Claim from Llowells/ Bryan carter solicitors

[johnjo]

Re: Claim from Llowells/Byan carter

As I mentioned before, there is another debt apparently for £600 again with Lloyds. From what I know this was a joint account with my ex (separated in 2003). From what I remember she was given half the amount and I went to the bank to sign to close it, she did her bit afterwards. So I thought.
She started getting letters last year from Wescott. She contacted them saying she knew nothing, hadn't banked with Lloyds for 10 years. They wrote back saying they would be dropping it and wouldn't contact her again. She then found out it was statute barred. I started getting letters for this from Lowells, I wrote to them stating no knowledge and must be statute barred, which is why I thought the debt claimed by carters was statute barred (both being over 10 years old).
They replied saying it had been passed on to Scotcall but since Ive had no further letters chasing is, I thought they had accepted its barred and were concentrating on the larger debt. I got a letter on Friday from Lowells, again the standard pro forma letter but this time sayings its been passed to their agents Debt Managers Ltd and I must deal with them. Im sure this is an old joint account, there is an account number but no name. For both of us to be chased it must have been joint. How do you think I should deal with this and do you think first using Scotcall and now Debt Managers means they are just trying their luck?

[Amethyst]

Re: Claim from Llowells/ Bryan carter solicitors

You've included your responses to their letters in your witness statement so thats fine. Did you include the doorstep visit threat letter? if not do you still have it ? and no they haven't complied with s 78 as the agreement is illegible and they would have to reconstruct it to get anywhere further, they aren't going to bother attending court so likely the judge will order the supply or be struck out. You've both put forward your arguments so it will be down to the judge on the day.... but you can be prepared... Have a look at Paul Tilley's blog regarding a recent case on illegible documents - Harry Moore http://www.legalbeagles.info/forums/...28June-2014%29

[Amethyst]

Re: Claim from Llowells/Byan carter

As I mentioned before, there is another debt apparently for £600 again with Lloyds. From what I know this was a joint account with my ex (separated in 2003). From what I remember she was given half the amount and I went to the bank to sign to close it, she did her bit afterwards. So I thought.
She started getting letters last year from Wescott. She contacted them saying she knew nothing, hadn't banked with Lloyds for 10 years. They wrote back saying they would be dropping it and wouldn't contact her again. She then found out it was statute barred. I started getting letters for this from Lowells, I wrote to them stating no knowledge and must be statute barred, which is why I thought the debt claimed by carters was statute barred (both being over 10 years old).
They replied saying it had been passed on to Scotcall but since Ive had no further letters chasing is, I thought they had accepted its barred and were concentrating on the larger debt. I got a letter on Friday from Lowells, again the standard pro forma letter but this time sayings its been passed to their agents Debt Managers Ltd and I must deal with them. Im sure this is an old joint account, there is an account number but no name. For both of us to be chased it must have been joint. How do you think I should deal with this and do you think first using Scotcall and now Debt Managers means they are just trying their luck?

Yep, I'd sent ' Debt Managers Ltd ' the standard statute barred letter.

[johnjo]

Re: Claim from Llowells/ Bryan carter solicitors

Thanks for that info, Ive printed it and will have to memorise it so I can quote it if necessary

Yes I still have the letter and its in my witness statement. The letter said that if I ignored the letter it would be referred to one of their field based agents who would visit me at home.

I guess theres nothing much I can do now apart from wait for the day and hope the judge accepts that the s78 isn't acceptable.

[johnjo]

Re: Claim from Llowells/ Bryan carter solicitors

Hi Sharon
Just to let you know the judge found in favour of carters. He acknowledged that the s78 wasn't complied with and that the caa wasn't up to standard, but he said it existed and there were also statements which showed the debt existed and wasn't statute barred. He said all carters had to do if he didn't allow the caa was submit a reconstituted document. So I guess his thinking was that he couldn't find in favour of me because of the statements and it would come back again. He did however say that Llowells and Carters had behaved badly and that they didn't deserve the interest and fees they were also claiming so he struck those off.