**DISCONTINUED** Lowell Finance/Brian Carter solicitors

[Twinks143]

I need some help please.

I had a very old MBNA debt (05) with Lowells which I have been paying regularly up to the last year. I stupidly stopped making payments about a year ago and have just received a Claim Form through the post from Brian Carter. They sent a letter telling me I would get one within 48 hours and I received one the next day. I had no time to respond to their letter.

The original debt was for about £1,500. Despite numerous requests to Lowell for a statement I never received anything so stopped making payments thinking I must have paid it off by now (9 years later).

The claim form states the debt was assigned to Lowell Portfolio in June 05 and notice served pursuant to law of property Act 1925. I have received letters from Frederickson in the meantime.

I still have no idea of how much I have paid as no statements have been forthcoming. They are now trying to claim £2,800 amount claimed plus court fee £105 and £80 costs but have added over £1,100 interest since 2005. Can they do this as this will double my original debt.

I have tried really hard to repair my credit history since 2005 when I lost my business and I feel devastated that I will now have a Judgment on my file for another 6 years.

Any help would be much appreciated as this is giving me sleepless nights. Date of claim form was 3 July.

Many thanks to anyone that can help and advise next steps.

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

Welcome to LB

I need some help please.

I had a very old MBNA debt (05) with Lowells which I have been paying regularly up to the last year.

Can you remember how you applied for this card? Did you apply online or by any other means? Being from 2005, it could make a difference. :thumb:

I stupidly stopped making payments about a year ago and have just received a Claim Form through the post from Brian Carter. They sent a letter telling me I would get one within 48 hours and I received one the next day. I had no time to respond to their letter.

That's customary for BC. :mad2: :mad2:

The original debt was for about £1,500. Despite numerous requests to Lowell for a statement I never received anything so stopped making payments thinking I must have paid it off by now (9 years later).

Did you ever request a copy of your agreement (CCA request)?

The claim form states the debt was assigned to Lowell Portfolio in June 05 and notice served pursuant to law of property Act 1925. I have received letters from Frederickson in the meantime.

Ah, I see now you DEFAULTED in 2005, rather than taking out the card in 2005. If you applied earlier than 2005, then applying online wouldn't make any difference. :thumb: Was this always an MBNA card or one they acquired from other company. For example, mine was originally an ancient A&L card bought by MBNA in 2002.

I still have no idea of how much I have paid as no statements have been forthcoming. They are now trying to claim £2,800 amount claimed plus court fee £105 and £80 costs but have added over £1,100 interest since 2005. Can they do this as this will double my original debt.

I have tried really hard to repair my credit history since 2005 when I lost my business and I feel devastated that I will now have a Judgment on my file for another 6 years.

Who says you WILL have a judgment? We'll do our best to try and help you defend this claim, if all else fails, you can always sign a Tomlin Order which would stay proceedings as long as you keep to the terms of the order, effectively replacing a court order. :thumb: But we're getting way ahead of ourselves here.

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

Any help would be much appreciated as this is giving me sleepless nights. Date of claim form was 3 July.

Many thanks to anyone that can help and advise next steps.

Have you acknowledged service? If not, you should do that a.s.a.p. You should be able to do it online, using the P/W provided on the claim. :typing: You have 14 days (+5 for service) from date on the claim to acknowledge. Tick the box stating your intention to DEFEND IN FULL :thumb:

Once you've acknowledge service, you should send a CCA request to Lowell, as noted here: http://www.legalbeagles.info/forums/...=7670#post7670 I'd go for the 2nd letter, the 'more in-dept' version, the one with the following paragraph, to stop them from arguing they are not the creditor:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

They should reply in 14 days, not very likely to happen. If they don't, their failure can be used in your defence. :thumb:

You should also send a CPR 31.14 request to Bryan Carter, as noted here: http://www.legalbeagles.info/forums/...382#post410382

They should reply in 7 days (they never do).

Those are your first steps. Do post up if you've got any further questions. :typing:

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Thank you so much for replying and for the welcome.

I don't think I would have applied for it online but to be honest I can't remember and I don't have any paperwork from 2005. It was definitely an MBNA card not from another provider.

I have sent this letter that I found on National Debtline but have since discovered it is not the same one on here.

I am just about to acknowledge service and will get the letters sent off tomorrow.

Thanks very much for you help.

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi All,

I have had a couple more developments from the lovely Bryan Carter.

The first states I should make a Subject Access Request and pay a £10 fee - I am assuming that I pay this by postal order which I have done but not enclosed fee as didn't know how much it was.

The second letters states as follows:-

"We write further to your letter date ** July requesting disclosure under part 31 of the Civil Procedure Rules. We refer you to our previous letter dated ** July and reiterate it's contents.

We confirm the Claim Forum was issued by the Northampton County Court Bulk Centre and that the Court's protocol was followed when issuing the Claimant's Particulars of Claim, Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by the Court.

We confirm this matter will most properly be allocated to the Small Claims Tract as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the claimant when they were dispatched to you.

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence.

As you will be aware a Claim was issued in this matter on 3 July. Please respond to the claim using the Response pack providing by the court. You should comply with the deadlines outlined by the court.

We recommend you seek independent legal advice."

I am guessing that this is a general letter that is sent to everyone but what do i do now. They have said that I can't get an extension to file my defence. Do I send the £10 postal order or how do I respond.

Nothing from Lowells as yet.

Any help would be very much appreciated as this is all very stressful.

Thank you all very much for taking the time to help me.

I've worked out my defence is due by 4 August.

Many thanks
Twinks

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

The second letter is a generic templated response from BC to CPR requests, :mad2: :mad2: however, the first isn't. :confused2: Basically they are asking you to send a SAR, which you'd normally send to the original lender rather than the debt purchaser or their solicitors, to get statements and other historical data on the account. There is no fee for the CPR request, the £10 fee is for the request under the Data Protection Act which has nothing to do with the CPRs.

Whilst you could, indeed, send a SAR, the creditor would legally have 40 days to respond, and that would get you a bunch of statements and screenprints rather than the documents relied upon on the particulars of claim.

Since they have already rejected the possibility of an extension and basically refuse to comply with the request, your options are to either submit a defence based on the information you've got and/or the lack of documents or an unless order. As you've still got time, I'd suggest reading the numerous threads relating to claims from this Dynamic Duo to help you make up your mind.

An unless order would cost you £155 but the fee can be waived in certain circumstances. There's been mixed response from judges to unless orders. :decision:

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Hi Flaming Parrot,

Thanks for your prompt reply. The first letter I sent to Bryan Carter was before I found this site as I was panicing and was advised to do so by a free debt advice service. This is what I said.

"I have written to Lowell Financial Ltd on several occasions asking for statements since I have been paying this debt off since 2005. To date no recent statements have been received.

Please send me the information which I am entitled to under Section 7(1) of the Data Protection Act 1998.

I would particularly like you to provide information about the following items: statement of account showing all payments since 2005.

If you need further information from me, or if you want me to pay a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate member of staff."

Have I messed things up by sending this?

Any advice much appreciated.

Twinks

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

This is the second letter that I sent to Bryan Carter - sorry if it's confusing....

"Request for documents mentioned in a statement of case under CPR 31.14

On 5 July 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 6 August 2014.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you."

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

Hi Flaming Parrot,

Thanks for your prompt reply. The first letter I sent to Bryan Carter was before I found this site as I was panicing and was advised to do so by a free debt advice service. This is what I said.

"I have written to Lowell Financial Ltd on several occasions asking for statements since I have been paying this debt off since 2005. To date no recent statements have been received.

Please send me the information which I am entitled to under Section 7(1) of the Data Protection Act 1998.

I would particularly like you to provide information about the following items: statement of account showing all payments since 2005.

If you need further information from me, or if you want me to pay a fee, please let me know as soon as possible.

If you do not normally handle these requests for your organisation, please pass this letter to your Data Protection Officer or another appropriate member of staff."

Have I messed things up by sending this?

No, you haven't messed anything, but it does explain their first letter. :doh: Basically you sent a form of SAR letter, albeit not a very good one, not least because you are required to pay a £10 fee for a SAR, so there's little point in asking them whether you need to pay a fee.

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

This is the second letter that I sent to Bryan Carter - sorry if it's confusing....

"Request for documents mentioned in a statement of case under CPR 31.14

On 5 July 2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 6 August 2014.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you."

That would be the standard request for documents under CPR 31.14 we use, their reply would have been their second letter, where they argued about small claims etc. :blah:

Now it's all become clear, you could send back the reply posted here and see what they come back with: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

Thanks very much. I will send the letter recorded delivery tomorrow. How long should I leave it before I file my defence? It is due 6 August or am I getting ahead of myself. So glad I found this site. Thanks so much Flaming Parrot.

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

Thanks very much. I will send the letter recorded delivery tomorrow. How long should I leave it before I file my defence? It is due 6 August or am I getting ahead of myself. So glad I found this site. Thanks so much Flaming Parrot.

You are getting a little ahead of yourself, still another couple of weeks to go! :clock:

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

That would be the standard request for documents under CPR 31.14 we use, their reply would have been their second letter, where they argued about small claims etc. :blah:

Now it's all become clear, you could send back the reply posted here and see what they come back with: http://www.legalbeagles.info/forums/...385#post410385 :thumb:

Hi Flaming Parrot.

I sent the letter you suggested I send above and this is their reply:-

"We write further to your letter dated 20 July 2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

We confirm the Claim Forum was issued by the County Court at Northampton Business Centre and that the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4(3A) eliminates the requirement to attach the documents to the particular of claim whey they are issued by this court.

We confirm this matter will most properly be allocated by the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event, the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

It is the original creditor's police to issue agreements at the start of the contract and statements throughout the duration of the agreement, and in this regard we ask you to refer to your own records.

We confirm our client is not agreeable to an extension of time for filing your defence.

As you will be aware a Claim was issued in this matter on 3 July 2014 and we are in receipt of your acknowledgement of service. Please respond to the claim using the Response Pack provided by the Court. You should comply wit the deadlines outline by the Court in order to avoid a default Judgment being entered against you.

We recommend you seek independent legal advice."

What should my next steps be please? - I am assuming this is a standard letter but would welcome any advice please.

Thank you
Twinks x

[Twinks143]

Re: Lowell Finance/Brian Carter solicitors

sorry should read "policy" not "police" in 4th para!! and I have no records dating back to 2005! Still heard nothing back from Lowells.

[FlamingParrot]

Re: Lowell Finance/Brian Carter solicitors

What should my next steps be please? - I am assuming this is a standard letter but would welcome any advice please.

You are assuming correctly, it's a standard templated response they seem to send everyone.

As they have refuse to grant you an extension in true BC style, :rant: :rant: :mad2: you have the option of either submitting a defence based on the information you have and the fact they haven't supplied you with any documents, or submitting an unless order to get the court to force them to disclose the documents. This will cost you £155 but in certain cases the fee can be waived. See form EX160a.

Both options have their pros and cons and there have been mixed results with both. I would suggest looking a some of the very numerous threads relating to this Dynamic Duo :evil: :evil: so you can see what has happened to others in similar situations, so you can make up your mind. :decision:

We need to look at a few points that can be useful in your defence:

• Have you ever requested a copy of your agreement? Presumably Lowell haven't responded to your recent CCA request. :confused2:
• Have you got a default notice issued by MBNA?
• Did you get a notice of assignment when it was sold to Lowell?