*DISCONTINUED* Court Claim from Bryan Carter for Lowell Portfolio

[nemesis45]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Now the case has been transferred to your local CC, send another CPR 31.14 to Carter giving 7 working days to comply.
Lowell are in default of the CCA request so remind them that they have not complied.
e.g.

Ms Sara de Tute
Director of Legal & Compliance
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds

LS 10 1AB
Date:

CC Claim No.
Lowell Ref;

Dear Ms de Tute,

I refer you to the above mentioned claim for an alleged debt arising from an account with xxxxxxxxxx.

Please note Lowell has failed to comply with my lawful request made under sections 77/78 of CCA 1974 as (amended ) sent to Lowell on xx. xx. xxxx, together with the statutory fee of £1.00 this has not been returned and no documents have been provided.
I will Inform the FCA of the conduct of Lowell in this case.

Also Lowell's "solicitor" Bryan Carter LLP has also failed to comply with a request made under CCA 31.14 even though the claim has been transferred to a local court and allocated to a track.

Lowell Will provide all the requested documents within 7 days failure will result in an application to the court for the claim to be struck out.

Signed for post check delivery.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Thanks for this nemesis. I have noticed that the original CCA request £1 fee has been cashed by Lowell but no documents provided. I will state this in the letter to them also. When I have the mediation appointment do I tell them about the additional requests for documentation? Also, if Lowell fail to supply requested documents how do I go about getting the claim struck out? Many thanks.

[debs65]

Re: Court Claim from Bryan Carter for Lowell Portfolio

good luck andy and happy new year to you too!

[nemesis45]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi If there is no agreement or fully compliant recon available it's going nowhere anyway.

Lowell may try using the £1 as " One off payment" to claim that SB is no longer possible.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi, received my appointment for mediation via email. Having read through the information that came in the email, it clearly states that I have to answer YES to six points that the mediation service layout. Point 2 talks about having received all evidence pertaining to the claim from the claimant, I haven’t received anything from claimant or BC. I emailed the mediation service back stating this and they have advised that because I have answered NO there is no point in having a mediation appointment. So, it will now possibly go to a hearing, if BC doesn’t pull out beforehand. I also noticed that on the Directions Questionnaire, they have put that no one will be attending the hearing anyway. I have sent off the default letter to Lowells and a further CPR request to BC. Is there anything else I need do or just wait for the hearing?

[Kadafi]

Re: Court Claim from Bryan Carter for Lowell Portfolio

I have a similar case with BC and Lowell. Non compliant with CPR 14 request and Lowell did not respond to my CCA (both sent in September). I did not use mediation as I have no documents so there is a court hearing on 26th march. I hope you win your case, Personally I don't know how these companies get away with chucking in ccj cases without providing documentation.

[nemesis45]

Re: Court Claim from Bryan Carter for Lowell Portfolio

See post 34 +Kadafi.

[debs65]

Re: Court Claim from Bryan Carter for Lowell Portfolio

how's it going 2708andy and Kadafi?

[Kadafi]

Re: Court Claim from Bryan Carter for Lowell Portfolio

[MENTION=55122]debs65[/MENTION]

i won the case as Bryan carter failed to supply any supporting documents by the courts deadline. I received a nice letter of discontinuance

I've explained abit more in my thread

[debs65]

Re: Court Claim from Bryan Carter for Lowell Portfolio

[MENTION=53638]Kadafi[/MENTION] great news! read your thread. I am in limbo... 3 weeks since sent N180 to court via recorded delivery and 5 weeks since asked BC for proof re the alleged £1 payment I made. Still nothing from either. 5 different credit searches n nothing re this alleged account so I know its Statute barred. just wish this nightmare was over x

[Kadafi]

Re: Court Claim from Bryan Carter for Lowell Portfolio

[MENTION=55122]debs65[/MENTION]

Try not to worry, I was in exactly the same situation at your stage. If Bryan carter have not supplied you with any documentation, in my opinion that is a good thing. Supply all your supporting documents to the court apon there instructions, then just wait to see if Bryan carter come up with anything by the deadline.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Nemesis - need some more advice please if possible. My case hearing is on 13 March 2015 and have just been reading through the Judges directions in preparation for the hearing. It states the following: "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing on no later than fourteen days before the hearing." At present I have no documents to supply as both Lowell & BC have refused/ignored to send CCA and CPR 14 documents. Is there anything else I should send to the court prior to the hearing? The only document I have is the defence letter I submitted to Northampton CC when I defended the claim.

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

Hi, anyone able to advise on my question above? Not sure what documentation I can send to the court for the hearing. Thanks.

[nemesis45]

Re: Court Claim from Bryan Carter for Lowell Portfolio

H responding to PM.
Has Lowell replied in any way re the CCA request, or BW rejected the CPR31.14?
The non compliance with the requests will form part of your defence.
Is the 12 + 2 Working days for the CCA request run out?

nem

[2708andy]

Re: Court Claim from Bryan Carter for Lowell Portfolio

No response from Lowell and BW replied refusing to supply documents. Both requests were made on 31 August 2014.