Lowell/bryan carter court claim.

[Packers]

Today I have received a court claims letter and yesterday got a letter stating that bryan carter were issuing court proceedings. The debt in question is from pre 2008, I have made no payment or acknowledgement of this debt from 2008 onwards and I am sure of that. I looked on my credit file through various sites and there is no mention of the account/default on either open or closed accounts section.

What would be the best cause of action to defend against this. Do I need to log on to say that I will be defending against this?

I have attached screenshots of my credit file from various sites to show there is nothing on there. I will post the letters when I get back from work.

Any and all help is greatly appreciated.

Packers

[FlamingParrot]

Re: Lowell/bryan carter court claim.

Hi and welcome

You need to acknowledge service and tick the box saying you intend to defend the claim in full. Do that a.s.a.p., even though you've got 14 days from date of service. You should be able to do i online. :typing:

That should give you a further 14 days to submit your defence, a total of 33 days from date printed on claim (5 days are allowed for service). Take a look at this thread for the steps to take upon receipt of a claim: http://www.legalbeagles.info/forums/...it-Court-Claim

If you are sure the debt is SBd, you can just proceed to enter a SB defence such as seen here: http://www.legalbeagles.info/forums/...957#post390957 SBd is an absolute defence, the best there is! :thumb:

If you are not sure about the last payment date (remember we are still in 2014, so anything from LATE 2008 won't yet be SBd ) you could send a part 18 request to check last payment dates such as seen here: http://www.legalbeagles.info/forums/...233#post388233

Take a look at the above and post up your thoughts and a little more info about the claim. :typing:

[Kafka]

Re: Lowell/bryan carter court claim.

You also need to be specific what you mean by the agreement being "pre-2008", because the law changed in April 2007.

[Packers]

Re: Lowell/bryan carter court claim.

Thanks for your quick reply. When I get back from work I will post the letters sent and try and find if I made any payments to lowell.

Packers

[Packers]

Re: Lowell/bryan carter court claim.

I am pretty sure this agreement was taken out around 2006/2007 but not sure of exact date. I will have a look to see if I can find any info on when it was but I have a feeling that I may not have any documents on this as it was from so long ago.

[Kafka]

Re: Lowell/bryan carter court claim.

If you check your credit file, that should tell you when the account was opened. This is a crucial point that we need to get sorted.

[Kafka]

Re: Lowell/bryan carter court claim.

I believe this one is free to use, though I've never done it myself.
It costs £2 statutory fee for the other credit reference agencies to supply a credit report.

https://www.noddle.co.uk/

[Packers]

Re: Lowell/bryan carter court claim.

Hi kafka. I have looked on my credit file and the account does not show on there in either open or closed accounts.

[Packers]

Re: Lowell/bryan carter court claim.

So I have got home, took a photo of the 2 letters and will upload in a min once all personal info has been taken out.

I have had a quick scan through all available bank statements and can not find a payment to lowell anywhere, I need to get a statement from my 2 banks from when they were opened as online it does not give me that far back.

Lowell purchased the debt on the 16/01/2008, I did not get anything saying as such but I did move house but had put a redirect at the post office.

I have no defaults on my credit file and have searched 3 different sites.

Packers

I am searching through paperwork now to find if i have the original agreement but I only have paperwork from 09/2007.

[Packers]

Re: Lowell/bryan carter court claim.

As I said I would, I have now uploaded the letters with this post.

I will go onto mcol and acknowledge service and that I intend to defend in full in a sec.

Packers

[Kafka]

Re: Lowell/bryan carter court claim.

I like what I'm seeing.
Lowell are saying that they obtained the account in Jan 2008 but have done bugger all about it. If you are certain you've never paid them anything or acknowledged this to them then its SB. The fact that the account doesn't show up on credit reports also suggests that its SB.

SB is a slam-dunk defence, but we can also put them to proof for the documentation such as agreement, Default Notice and Notice of Assignment. My guess is that they would fail to produce these as well in this case. they seem to be scratching around to make a claim. Typical of such a cowboy outfit.

[Packers]

Re: Lowell/bryan carter court claim.

Hi kafka. I have 2 bank accounts. 1 opened on 23 Feb 2011 and no payments to lowell on that one. The 2nd there is no payments but the statement I can get hold of doesn't go back to date of opening and I am just waiting on the full statement to come through to confirm no payments to them.

I thought that it could be sb'd if not showing up on credit file.

Packers

[Kafka]

Re: Lowell/bryan carter court claim.

So is this a claim for 2 separate accounts?

Are they both current accounts?

The fact they are current accounts doesn't alter the issues about SB, but bank accounts are not regulated agreements so don't fall under the CCA and you can't challenge agreements.

[Packers]

Re: Lowell/bryan carter court claim.

Sorry should of been clearer. I have checked statements on both of my accounts back as far as I can go. It was for a mobile phone contract that I took out around 2006/2007.

Packers

[Kafka]

Re: Lowell/bryan carter court claim.

A mobile phone contract is a service agreement, not a regulated loan. The SB rules still apply, but you can't challenge the agreement.