Help/ advice re. Lowell / Bryan Carter

[Eternal Ostrich]

Hello everyone!
I'm new to this forum so please excuse any mistakes I make with postings etc.

I'm not sure which area of the forum is appropriate for me to post, so if I give a brief summary of my situation would someone guide me to the right area/ thread to post please.

I was without an income for nearly 2 years and accumulated large debts on credit cards, overdrafts and a bank flexi-loan. I was unable to service these debts from 03/ 2009 and just stopped paying. I foolishly acquired a small (relatively) credit card debt and overdraft 2010 - 2011. The total debt stands at approx £45,000.
I have had to move many times in the years since (for non-debt related reasons) and I have never responded to any of the threatening letters that I have received, being too fearful that my inability to pay would lead to my children losing their home.
I'm a middle aged man living alone in rented accommodation on a low income, I have school age children who live with my ex partner in our former home, she has married subsequent to our split in 2005 but has never bought me out of the family home and I am still first named on the mortgage; hence my fear that my stupidity will lead to my children's homelessness.
Although I have been threatened with court in a vague way many times, nothing has ever happened, until recently. Last summer I started receiving letters from Lowell Financial Ltd. who, they claimed, had bought two of my debts; a credit card for approx £7000, unacknowledged since 2009 and an overdraft for approx £500 from a student account opened in 2005 or 2006, unacknowledged since 2011. I continued to ignore their letters but they seemed more serious and this week I have received a letter from Bryan Carter Solicitors regarding the £500 debt, informing me that unless I pay before the 7th of April they will issue court proceedings on that date, on behalf of Lowell.

My quandary is what to do now?

Should I contact them and offer a payment plan for this debt? Or wait until I hear from the court? I could afford to pay towards this debt, and something towards the other debt Lowell holds but I can't see how I could pay all my other creditors, who will no doubt swarm around as soon as my credit reference file is amended. In a years time my income will have increased quite a bit, and I had naively hoped that I would have been able to carry on putting things off until then, when I would have been in a better position to pay something.

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

Last summer I started receiving letters from Lowell Financial Ltd. who, they claimed, had bought two of my debts; a credit card for approx £7000, unacknowledged since 2009 and an overdraft for approx £500 from a student account opened in 2005 or 2006, unacknowledged since 2011. I continued to ignore their letters but they seemed more serious and this week I have received a letter from Bryan Carter Solicitors regarding the £500 debt, informing me that unless I pay before the 7th of April they will issue court proceedings on that date, on behalf of Lowell.

When you say "unacknowledged" since 2011, what kind of acknowledgement was that? When did you last pay into this current account?

My quandary is what to do now?

Should I contact them and offer a payment plan for this debt? Or wait until I hear from the court?

It's always better to respond to a letter before action than to wait to hear from the court. Could you post up the letter you received, after removing your personal details? :typing:

I could afford to pay towards this debt, and something towards the other debt Lowell holds

Don't worry about the other debt for now, you say it's a credit card. Overdrafts can be a bit harder to challenge, so you are in luck that your bigger debt is a credit card. Did you take this card out before April 2007?

but I can't see how I could pay all my other creditors, who will no doubt swarm around as soon as my credit reference file is amended. In a years time my income will have increased quite a bit, and I had naively hoped that I would have been able to carry on putting things off until then, when I would have been in a better position to pay something.

Could you give us a bit more info about these other debts? You may be able to challenge at least some of them using the Consumer Credit Act, especially if they are regulated debts (such as loans, credit cards and catalogue accounts) taken out before April 2007. :thumb:

I have done just that for the past 4 years, just 2 more years to go before my £15k go Statute Barred. :clock: :clock: :clock: :grin:

[Eternal Ostrich]

Re: Help/ advice re. Lowell / Bryan Carter

Thank you for replying to my post FlamingParrot :tinysmile_grin_t:

The debt that I am being threatened with court proceedings on the 7th April is an overdraft; it was on a former student account opened in 2005 or 2006 I think. I haven't paid anything into the account since early in 2010 I think. I will attach a scan of the letter if I can.

The second debt which Lowell holds isn't for a credit card; I had thought it was but looking through my paper work I think that it is for a flexiloan (effectively a large overdraft) which was opened in 2002, and a student account overdraft which was converted from my long-standing current account to a student account in 2005. These appear to have been merged into one debt which is where I got confused. I haven't paid anything into these accounts since March 2009.

By unacknowledged I mean that I have received letters, knocks on the door and phone calls about all of my debts but I have not answered any of them or spoken to anyone from the creditors or collection companies since I stopped paying payments into the accounts. Stupid I know but it just seemed too big for me to deal with so I just buried my head in the sand.

The bulk of my debt is on 4 credit card accounts, all opened before 2005, and it is these that I am afraid of. Of these the 3 large ones are again debts that I haven't paid into since May 2009 and so far haven't seemed to pursue me with the same determination as my smaller debts. One is a credit card account which I made payments to until some time in early 2011. This account has written to me saying that they have sold my account on and I'm expecting the buyer of the debt will be more forceful in recovery attempts.

I spoke to national debtline today and they have recommended I make a token offer of payment, as on the budget they worked out I was -£31 a month; for the debt that I'm being threatened with immediately anyway. It seems to me that if there is realistically little chance of challenging these overdraft/ flexiloan debts then I should try to avoid incurring court costs by agreeing a monthly payment although it seems from reading of Bryan Carter on here they will refuse a token payment and issue proceedings anyway.

Having learned of statute barring on your forum, I think it might be in my best interest to challenge the 3 large credit card debts as I have gone 5 years already and they constitute 2/3 of my total debt.
I think I've attached a scan of the letter to this post but I'm not too hot at manoevering around these threads

Thanks once again for your help.

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

Thank you for replying to my post FlamingParrot :tinysmile_grin_t:

The debt that I am being threatened with court proceedings on the 7th April is an overdraft; it was on a former student account opened in 2005 or 2006 I think. I haven't paid anything into the account since early in 2010 I think. I will attach a scan of the letter if I can.

The second debt which Lowell holds isn't for a credit card; I had thought it was but looking through my paper work I think that it is for a flexiloan (effectively a large overdraft) which was opened in 2002, and a student account overdraft which was converted from my long-standing current account to a student account in 2005. These appear to have been merged into one debt which is where I got confused. I haven't paid anything into these accounts since March 2009.

By unacknowledged I mean that I have received letters, knocks on the door and phone calls about all of my debts but I have not answered any of them or spoken to anyone from the creditors or collection companies since I stopped paying payments into the accounts. Stupid I know but it just seemed too big for me to deal with so I just buried my head in the sand.

I've just looked at your profile and you are in England, so these debts wouldn't be statute barred if they were paid in March 2009, as the limitation period in England is six years (but only five in Scotland).

Send BC the letter below, by recorded delivery. I've used the plural as you say they appear to have merged two debts together. An overdraft wouldn't have a credit agreement as such but flexiloans are different (I've still got a live one) and it's up to BC to tell you what they can and can't send you and why. :thumb:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxx/2014, the contents of which I have noted.

Since your letter refers to litigation, it is being treated as a letter before action, albeit a defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, you will note your letter fails to comply with the Protocol.

I refer you to paragraph 1 of the Protocol, which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. If proceedings are issued, the court will take into account failure to comply with the Protocol.

Paragraph 2.2 (1) of Annex A of the Protocol refers to your obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

Paragraph 3.2 (3) of Annex A of the Protocol allows me to “request further information to enable (me) to provide a full response”. My request is for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require are as follows:
1. A copy of the original credit agreement(s);
2. A copy of the Default Notice(s);
3. A copy of the Termination Notice(s);
4. A copy of the Notice(s) of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which should be in your possession when drafting a claim, so their production should not cause any difficulty. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

I think I've attached a scan of the letter to this post but I'm not too hot at manoevering around these threads

Thanks once again for your help.

You have, and I've read it loud and clear. Pretty generic templated letter, which requires response as above. :thumb:

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

The bulk of my debt is on 4 credit card accounts, all opened before 2005, and it is these that I am afraid of.

Actually, that's very good news, and nothing to be afraid of.

Of these the 3 large ones are again debts that I haven't paid into since May 2009 and so far haven't seemed to pursue me with the same determination as my smaller debts. One is a credit card account which I made payments to until some time in early 2011. This account has written to me saying that they have sold my account on and I'm expecting the buyer of the debt will be more forceful in recovery attempts.

I spoke to national debtline today and they have recommended I make a token offer of payment, as on the budget they worked out I was -£31 a month; for the debt that I'm being threatened with immediately anyway.

Bear in mind if you make ANY offers of repayment it will reset the statute barred clock, which only has one year to run in the case of the debts not paid since 2009! :scared: :clock:

Apologies for "shouting" above but this is a point that has to be emphasized. I myself haven't paid anything into my credit cards since Jan 2010 and the last thing I'd do at this point is make an offer of repayment and lose the 4 years during which I've managed to avoid court action. :scared:

If it was me, I'd let sleeping dogs lie as long as they are snoozing, if they awaken and start hassling you, then I'd hit them with a CCA request for each account. In fact, that's exactly what I've done/I'm doing. :grin:

It seems to me that if there is realistically little chance of challenging these overdraft/ flexiloan debts then I should try to avoid incurring court costs by agreeing a monthly payment although it seems from reading of Bryan Carter on here they will refuse a token payment and issue proceedings anyway.

I'd just send the letter above and see what they respond with. Do send it tomorrow, special delivery if you can, otherwise they may well issue proceedings on the 7th, BC often do.

Having learned of statute barring on your forum, I think it might be in my best interest to challenge the 3 large credit card debts as I have gone 5 years already and they constitute 2/3 of my total debt.

I couldn't agree more, see my comments above.

[Eternal Ostrich]

Re: Help/ advice re. Lowell / Bryan Carter

Hi FlamingParrot, thank you once again for responding to my posts.

The letter I attached above, that threatens to issue proceedings on the 7th only concerns the 500 pound overdraft. Lowell are also chasing me for the 7000 flexi-loan/ overdraft merged debt but they haven't specifically given a date when they intend to issue proceedings if I don't pay yet.

It seems to me that they are using the smaller debt as a tester. Perhaps the larger debt would be more expensive for them, or they aren't so confident about it. They can't be 100% certain that I live here still so they are using the smaller debt as a fishing trip I think.

I was going to put my hands up to the smaller debt and ask to pay a token payment until next year when I would be able to make an agreement to pay it off. I was expecting they would refuse this and take me to court anyway and hit me with the larger debt as well; which I could then contest as per your advice. Do you think this is the best course? I'm sure they are going to issue over the 500 whatever I do so it won't hurt to make an offer beforehand?

Am I right in thinking that if they obtain a ccj the court will set the level of the payment and as long as I maintain the payments they should not really be able to take further action?

What really concerns me are the three big credit card debts, I haven't heard from them for 2 1/2 years and never at my current address, they seem to have given up but as soon as Lowell hear from me or I get a ccj, my credit file will be amended and I imagine they will pursue me again. If I can last them out for another year they would be statute barred and the debt I would be left with would be manageable.

National detbtline have told me to contact all of my creditors and make token payments to all of them, but it seems to me foolish to do that at this stage.

What do you think? Your thoughts would be greatly appreciated.

[Eternal Ostrich]

Re: Help/ advice re. Lowell / Bryan Carter

Sorry, didn't see your last post as I was typing my reply to the earlier one, I'm a bit slow I'm afraid!

Thank you once again for your advice. I will send the letter tomorrow as you suggest

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

Hi FlamingParrot, thank you once again for responding to my posts.

The letter I attached above, that threatens to issue proceedings on the 7th only concerns the 500 pound overdraft. Lowell are also chasing me for the 7000 flexi-loan/ overdraft merged debt but they haven't specifically given a date when they intend to issue proceedings if I don't pay yet.

It seems to me that they are using the smaller debt as a tester. Perhaps the larger debt would be more expensive for them, or they aren't so confident about it. They can't be 100% certain that I live here still so they are using the smaller debt as a fishing trip I think.

I was going to put my hands up to the smaller debt and ask to pay a token payment until next year when I would be able to make an agreement to pay it off. I was expecting they would refuse this and take me to court anyway and hit me with the larger debt as well; which I could then contest as per your advice. Do you think this is the best course? I'm sure they are going to issue over the 500 whatever I do so it won't hurt to make an offer beforehand?

I thought you said they were consolidating two debts, however, even for £500, it wouldn't hurt to send the letter, who knows, it may well stave off proceedings, letters like that often do. :thumb:

That letter doesn't sound like a fishing trip to me, I've seen the letters you mention and this is just one of their pre-action templates like many others have received on here.

For the sake of postage, why not send the letter and see what happens next? What have you got to lose?

Am I right in thinking that if they obtain a ccj the court will set the level of the payment and as long as I maintain the payments they should not really be able to take further action?

In the event of getting a CCJ you would fill in a budget sheet and the level of repayments would be based on what you can afford. As long as you keep up those repayments, they can't take further action and, since the debt is below £1,000, they can't apply for a charge to secure the debt (provided you are a homeowner).

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

What really concerns me are the three big credit card debts, I haven't heard from them for 2 1/2 years and never at my current address, they seem to have given up but as soon as Lowell hear from me or I get a ccj, my credit file will be amended and I imagine they will pursue me again. If I can last them out for another year they would be statute barred and the debt I would be left with would be manageable.

As above, hit them with a CCA request as soon as you hear from them. I've not heard from mine also for around that time, in fact, I've not even got a NoA saying they've been sold, despite being defaulted over 4 years ago!

National detbtline have told me to contact all of my creditors and make token payments to all of them, but it seems to me foolish to do that at this stage.

What do you think? Your thoughts would be greatly appreciated.

National Debtline have very useful resources and I respect them for that reason, however, as with all official organisations, they all have the same policy of recommending repayment plans and token payments rather than challenging the debts using the CCA, although I am in possession of a Debt Adviser's Handbook that does mention that option.

It would, indeed, be rather foolish to reset the clock at this stage by offering them any sort of payment. :nono:

[Eternal Ostrich]

Re: Help/ advice re. Lowell / Bryan Carter

Thanks Flaming Parrot! I will send the letter tomorrow and let you know what happens!

When you are talking about so many debts it's easy to get them confused. Sorry about that.
Lowell are chasing me for another debt which is a merger of a flexi-loan account and a student loan overdraft; this amounts to £7000. I think they are waiting to see what happens with the smaller debt first and then when they have confirmed my identity and address they will follow through with the larger and go with a charging order. But that could just be my paranoia.
Anyway, one thing at a time. I will send the letter and see what happens.

Thanks again, I would be lost without you're help.

[FlamingParrot]

Re: Help/ advice re. Lowell / Bryan Carter

Thanks Flaming Parrot! I will send the letter tomorrow and let you know what happens!

When you are talking about so many debts it's easy to get them confused. Sorry about that.

No worries, that's what we're here for. For reference, before issuing a claim, the claimant or the solicitors acting for them are supposed to send you a letter of claim, and you are supposed to reply to it. This is known as the pre-action conduct. BC's letters are never compliant but you should still respond in the proper manner, as above. In many cases, a suitable response to a letter before action can make them decide against taking action.

Lowell are chasing me for another debt which is a merger of a flexi-loan account and a student loan overdraft; this amounts to £7000.

If they contact you about this, I'd still send the CCA request to them and see what they say, as a flexi-loan is not the same as an overdraft. But don't do anything till they contact you.

I think they are waiting to see what happens with the smaller debt first and then when they have confirmed my identity and address they will follow through with the larger and go with a charging order. But that could just be my paranoia.
Anyway, one thing at a time. I will send the letter and see what happens.

Thanks again, I would be lost without you're help.

A CCJ is required before they can apply for a charging order. :grin:

[Eternal Ostrich]

Re: Help/ advice re. Lowell / Bryan Carter

Hi,

I wonder if anyone could advise me about an issue I am having with Lowell Financiall? Over two years ago their solicitor Brian Carter threatened to take me to court over an unpaid overdraft approx. £500. I wrote back to them at the time, following advise from FlamingParrot, requesting they supply copies of the documents they would rely on in court;

"Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxx/2014, the contents of which I have noted.

Since your letter refers to litigation, it is being treated as a letter before action, albeit a defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, you will note your letter fails to comply with the Protocol.

I refer you to paragraph 1 of the Protocol, which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. If proceedings are issued, the court will take into account failure to comply with the Protocol.

Paragraph 2.2 (1) of Annex A of the Protocol refers to your obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

Paragraph 3.2 (3) of Annex A of the Protocol allows me to “request further information to enable (me) to provide a full response”. My request is for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require are as follows:
1. A copy of the original credit agreement(s);
2. A copy of the Default Notice(s);
3. A copy of the Termination Notice(s);
4. A copy of the Notice(s) of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which should be in your possession when drafting a claim, so their production should not cause any difficulty. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely"


Their solicitor replied that they had reverted the matter back to their clients, and Lowell replied that they would get back to me in due time. All of this correspondance being conducted through my current address.
Ive heard nothing from then since until I recieved some letters forwarded from my old address, the latest of which says that they have been trying to contact me to repay the debt and that if I they dont hear from me by the 13th June they will issue court proceedings. They make NO mention of the documents I have requested , indeed it's as if our previous correspondance doesn't exist. They write that they are contacting me at my old address as a credit search has told them that I still live there despite living at my current address for nearly five years and they corresponding with me here.

If anyone could advice me on how to respond to them and their ignoring of our previous correspondance I would be very grateful.

Eternal Ostrich.