Bryan Carter - Notice of court proceedings on behalf of Lowells

[Ihatelowells]

Hi all, first I'd like to acknowledge the excellent work you are all doing on here assisting people in need!

Out of the blue I have received a letter from Bryan Carter Solicitors informing me on intended court action, the letter stated (this is just key points):

We have been instructed by Frederickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on ** Mar 2014 if payment of this debt is not received by us by that date.

You must contact us on 0845 ******* to make a payment before ** Mar 2014 if you wish to avoid the matter going to court.

The amount they are stating I owe is about £850

I did have a few financial problems about 8 years ago and I can only think that this related to then so I have replied to their letter using a hybrid Statued Barred/Prove it letter.

[Amethyst]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

Do you know what the debt is?

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

I then received the following response a few days ago:

We refer to your letter dated ** March 2012

We confirm that this debt relates to an outstanding Lloyds account, which you opened on ** ** 2000. The account was assigned to our client on ** ** 2013 and you would of received notice of this assignment at this time.

We confirm we have been instruced by our client in relation to the collection of the outstanding balance, which they believe is lawfully due from you.

It is the policy of the original creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to your own records for the same.
If you require further copies of such documentation you may reequest the same from our client direct.

We should be grateful if you would contact us with you payment proposals by ** March 2014.
Should we not hear from you by this date collection activity may resume

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

I believe it relates to credit card that I have made no payments on since at least 2006

Thanks for getting involved so quickly Amethyst!

[Amethyst]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

Ahhh sounds good then. So have you sent a CCA letter separately as well as combined prove it and SB debt letter ?

''outstanding Lloyds account,'' from their letter could mean loan, overdraft or credit card, I doubt Lowells even know themselves at this point.

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

I have sent a Prove it/SB letter as I know that it will 100% SB, I think now I should of just sent the CCA letter, would you agree? Should I now send the CCA letter?

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

I believe that it will be a credit card that they are persuing

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

Sorry to *BUMP* but could do with sending a response tomorrow so would be useful for someone to confirm if I should send a CCA letter?

[Amethyst]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

That's okay, I'm sorry today has been manic.

Yes send a cca letter to Lowell xx Also have a look in the library section at the CPR 31.14 guidance for help with replying to the response you had. Keep the two separate tho.

[Ihatelowells]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

I have sent off the CCA letter to Lowells, I have not sent anything to BC as I don't think it is necessary at this stage.

Thanks again for all your help!

[Amethyst]

Re: Bryan Carter - Notice of court proceedings on behalf of Lowells

Okey dokey no probs.