Advice please Lowell/Bryan Carter consent order

[benferry]

Hi I received summons from Carters acting on behalf of Lowells re HBOS debt that is possibly Statute Barred although they state a payment was made on 22/4/2008, but I had not made this and summons was sent 24/3/2014. I was unwell at the time and had asked a support group for help and they had asked for debt to be written off in Jan 2008 as I had been unable to make payments as was on benefits.

Currently i responded to claim and sent £1 off requesting information on voracity of debt, which I informed in my defense which was submitted they still had not provided me with information so submitted defense, as time line was due for around 15th April 2008.

I now have received a letter dated 23/4/14 which is asking me to sign a consent form threatening that they will apply to the court to strike out my defence if I do not respond within 7 days.

Advice please

[ncf355]

Re: Advice please Lowell/Bryan Carter consent order

What are they asking you to consent to?

[benferry]

Re: Advice please Lowell/Bryan Carter consent order

before district Judge

On the day of sitting at Northampton County Court Bult Centre

Upon parties having agreed term of settlement


by consent

IT IS ORDRED thatall further proceedings in this action be stayed upone terms set out in the schedule below save for the purpose of enforcing or carrying out into effect the said terms with permission to apply for that purpose
AND ITS FURTHER ORDERED that there be no order as to costs

SCHEDULE

1. the claimant agrees to accept the sum of XXXXX in settelment of the total claim payable by monthly instalments xxxx providing the first payment is received within 28 days from the date of this order and on same day of each month thereafter

2. The claimant agrees not to enter judgement on the condition that this arrangement is maintained

3. the claimant be at liberty to enter judgement for the unpaid balance if the defendant defaults in payment arangements

unsigned and undated

[ncf355]

Re: Advice please Lowell/Bryan Carter consent order

So, basically they are trying to achieve you paying it without following it through to court

You would wonder why, if they are confident of their case, they would try this?

What Defence have you entered?

Is the debt related to a card, loan or overdraft?

[benferry]

Re: Advice please Lowell/Bryan Carter consent order

HI ncf355

The debt is credit card related, as stated initially it was with Halifax. A help group wrote in after I had become unwell asking for write off in Jan 2008, had an initial follow up from a DCA in 2008/9 then heard nothing until recently from Lowells and their solicitors Carters

I agree i think it is just scare tactics as requested a true copy of credit agreement as card was from Jan 2006 and defaulted in Nov 2007.

My defence is th

[FlamingParrot]

Re: Advice please Lowell/Bryan Carter consent order

I've seen other threads on here where they are being sneaky and trying to get people to sign such consent orders, not to mention making up phantom payments, which seems to be commonplace. :mad2: :mad2:

Did you submit a statute barred defence?

[ncf355]

Re: Advice please Lowell/Bryan Carter consent order

As my previous post and FP above, what Defence did you enter BF?

Would agree with FP, this all seems very sneaky to me, they are using scare tactics and so long as your Defence seems reasonable there is no way a judge would agree to strike it out