Lowell Portfolio & Bryan Carter county court

[Miss]

Re: Bryan Carter Fake claims of email

I should also mention that the letter the sent was requesting the courts for an extra 30 days of mediation as they didn't feel the case should go to court. Any thoughts? They can't get away with lies like this can they?

[FlamingParrot]

Re: Bryan Carter Fake claims of email

Are they saying that YOU were the one who requested a 30 day stay to attempt and resolve the matter via mediation?

[Miss]

Bryan Carter / Lowell Hearing in a few weeks

Hi

So I just received the witness statement, however I am not sure if the claim could possibly be statue barred. Can anyone assist with that?

The credit card, according to their statement, was taken out on 27th September 2007, the debt was assigned to the claimant on or around 7th August 2012 and a copy was sent to the defendant on or around 20th December 2012.

The address they had on file I no longer resided on, left there in 2009 as a result of a marriage breakdown. I don't believe any payments have been made on this card at all, but how can I find this out for sure?

They WS also states they will not be attending the hearing, where do I go from here? Am slightly freaking out now!

[Amethyst]

Re: Bryan Carter / Lowell Hearing in a few weeks

Did you plead the debt was statute barred in your defence ? If not you might have to apply to amend but depends if you have a defence anyway.

Did they send you a copy/reconstruction of the original agreement with the witness statement ? (and I presume you have another thread - for now though did you send the usual CPR 31.14 and CCA request ?)

[Miss]

Re: Bryan Carter / Lowell Hearing in a few weeks

Did you plead the debt was statute barred in your defence ? If not you might have to apply to amend but depends if you have a defence anyway.

Did they send you a copy/reconstruction of the original agreement with the witness statement ? (and I presume you have another thread - for now though did you send the usual CPR 31.14 and CCA request ?)

Yes I had another thread, just can't find it!

Yes, sent cca & cpr request but got nothing in return from them. My defence didn't plea statue barred as I had no clue when the credit card was taken out. The witness statement included the copy of the credit card agreement yes.

What are my options? Is it statue barred?

[Miss]

Re: Bryan Carter / Lowell Hearing in a few weeks

Anyone that can help me at all please?

[Amethyst]

Re: Bryan Carter / Lowell Hearing in a few weeks

Hiya, Have merged your threads so just having a read back through now.

[Miss]

Re: Lowell Portfolio & Bryan Carter county court

Thank you!

[Amethyst]

Re: Bryan Carter / Lowell Hearing in a few weeks

Okay, when is the hearing date ? and are their directions in your hearing date letter regarding sending in your own witness statement?

Summarising then this is a claim for a credit card you had in 2007 and think last payment was in 2009 - however the claim was bought at the end of 2014 so it isn't statute barred (so we can forget that)

The witness statement included the copy of the credit card agreement. You know what the debt is now and the statements all look right? This is the first time you have received a copy of the agreement since the claim was brought against you a year ago. Does the CCA all look okay, legible, with all the terms attached ? are there copies of a default notice / notice of assignment with the witness statement too ?

You may then be in a position where you are looking at making an offer to pay ( if you possibly can scan/photo the docs you have received it would be helpful ) and asking BC to accept an installment arrangement under a consent/tomlin order to avoid the CCJ.

[Miss]

Re: Lowell Portfolio & Bryan Carter county court

Thank you so much! I don't believe any payments have been made on the credit card at all. And the debt was bought in 2012, not sure if that makes a difference?

Yes the paperwork looks legible to me. The hearing is on 4th December.

[Amethyst]

Re: Lowell Portfolio & Bryan Carter county court

If no payments were ever made it would be from last time the card was used and when payment due was missed under the terms of the contract - ie. when they could recall the full debt - that would have had to have been before October 2008 for it to fall to statute barred as the claim was brough in Nov '14.

the statements they sent you do they show how the balance went up from what you thought was a £500 limit to this £3k claim ?

Witness statement is due in now then if you wanted to continue, else your defence could get struck out anyway, so have a think what outcome would be best for you - if avoiding a CCJ is priority then I think you would be safest negotiating settlement via a tomlin/consent order ( so the CCJ is on hold in the court system as security but you don't get a judgment against you unless you stop payments )