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Could someone please advise?
I have been having problems with Llowel/Bryan Carter/Fredericksons.
Background: I was in a relationship that ended in 2003, mortgage, joint accounts, 2 kids etc. I thought all our affairs had been sorted. Last year my ex started getting letters (to her new address) from a debt collector for a debt of £600. It appears it was an old Lloyds joint account, which the DC eventually confirmed was statute barred because of the time period.
I then started getting letters from Llowel (to my new address) for this debt around August 2013, and another of £1800. I presume the statute barred rule will still apply for the £600 debt although Llowel have not acknowledged this yet. The issue is the debt for £1800, the letters have been thick, fast, threatening court and sending an ‘agent’ to my house to ‘discuss’.
The issue is that there are no records of this debt and I had no idea what it was, only that the claimant was Lloyds. Just before the letters started I received a demand from Lloyds. A phone call resulted in their refusal to give any information or proof of the debt without a fee, which I declined.
After calling National Debt Line I wrote to Llowels as advised, explaining that I didn’t acknowledge the debt, had no records or details, requested info, and stated that the last time I had any dealings with Lloyds was 2003 and therefore if they existed they would be statute barred. They replied confirming ownership of the debt that the debt of £1800 defaulted in 2010 and for additional detail I would have to contact their ‘external agent’ Fredericksons. National Debt Line advised that they were aware of Llowels using a default date as a tactic which was meaningless unless proved and advised I write again direct to Llowels, which I did to request proof of the debt.
I then received another letter (1 of many) from Bryan Carter Solicitors stating court action had been taken and I would receive the claim in a few days, which I did. I submitted my defense, stating that Llowels had been aggressive with their communications, they had failed to provide any information or proof of the debt claimed (£1800+costs) despite written requests, I had not ignored the situation, taken advice and acted in all good faith, that I had no dealings with Lloyds, communicated or made payments for well over 10 years, and that they were also trying to recover a debt of £600 that was earlier claimed from my ex parter by another company and was eventually agreed to be statute barred.
So a few days ago I received two letters from Carters, which puzzle me. The first a copy, addressed to the court thanking them for my defense, confirming their client wishes to proceed and ‘awaiting direction from the court”. The second addressed to me confirming the claim will proceed, that they are ‘open to mediation in principle’, and inviting me to call them to negotiate. I understand the courts would encourage mediation, but why would Carters send me a copy of the letter to the court? Is that normal practice, considering notification of wanting to proceed would be acknowledged with the appropriate form from the court? Or could this suggest they have not notified the court and the letter is a copy to me as a scare tactic?
I found this forum after searching Bryan Carters and was shocked. I also discovered info re SARs and CCAs which I didn’t know and hadn’t been mentioned to me by National Debt Line. I called them again and the advice I was given was conflicting, confusing and didn’t help. They didn’t clarify if it was too late for me to request a SAR/CAA, that doing a CAA could be seen as admission, but that Llowels should have provided details and I have grounds for complaint with Financial Ombudsman, and a judge.
Against better judgement I decided to call Carters (number hidden). I spoke to a lady who confirmed the debt defaulted in 2010, and the only details she had was that it was a Lloyds credit card taken out in 1999. I explained that I had no details of the debt or records and that they must understand that in that position it was impossible for me to admit liability, hence my reason for defending it. I called her attention to my written requests for information which has never been provided. She informed me that Llowels had made a formal submission to Lloyds for all documents on 19/3, the day before they write to me to confirm proceeding with the claim. They haven’t even seen them yet! I clarified with her that upon receipt they would send me copies of documents, including the CCA if available, and she confirmed that there was no need for me to make a formal SAR/CAA.
I sent a letter recorded confirming I am willing to mediate, that I again request info/proof of the debt, and confirming my conversation with xxxxx stating documents including the CCA would be sent to me. I requested that they allow the appropriate time for this before proceeding.
So…to complicate, I have since found evidence that could mean I was making regular payments for a credit card which stopped in 2009. I moved home with a new partner whom I had a new joint account with. Lots of old paperwork was disposed of, but some statements exist which show 1 payment and then cease. I cant determine who the card was with because of the generic ‘credit card’ entry, and I suspect the payment was stopped by my partner without my knowledge, considering she liked to share her Direct Debits, but not mine. I cant confirm because we since separated and the account closed, and for all I know it could have been her debt/card anyway. Who knows?? And I cant explain why it has taken so long for it to resurface.
It could mean it’s a legit debt which isn’t statute barred, but maybe not. So I feel in a mess and don’t know what I should do. I don’t want to admit to a debt I cant confirm, but I don’t want to end up with a CCJ! What if Llowels proceed and don’t forward any proof beforehand, and I end up in front of a judge still not being able to confirm if it is genuine and enforcable?
What if they cant produce the CAA, (it was after all from 1999), but what if they can? Whats the best thing to do here? I feel mediation is right because surely they must produce proof then, with a CAA?
After confirming I am open to mediation verbally/in writing are they bound to honor it? I haven’t yet had anything else back from the court but I think they will ask if I am willing to mediate? It looks bad for Llowels for being so aggressive and not providing proof requested, and for chasing me over a debt that is statute barred, but also looks bad on me that there are two. What should I do regarding the other debt (£600). The claim doesn’t include this, so I think it means they know they cant enforce it, otherwise they would have already.
Sorry for the length, confused and in need of help.
I have been having problems with Llowel/Bryan Carter/Fredericksons.
Background: I was in a relationship that ended in 2003, mortgage, joint accounts, 2 kids etc. I thought all our affairs had been sorted. Last year my ex started getting letters (to her new address) from a debt collector for a debt of £600. It appears it was an old Lloyds joint account, which the DC eventually confirmed was statute barred because of the time period.
I then started getting letters from Llowel (to my new address) for this debt around August 2013, and another of £1800. I presume the statute barred rule will still apply for the £600 debt although Llowel have not acknowledged this yet. The issue is the debt for £1800, the letters have been thick, fast, threatening court and sending an ‘agent’ to my house to ‘discuss’.
The issue is that there are no records of this debt and I had no idea what it was, only that the claimant was Lloyds. Just before the letters started I received a demand from Lloyds. A phone call resulted in their refusal to give any information or proof of the debt without a fee, which I declined.
After calling National Debt Line I wrote to Llowels as advised, explaining that I didn’t acknowledge the debt, had no records or details, requested info, and stated that the last time I had any dealings with Lloyds was 2003 and therefore if they existed they would be statute barred. They replied confirming ownership of the debt that the debt of £1800 defaulted in 2010 and for additional detail I would have to contact their ‘external agent’ Fredericksons. National Debt Line advised that they were aware of Llowels using a default date as a tactic which was meaningless unless proved and advised I write again direct to Llowels, which I did to request proof of the debt.
I then received another letter (1 of many) from Bryan Carter Solicitors stating court action had been taken and I would receive the claim in a few days, which I did. I submitted my defense, stating that Llowels had been aggressive with their communications, they had failed to provide any information or proof of the debt claimed (£1800+costs) despite written requests, I had not ignored the situation, taken advice and acted in all good faith, that I had no dealings with Lloyds, communicated or made payments for well over 10 years, and that they were also trying to recover a debt of £600 that was earlier claimed from my ex parter by another company and was eventually agreed to be statute barred.
So a few days ago I received two letters from Carters, which puzzle me. The first a copy, addressed to the court thanking them for my defense, confirming their client wishes to proceed and ‘awaiting direction from the court”. The second addressed to me confirming the claim will proceed, that they are ‘open to mediation in principle’, and inviting me to call them to negotiate. I understand the courts would encourage mediation, but why would Carters send me a copy of the letter to the court? Is that normal practice, considering notification of wanting to proceed would be acknowledged with the appropriate form from the court? Or could this suggest they have not notified the court and the letter is a copy to me as a scare tactic?
I found this forum after searching Bryan Carters and was shocked. I also discovered info re SARs and CCAs which I didn’t know and hadn’t been mentioned to me by National Debt Line. I called them again and the advice I was given was conflicting, confusing and didn’t help. They didn’t clarify if it was too late for me to request a SAR/CAA, that doing a CAA could be seen as admission, but that Llowels should have provided details and I have grounds for complaint with Financial Ombudsman, and a judge.
Against better judgement I decided to call Carters (number hidden). I spoke to a lady who confirmed the debt defaulted in 2010, and the only details she had was that it was a Lloyds credit card taken out in 1999. I explained that I had no details of the debt or records and that they must understand that in that position it was impossible for me to admit liability, hence my reason for defending it. I called her attention to my written requests for information which has never been provided. She informed me that Llowels had made a formal submission to Lloyds for all documents on 19/3, the day before they write to me to confirm proceeding with the claim. They haven’t even seen them yet! I clarified with her that upon receipt they would send me copies of documents, including the CCA if available, and she confirmed that there was no need for me to make a formal SAR/CAA.
I sent a letter recorded confirming I am willing to mediate, that I again request info/proof of the debt, and confirming my conversation with xxxxx stating documents including the CCA would be sent to me. I requested that they allow the appropriate time for this before proceeding.
So…to complicate, I have since found evidence that could mean I was making regular payments for a credit card which stopped in 2009. I moved home with a new partner whom I had a new joint account with. Lots of old paperwork was disposed of, but some statements exist which show 1 payment and then cease. I cant determine who the card was with because of the generic ‘credit card’ entry, and I suspect the payment was stopped by my partner without my knowledge, considering she liked to share her Direct Debits, but not mine. I cant confirm because we since separated and the account closed, and for all I know it could have been her debt/card anyway. Who knows?? And I cant explain why it has taken so long for it to resurface.
It could mean it’s a legit debt which isn’t statute barred, but maybe not. So I feel in a mess and don’t know what I should do. I don’t want to admit to a debt I cant confirm, but I don’t want to end up with a CCJ! What if Llowels proceed and don’t forward any proof beforehand, and I end up in front of a judge still not being able to confirm if it is genuine and enforcable?
What if they cant produce the CAA, (it was after all from 1999), but what if they can? Whats the best thing to do here? I feel mediation is right because surely they must produce proof then, with a CAA?
After confirming I am open to mediation verbally/in writing are they bound to honor it? I haven’t yet had anything else back from the court but I think they will ask if I am willing to mediate? It looks bad for Llowels for being so aggressive and not providing proof requested, and for chasing me over a debt that is statute barred, but also looks bad on me that there are two. What should I do regarding the other debt (£600). The claim doesn’t include this, so I think it means they know they cant enforce it, otherwise they would have already.
Sorry for the length, confused and in need of help.
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