Claim from Llowells/ Bryan carter solicitors

[Amethyst]

Re: Claim from Llowells/Byan carter

Ok regarding this bit in your defence

''Citizens Advice/National Debtline??? ........ advised me not to write to other agencies as Lowell are the owners and to write to them again directly asking for evidence of the debts and evidence of the default dates, which I did on 14 December 2013 (copy attached)."


Could you post copy of that letter up pls.

[johnjo]

Re: Claim from Llowells/Byan carter

Ok regarding this bit in your defence

''Citizens Advice/National Debtline??? ........ advised me not to write to other agencies as Lowell are the owners and to write to them again directly asking for evidence of the debts and evidence of the default dates, which I did on 14 December 2013 (copy attached)."
Could you post copy of that letter up pls.

Hi Sharon many thanks for the help.
When I asked Llowels for details they wrote back acknowledging ownership of the debt, but stating I had to contact their subsidiary debt collectors Fredirickson Int. because it had been passed to them. Citizens advice (they passed me through to the organisation that deals with debt, official name eludes me) who said I should write back to Llowels not Frederickson. The letter I sent was as below:
I do not acknowledge any debt to your company or to the debt referred.

Further to your letter of 9 December 2013 in response to my letter dated 26 November 2013 in which I stated that I have been advised that the debt you refer to would be statute barred. I have no knowledge of these debts and asked you for proof on 14.09.2013 to which I received no response.

You state that the debts defaulted on 12.4.2010 and 22.6.09. You acknowledge you are the owners of the debts and instead of providing evidence request I contact two of your ‘external agents’, Frederickson International and Scotcall, for information. I have already asked you for more information and request it again from you. I have been advised that I should request this from you as the owners and that I do not need to go in circles contacting your agents.

I again took advice regarding your statement “based on the information we have the accounts defaulted on 12.4.2010” etc. I believe that this is not correct and again request that you provide evidence. I have not had any dealings or contact with Lloyds bank, made any communication or made any transactions with them since I separated from my ex partner in 2003.

For the defence,
1. I need write my defence amendment and send it to BC and ask them to agree it? I presume I add additional information I feel should be included, i.e. given no information as to the validity of the debt and non compliance?
2. I already submitted a defence obviously and copies of my letters. I also have to prepare a witness statement? The letter from the courts says I have to submit anything I will rely on in defence to BC (which is already done by the court and acknowledged by BC) so no idea why I have to do it again. Is the witness statement separate?
Thanks again, no wonder you guys have to train so long, its so confusing.

[Amethyst]

Re: Claim from Llowells/Byan carter

Yes you need to write your defence amendment - there is a specific way to do this, and you are basically just adding a couple paragraphs about the consumer credit act request I believe.

So get your original defence and add in the new paragraphs in red ink ( if possible) and underline them.

eg;

3: The Claimants statement of case fails to give adequate information to enable me to assess my position with regards the claim and to obtain further information about the terms of the contract.

4: On the xx June, 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Section 31.14 to xxxxxxxxxxxxx . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

6. On the xx June, 2014 I sent a formal request for a copy of the original agreement to xxxxxxx pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee to which I have received no response.

7. The Claimant has failed to allow inspection of any documents relating to their claim.

8. Additionally the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

[johnjo]

Re: Claim from Llowells/Byan carter

Hi Amethyst
Mediation have just called me, Llowels have electronic copies of the original credit agreement which are being emailed now. However as they were not produced when I sent the CCA request, and they have received my amended defence, does it mean it can't now be enforced? is is up to the discretion of a judge??

Thanks

[Amethyst]

Re: Claim from Llowells/Byan carter

Sadly if they produce the agreement, and IF the agreement complies with the consumer credit act, they are able to enforce. Could you post the agreement up here when it arrives (or fwd me the email admin@legalbeagles.info ) and ask mediation to give you a short time to assess the documents.

[Amethyst]

Re: Claim from Llowells/Byan carter

This is for the Lloyds Credit Card isn't it ?

[johnjo]

Re: Claim from Llowells/Byan carter

Yes thats right. They emailed the documents to me today, it does actually exist. They couldn't answer why it took so long to produce them. I asked how much they would accept to settle but it was almost the full amount so I told the mediator that I reluctantly would have to see what a judge would decide. I would have settled but they wanted almost all the amount. I explained that I sent a CCA and have amended my defence as per your details above. Carters said its irrelevant because I sent it to Llowells and not them. So now its going to go to court and I have to submit everything I have but I am concerned Carters are not bound by the CCA because I sent it to Llowels and it was Carters that brought the action. I thought it had to go to Llowells in the first instance because they are the owners of the debt?

[Amethyst]

Re: Claim from Llowells/Byan carter

Could you send me the CCA they have sent you pls.

Bryan Carters are the solicitors acting on Lowells behalf. The agreement is governed by the CCA. The CCA request was correctly send to Lowell as they purchased the debt and thus become the 'creditor' under the CCA.

[johnjo]

Re: Claim from Llowells/Byan carter

This is the agreement. To make matters worse I just checked on post office website for the signature and had to call them, they have no record of the request being delivered! I have the receipt as proof of postage but no signature.

[Amethyst]

Re: Claim from Llowells/Byan carter

I've saved a copy but taken it down as you left your details on.

To me that wouldn't be enforceable - it might be okay to satisfy a judge the debt exists but as a response to a CCA request it wouldn't hold muster. You just have time to get another CCA request sent if you think it may not have arrived (and it should go to LOWELL - you can send a carbon copy to BC but the £1 must go to Lowell)

Did they send you only that one page?

[johnjo]

Re: Claim from Llowells/Byan carter

They also sent a statement from 2008 and the notice of assignment from 2013 which I have never seen. Just chased up the post office again and it does seem they lost it. It was sent to a po box number but they said the procedure for po boxes is its held at the local office and a note is sent to the recipient asking them to collect but they have no record of it being scanned at the local office. Should I send another one? Wonder if a judge will just dismiss it being this late and they have sent me it today by email?

[Amethyst]

Re: Claim from Llowells/Byan carter

Send a chaser letter - Lowell Group Ltd, Enterprise House, 1 Apex View, Leeds, West Yorkshire LS11 9BH

include a copy of your original and another £1

Bryan Carter will only be complying with your CPR request by the sounds of it.

Then we'll sort out a witness statement / skeleton argument for the 22nd. Will need to go in around 10th.

[johnjo]

Re: Claim from Llowells/Byan carter

Ok thanks sharon I will do that today. Mediation told me I will have to submit everything at least 14 days before so I better get all my docs together. Can I ask why you don't think that CA would be good enough?

[Amethyst]

Re: Claim from Llowells/Byan carter

The agreement doesn't contain all the prescribed terms - a fair bit is illegible - to comply they should send you that page, the reverse of that page which should contain further terms, plus most likely a reconstruction of a terms and conditions booklet that was in force at inception of the agreement. That doesn't seem to have interest rates on or any terms relating to payment.

[johnjo]

Re: Claim from Llowells/Byan carter

Hi Sharon
First can I thank you for all your help I really appreciate it and would have been lost without you. I sent the chaser letter with a copy of the CCA request to the address you gave and another cheque. Hopefully this won't get lost. One bit of good news, I just checked with my bank, the request was sent 27/3/14 and the cheque was cashed 27/4/14. Appears that despite post offices failing to record the sig they must have actually got it!
Im just going through everything and printing my docs ready. Can I ask how you would suggest I prepare a Witness Statement? (is this different from a defence?).
I have letters from Lowell/Carters
My responses
My original defence and amended defence
CAA request, post office receipt and statement showing cheque cashed.
Many Thanks