DISCONTINUEDLowells / Bryan Carter old Coop credit card

**MIKE770** · 28th September 2014, 08:15:AM

Re: Lowells / Bryan Carter old Coop credit card

SB date as from last payment/acknowledgement, do you have a copy of your old default notice? also CCA1974 request ? did you get copy back from them?

you live in England/Wales or Scotland?

others will be along to give advice etc!

**Kafka** · 28th September 2014, 11:37:AM

Re: Lowells / Bryan Carter old Coop credit card

You mention the credit agreement with the names on - can you post up a redacted copy please to see if it is compliant?

Have you sent a CPR request to BC to demand disclosure? If you have had a clear threat of legal action you can do that under the Pre-Action Protocols. They will write back to say they don't need to comply, but you need to pursue this as further evidence for your defence.

What do they say was the date of Assignment to Lowells? I'll bet it was Nov 2012!

**FlamingParrot** · 29th September 2014, 00:34:AM

Re: Lowells / Bryan Carter old Coop credit card

Originally posted by Melbourne99 View Post

I received a County Court Claim from Northampton dated 4th September regarding an amount of £1569 for a credit card taken out with the Coop in 2005. I have already asked for a CCA back in April 2012 when Lowells first started chasing me. The credit card was in both my married name and my ex-husband's names and this can be seen on the CCA. My husband and I separated in 2006 and I had been making a payment of £30 per month, along with several other credit card debts which he left me with. In March 2008 the divorce was finally settled and as the debt was his debt I did not make any more payments to this credit card. I do not believe he did either as I do not even know his address.

I had heard nothing from Lowells for a while and then at the end of August I received a letter from Bryan Carter stating they were starting court proceedings. I wrote to Bryan Carter claiming I was statute barred, however they wrote back to say the default date is November 2012 and this is the date that is shown on my credit record.

This is getting ridiculous! :mad2: :mad2: Lowell keep switching from one dubious tactic to another!

They seem to make a habit of updating the default date on credit files to the date when they had the account assigned to them, usually years after the account was defaulted! The date shown on your credit file is immaterial for SBd purposes, however, for the sake of having a clean record, you should get it amended so it no longer shows, as a default from 2006 (if that's when you stopped making minimum payments) should no longer be on your file. For the purposes of court proceedings, it doesn't matter what the default date is. The onus is on THEM to show there has been a PAYMENT or WRITTEN ACKNOWLEDGMENT (such as a letter with a repayment or F&F offer written by YOU) in the past 6 years.

Originally posted by Melbourne99 View Post

I sent the court an acknowledgement of service which gives me until Monday 6th October. I have been to the Citizen's Advice Bureau (waited for 2 and a half hours to be seen) but I had more knowledge than the advisor.

No surprises there. The CABs can be good for certain matters, consumer credit litigation isn't one of them.

**FlamingParrot** · 29th September 2014, 00:35:AM

Re: Lowells / Bryan Carter old Coop credit card

Originally posted by Melbourne99 View Post

I am tempted to just pay the money as I don't want a CCJ against my name. If I defend my case using statute barred and the court rejects it - what happens next?

No one wants a CCJ but SBd is an absolute defence. :thumb:

To give you some encouragement, take a look at this thread: http://www.legalbeagles.info/forums/showthread.php?55495-Court-Date-Stage-Vs-Lowell-BC-Last-Min-Urgent-Help-Required!!!!!!&p=475262#post475262

Note how Lowell were using similar arguments here and the whole thing had progressed to the point where a court hearing was scheduled, yet Lowell decided to discontinue the claim at the eleventh hour, very likely because they were not able to present any evidence that the debt was not SBd. :whoo: :whoo: :whoo:

Originally posted by Melbourne99 View Post

Any advice on what to write on the form would be greatly appreciated as the date is looming and my sleep and health are suffering.

You may want to look at this post: http://www.legalbeagles.info/forums/showthread.php?55495-Court-Date-Stage-Vs-Lowell-BC-Last-Min-Urgent-Help-Required!!!!!!&p=474639#post474639 :thumb: :thumb:

**Melbourne99** · 29th September 2014, 04:55:AM

Re: Lowells / Bryan Carter old Coop credit card

Thanks for your advice. I haven't sent a CPR to BC or Lowell's. I am not sure what this is but I presume it is too late to send one now anyway. I will construct a reply using details on other threads and then post on here before filling out the claim form. As the deadline is 6th October, I don't want to leave my reply any later than Thursday.

**Melbourne99** · 30th September 2014, 22:09:PM

Re: Lowells / Bryan Carter old Coop credit card

Okay, after looking at a couple of other threads - this is what I have drafted to write as my defence:

The defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued.

The claim that the Claimant's are entitled to payment of £1569.72, or any other sum or relief of any kind is denied.

(I assume I put the amount quoted in the first line of the particulars of claim, or do I put £1582.45 which is the amount in the amount claimed box, which has £12.73 interest added)

Do I need to put anything else?

This whole business is really freaking me out!

**Melbourne99** · 1st October 2014, 05:10:AM

Re: Lowells / Bryan Carter old Coop credit card

Anyone - any help with the wording please?

**Amethyst** · 1st October 2014, 07:20:AM

Re: Lowells / Bryan Carter old Coop credit card

Originally posted by Melbourne99 View Post

The defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued.
The claim that the Claimant's are entitled to payment of the sum as claimed or relief of any kind is denied.

Sounds good to me

xx I think it's the after interest number you put in but it varies as interest keeps accruing so I just tend to put 'as claimed'.

**Melbourne99** · 1st October 2014, 07:24:AM

Re: Lowells / Bryan Carter old Coop credit card

Thank you, I am so scared

**Amethyst** · 1st October 2014, 07:33:AM

Re: Lowells / Bryan Carter old Coop credit card

Don't be. There's very little they can do to you, honestly, and we are behind you all the way through, if your thread doesn't get answered for a bit it is always fine to send a bump by pm xx

Lowell may come up with some random payments about 4 or 5 years ago so if you do have any banking records its usually a good idea to get them together to check there are no payments to the OC, other DCA who had the debt, or Original Creditor and particularly if you get some screen print from Lowell with payments on you can rebuff it in court much easier if you have banking records showing nothing.

**Amethyst** · 1st October 2014, 07:35:AM

Re: Lowells / Bryan Carter old Coop credit card

'' I have already asked for a CCA back in April 2012 when Lowells first started chasing me..'' - and they never sent you one - so shall we add that to the defence as well ? might be an idea.

**Melbourne99** · 1st October 2014, 07:35:AM

Re: Lowells / Bryan Carter old Coop credit card

I have about 10 years worth of bank statements so theft should be fine. So what happens next?

**Amethyst** · 1st October 2014, 07:39:AM

Re: Lowells / Bryan Carter old Coop credit card

The defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. If the Claimant disagrees he is put to strict proof.

Additionally, the defendant has sent a formal request to the Claimant pursuant to s.78 of the Consumer Credit Act 1974. The Claimant has been unable to produce a copy of any original agreement, or terms, or a statement of any account, and therefore is not entitled to enforce any debt as per s. 78(6) Consumer Credit Act 1974.

The claim that the Claimant's are entitled to payment of the sum as claimed or relief of any kind is denied.

maybe... just gives two strings to your bow.

**Amethyst** · 1st October 2014, 07:42:AM

Re: Lowells / Bryan Carter old Coop credit card

Originally posted by Melbourne99 View Post

I have about 10 years worth of bank statements so theft should be fine. So what happens next?

Perfect

Not many people do !

Well your defence goes in, it gets sent to the Claimant and you get a letter from the court telling you this. The Claimant then gets 28 days to respond and tell the court if they wish to continue (so you get another letter then). Then you get a directions questionnaire (N180/N181) which is basic case management - moves the claim to your local court and any directions needed, then a month or so later you might get a hearing date.

It really depends on what Lowell/BC decide to do with the case, but quite often (far too often) they try push it to the court steps before ditching it. Just keep your thread updated every letter you get and we'll be here to help suss out what the next step is. xxxx

DISCONTINUEDLowells / Bryan Carter old Coop credit card