Bryan Carter/Lowells Claim. SB. Ficticious payment?

[abraxas]

Firstly hello to everyone and although this is my first post thank you for all the work that goes into this site. I have managed to get as far as submitting my defence but am now a little stuck. Thought of posting on another similar thread but thought it would be better to start a new thread - this "game" that BC play is going to drag on for some time isn't it!?

The details of the case are such:

Received Northampton N1CPC Claim form in early December dated 27 November 2014.

Particulars of Claim: "The claimants claim is for the sum of £xxxx, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Capital One under account reference xxxxxxx and assigned to the claimant on 19/12/2008, notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. And the claimant claims £xxxx
The claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to the date but limited to a maximum of one year and a maximum of 1000 amounting to £xxx"

The total amount being claimed is around about the £1500 mark.

Although I don't have any records (unfortunately!) I am certain the debt is statute barred.

I have sent a CCA request to Lowells (5th Dec 2014), of which I have had no reply whatsoever to date.

I have sent a CPR request to BC (5th Dec), to which I got the usual "small claims track" reply. I followed this up with a letter disagreeing (17th Dec), and of course got a reply re-iterating their point about small claims track.

I sent a SAR to Capital One (5th Dec) - not sure if this was really necessary (??) but they have replied anyway saying that my typed signature didn't match their records and if I wanted to continue the request I would have to send them a copy of my passport or drivers licence.

I submitted a Statute Barred defence to the claim online at the end of December and the court has acknowledged this.

Now to the matter at hand: I today received this from BC:

"We write further to your defence and note that you state that the debt is statute barred under Section 5 of the Limitation Act 1980. You last made a payment towards the debt on 04 January 2010 in the sum of £1.00. The debt is therefore not statute barred.
It is our clients intention to process with this claim and a letter has been sent to you under separate cover in this regard.
Our client is however willing to enter into 'without prejudice' negotations to settle this matter by way of Tomlin Order. If you wish to discuss settlement of this matter, we should be grateful if you would contact our offices"

I am certain I did not make any such payment! I thought for a moment that they may have used a CCA request payment (being £1) but I am pretty sure I never made any such request.


So my question is simply what to do now? Do I just ignore this letter from BC and wait for the court process to continue? Or reply asking for proof of this mysterious £1 (or does that happen later on in the process?)

As an aside, is there any point in pursuing the Capital One SAR - I'm not sure it's really that relevant is it?

Many thanks in advance for your help.

[Amethyst]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Hi and welcome, yes it is likely to go on for a bit, but sounds like you have done really well so far

Reply to their letter asking for more information about this one pound payment, where, when, to whom, and by what method it was made, and dispute it.

Have you engaged the services of any debt management/solutions or claims management company back in 2010 ? If you haven't sent a CCA request yourself that's all I can think of. I doubt if you'd have made a £1 payment on your own.

I would also respond to Capital One for the SAR as this will show you your last transactions etc.


Ah also, did you include the CCA lack of in your defence or JUST the statute barred issue?

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Hi, Welcome,
1. You deny making any such payment.
2. You remind Lowell/Carter that unequivocal proof of their claim must be provided ( How and by whom to whom
was the alleged payment made).
Has any other DCA had this debt, would have made a CCA request fee £1 to any party.

nem

[abraxas]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Thanks for the immediate replies! :-)

The credit card in question (and others) was taken out in 2001, and things got messy around about 2003. I went to Citizens Advice around that time and made debt management payments to a number of creditors for a couple of years. I then became unemployed and put all payments on hold.

I was unemployed on and off for a couple of years during which I kept payments on hold. During this time the debts got passed around between DCA's ad nauseum... once I was regularly employed again I did send off CCA requests to clarify what was what and with who etc but that would have been around 2006.

So yes I have most probably sent a CCA request to someone re this debt, but pretty sure it wasn't Lowells ((but may have been one of their other aliases - they go by other names if I remember correctly?) It most certainly wasn't in 2010.

Will send them a letter as suggested - thanks again! :-)

[debs65]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

abraxas... same position for statute barred debt. Done same to me.. claiming I made one off £1 payment in 2009! Did as nemesis advised. Asked for proof of payment. No response yet. Found paperwork and its been in many partners of Lowell's hands! only £1 payments I have ever paid in my life have been for the odd CCA to this lot! Checked my credit file on few places and no mention of this account! BC nor Lowell have responded to my CPR or produced any documents requested. it's like banging your head against a brick wall! good luck x

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

To enforce this debt Lowell must have a "proper" signed copy of the original agreement, a reconstituted on is Not acceptable.
You can now state formally that the £1.00 alleged payment was for a statutory fee and you are aware the some collection companies have in the past used these in an attempt to claim that a debt is not stat barred.

Demand (don't ask) for the following:

1. If the payment was made by a debt or credit card;
(a). The name on the card: exactly as shown on the card.
(b). The 16 digit card Number or the last 4 digits.
(c).The 3 digit security number.
(d). The 4 digit expiry date/ issue date and Issue Number if available
(e). The name of the card issuer/ and card type e.g. Visa/MasterCard etc.
If a cheque was used:
(a).The name of the drawer.
(b). The Name of the Bank and the sort code.
(c). The account number shown on the cheque.
(d). The date cashed.

If a Postal Order was used:
(a). The PO number.
(b). Date Issued.
(c).Date cashed.
(d). The ID number of the issuing Post Office.

If a bank transfer was made:
(a) The name of the person making the tranfer'
(b). The bank accepting payment.
(c).The receiving bank.
(d). The name of the payee.
(e).Date of payment.

Unless these details are provided the claim that any such payment was made is denied.

[debs65]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Thought recon agreement was acceptable nemesis?

[Kati]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Thought recon agreement was acceptable nemesis?

I believe it has to be the original if pre-97 (although I might be wrong) x

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Pre changes to CCA 1974 ( amendments to the act made 2006) came in same time as the updates to the OFT Guidance 2006.}
Some have challenge this but as far as I know no case law since nor amendments to the Act.

[abraxas]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

abraxas... same position for statute barred debt. Done same to me.. claiming I made one off £1 payment in 2009! Did as nemesis advised. Asked for proof of payment. No response yet. Found paperwork and its been in many partners of Lowell's hands! only £1 payments I have ever paid in my life have been for the odd CCA to this lot! Checked my credit file on few places and no mention of this account! BC nor Lowell have responded to my CPR or produced any documents requested. it's like banging your head against a brick wall! good luck x

Thanks debs65 for the support, this whole experience is certainly an eye-opener! Helps to know one is not alone :-)

Thanks nemesis for additional detail for reply letter, will get that drawn up and sent on Monday

[ohitsonlyme]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Following with interest
Onlyme

[abraxas]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Hi! I have today received a reply (already!) to the letter I posted on Monday as per post #6 above.

Their reply is: "We reconfirm our client's position is the account is not statute barred. The Claimant will provide evidence in accordance with the Court's directions."

That's it! Why I'm surprised their response is so useless I'm not sure - I should know by now eh!?

Next move?

Thanks! :-)

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

Not worth playing letter tennis with the clowns, seems to me they are playing games.
Maybe they hope the court will not order disclosure of the payment.
Wait and see how this pans out I think then we can deal with it more clearly and effectively.

nem

[debs65]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

not had any response to my letters re the alleged £1 and its been over 2 weeks!

[nemesis45]

Re: Bryan Carter/Lowells Claim. SB. Ficticious payment?

I 'm guessing that means Carter / Freds either have no proof of the " mystery " payment of they know it was a Statutory Fee and did not expect to be challenged on it.