Received County court claim form from bryan carter/Lowell

[dave16]

Hi, can somebody please help

Last week (19/07/14) I received two letters, one from Bryan Carter telling me that they have taken legal action and I should receive a court document within the next few days and the other letter was the actual court document.
The debt they are saying I owe is for HBOS.
Several years ago I found myself in financial difficulties and was unable to make the repayments on a credit card. I have had no contact with either HBOS or Lowell during this time.

I have followed some advice from this forum and filed the Acknowledgment of service today (24/07/14)

I am unsure of what to do next? I was going to request my Consumer Credit Agreement, but as I have made no contact with these companies I am worried it could affect the claim if it is statute barred.

How can I find out if the account is over 6 years old, as I have no documents for this account


any advice would be greatly appreciated

[MIKE770]

Re: Received County court claim form from bryan carter/Lowell

How can I find out if the account is over 6 years old, as I have no documents for this account :-

1. Credit reference agencies check your file,

2. Noddle is a free one = google and sign up

[MIKE770]

Re: Received County court claim form from bryan carter/Lowell

could do a CPR 31.14 =requesting documents mentioned on the Court Form N1.

others will respond as well on here

[Johnboy007]

Re: Received County court claim form from bryan carter/Lowell

My old friends? Lowell...
Simply write to them saying that you do not recognise this alleged debt....
Dear Sir/Madam,
Thank you for your recent contact dated: [LAST LETTER DATE].
I do not recognise the alleged debt but I feel this matter is serious and wish to deal with it in writing.
I do not give you permission to contact me by telephone, and I will be logging the dates and times of any calls and messages. Should they become frequent, I must warn you that they will constitute ‘harassment' and I may take action under Section 1 of the Protection from Harassment Act 1997 and the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing 'alarm, distress or humiliation', because of their frequency or manner.

Please provide verification of your claim, by providing me with true and certified copies (Not photocopies) of the Deed of Assignment (NOT Notice of Assignment) and Deed of Novation. Please also provide me with the name of the individual who is the duly authorised representative from your company, who has seen the Original Note and is certifying these assignments as certified copies and that your company now has the Original Note (Credit Agreement) under penalty of perjury and with unlimited liability and confirm that the Note has never been sold prior to your company purchasing this account.
Yours sincearly,

This will delay any further action for a while...
You then need to write again and request a certified copy ( not a photostat copy) of the original credit agreement.
This they must provide to prove you owe the debt.
Then you will know for sure how old the debt is.
The problem is remembering if you have made contact, or you have made a payment regarding the debt, in the last six years.
Of course there is an alternative way of dealing with this.
Tell Bryan Carter, that you consider the debt to be statute barred, unless they can show proof that you have made contact with them or Lowell, or made a payment within the last six years.
This would probably be the best option.
If it isn't statute barred, they will soon let you know.
:tinysmile_twink_t2:aw: