ?

Also when did you make the last payment to the account???

[alwayskint]

Re: Bryan carter / Lowell -- Judgment for Claimant

I have looked through my emails and tried to log onto my old mail order account to find out when I last paid anything my emails go back to 2005 and i cant find anything regarding payments ,sorry not much help . The debt amount must have had interest added the amount on my credit report is £ 1,627 , and I just noticed that when i copy/pasted my credit report it didnt copy that its Lowell's name on it - . So yes its jumped £407.25 plus charges of £177.00

[FlamingParrot]

Re: Bryan carter / Lowell -- Judgment for Claimant

[ATTACH=CONFIG]10447[/ATTACH]Please can anyone help ? I got this in the post this morning,and i don't know what to do . I am now thinking i haven't done myself any favors by sticking my head in the sand but I have had so many letters from Bryan Carter and Lowell that I did look them up on the internet and saw how they bully and pester people so when I got a letter I binned it . But I am quiet sure I did not receive any notification that they were taking me to court. I have read some of the other post on here and most people have had a form to fill in I have had nothing from the courts until this arrived today .Any advice would be appreciated

I have looked through my emails and tried to log onto my old mail order account to find out when I last paid anything my emails go back to 2005 and i cant find anything regarding payments ,sorry not much help . The debt amount must have had interest added the amount on my credit report is £ 1,627 , and I just noticed that when i copy/pasted my credit report it didnt copy that its Lowell's name on it - . So yes its jumped £407.25 plus charges of £177.00

You may be able to get the default judgment set aside if you meet certain conditions:

• You didn't receive the court papers as you say above. You'll need to show the court that the creditor had your current address at the time. It would appear they did, since you received letters from Lowell and BC, yet you say you didn't get any notification that they were going to court.
• You have good grounds to defend. It you haven't paid anything since 2005, then it would be Statute Barred and that's an absolute defence. If you made payments less than 6 years ago, you may still be able to argue the amount claimed is incorrect if the amount has 'jumped' as you say above.

You'll need to fill in an N244 form and pay a fee (£80), the fee can be waived in certain circumstances such as if you are on benefits or on a low income. See this for reference: http://www.bdl.org.uk/images/12_EW_N...ty%20court.pdf

[alwayskint]

Re: Bryan carter / Lowell -- Judgment for Claimant

Thank You . I have been in touch with my bank and ordered statements going back to 2005 with reference to payment to the mail order company , they should be here within 5 to 6 working days. I am going to ring NATIONAL DEBTLINE to ask where I stand with time limits with it being Christmas and the fact that I might not receive and return the forms within the allotted time frame . Thanks again for all your help I will post what every they tell me It might help someone else .

[alwayskint]

Re: Bryan carter / Lowell -- Judgment for Claimant

Oh dear now i am totally confused National debtline said i cant use Statue Barred untill have have proof and if I use the fact that i didnt receive the court forms then Lowell only have to say they sent them Lost in the post dont count, and recommended I seek legal advice because i started using the mail order cat before 2007 and the case might be dropped on the account of not having a signed credit agreement which i would have to have proof of . So i still dont know what to do they told me what to do if i dont pay the first installment re: what to do if bailiffs call but i have a son with a learning disability and im worried sick if im not a home he will let them in and i cant expect him to be locked in when i do go out . Please any ideas what i should do now x

[Amethyst]

Re: Bryan carter / Lowell -- Judgment for Claimant

Hiya,

Firstly is the £50 a month an affordable amount for you and are you happy to repay the debt at that rate ?

You basically have two options - apply for redetermination of the instalmnet amount so you are paying a more affordable amount each month based on your income and expenditure OR apply to set aside the judgment and defend the claim in full.


Regardless I think you need to send a CCA request to Lowells for a copy of the original credit agreement as soon as possible - the response to that request will be essential to knowing whether you have a defence. They need to respond to you within 14 days. It is VERY likely they will not have a credit agreement and be unable to enforce the debt as you opened the account in 1996.

You may also want to send a Subject Access Request to Very to obtain a list of transactions on the accounts so you can see when payments were made/stopped.

The fact that the account wasn't defaulted until end of 2010 is a little concerning regarding the statute barred possibility however the CCA request should do the trick.

[alwayskint]

Re: Bryan carter / Lowell -- Judgment for Claimant

Thank you x I thought it was a little to late to send a CCA but I will send one off first thing tomorrow I read somewhere that you could send A £1 stamp as payment is this true or do i need a PO ? I cant afford the £50 a month I would rather try and get the Judgment set aside i dont want to pay the debt although its my fault
because i didnt do my job as an agent so to speak the goods ordered on the buy now pay later where not mine. I think thats why i stuck my head in the sand and hoped for the best,which its seems was not the best option. Please can you advise me on what grounds i should fill the forms for the court if i need to or do i wait untill i hear back from Lowell not sure if i have a time limit on the set aside request as first installment has to be paid 9th jan 2014

[Amethyst]

Re: Bryan carter / Lowell -- Judgment for Claimant

As an aside, do you have any contact details for your 'friend' who left you in this mess?

A postal order is best for the £1 CCA Payment.