Court claim - lowell/bryan carter

[patters1978]

Hi everyone

Received a court letter from Lowell for a £200 overdraft debt now want to charge me £297.19.. I have in the past offered £80 to settle but they refused... debt was made up of charges account was originally only £3 overdrawn

I'm following the "basic first steps" guide and have acknowledged the claim

Now im onto step send a CPR request but who do i send this too? lol i think that is a stupid question? sorry

Also i have been dealing with Kate briscoe on a BW legal matter and she has been very helpful, she said that if anymore court claims came through she would deal with them as and when they did.. and to email here then PM her here so she knows she has had the email.
Anyway today i have received a email from the solicitors that Kate works for saying he can help but his fee's are more than Kate's (£180 an hour) and he was dealing with all things Kate was involved in while she is off on maternity..
I was shocked i can't afford that money and now don't know where i stand with bw legal? if anyone can help me contact Kate it would be great

Anyway many thanks

rebecca

[nemesis45]

Re: Court claim - lowell/bryan carter

CPR 31.14 to Carter.
What is the history of this debt?
What is the default date?
Date of last financial transaction on the account?
What are the Particulars of Claim?
Did you hand over documents to this solicitor e.g. the claim form?

nem

[patters1978]

Re: Court claim - lowell/bryan carter

See quote

CPR 31.14 to Carter.

What is the history of this debt?
Overdraft on a closed account that a DD came out of that was a few pounds more than what was left in there by mistake, never received anything from lloyds telling me so then charged me daily for being over, did request lloyds to take back the charges but wouldn't since have not paid.

What is the default date?
14/07/2010

Date of last financial transaction on the account?
unsure before the default date

What are the Particulars of Claim?
Default Notice

Did you hand over documents to this solicitor e.g. the claim form?
Do you mean Kate Briscoe? if so yes

nem

[nemesis45]

Re: Court claim - lowell/bryan carter

Was there no mention of a contract/agreement?

[patters1978]

Re: Court claim - lowell/bryan carter

yes sorry to make things easier

[nemesis45]

Re: Court claim - lowell/bryan carter

Have you requested the return of the documents as you are now a litigant in person?

[patters1978]

Re: Court claim - lowell/bryan carter

No I haven't requested anything? What should I do?

[patters1978]

Re: Court claim - lowell/bryan carter

Any help? Do I send the cpr or something else?
obviously I wanna stop it going to court plus don't mind paying some but not £297
mid pay today £130 as I have it!

[nemesis45]

Re: Court claim - lowell/bryan carter

CPR 31. 14 request to Lowells solicitors,

CCA Request to Lowell

Get your paperwork back from solicitor.

[patters1978]

Re: Court claim - lowell/bryan carter

Right cca has been done in the past well jan last year

they got back to me stating that my account didn't fall under this act!!
they did provide a statement of my account but only upto 23/6/2009 and it shows the account being £1,005.54 in credit.

the letter goes on to explain the outstanding balance doesn't show the correct figure as there account was opened on the 3/7/2013 but they confirmed with the original creditor the figure is correct.

confused

ps didn't realise my husband had sent one in the past when we made a offer!

[Amethyst]

Re: Court claim - lowell/bryan carter

Yes that is correct, an overdraft wouldn't be covered by the CCA Part v ( ie parts 77-79 ) which cover copies of the agreement.

[Amethyst]

Re: Court claim - lowell/bryan carter

Any help? Do I send the cpr or something else?
obviously I wanna stop it going to court plus don't mind paying some but not £297
mid pay today £130 as I have it!

If you want to negotiate and settle this then speak to Bryan Carter directly and see if you can get them to agree to £130 in full and final and withdraw from the court claim. Lowell probably paid about £30 for the debt.

If they won't then you could offer £10 a month (or whatever is affordable) and ask them to do that under a Tomlin/Consent order so you don't get a CCJ.

You could mention the lack of documents and the Foster-Burnell unfair terms case which would be in your favour. Make sure any conversation you have with them is without prejudice.

[patters1978]

Re: Court claim - lowell/bryan carter

Thanks for the replies people

right if if I wanna make a offer do I skip sending of the cpr?

also looking over this statement what does it actually prove? I can't see what legally stands up from them?

also do I send letters only to the solicitors?

[Amethyst]

Re: Court claim - lowell/bryan carter

You can send the CPR letter to ask for the agreement, terms and default notice. That would go to Bryan Carters. I'd acknowlegde the claim, send the CPR request off and use their response ( saying no probably) as a means to negotiate the settlement.

The statement on the POC proves nothing.

I'd be tempted to send a SAR to Lloyds too - that dodgy balance of over £1k is worth investigating.

[patters1978]

Re: Court claim - lowell/bryan carter

The account was a billing account it was never in debt ever, but when we had problems the other main account went £1000's overdrawn we quickly moved are DD's to nationwide.
Sadly one bill never changed over (Virgin media) and took it out of the un-used Lloyds account we did leave i think about £20 in just in-case but the VM bill was around £26 i think (long time ago) Lloyds paid it .. we never new it didn't change and the ball started rolling.. obviously because are other account was so badly overdrawn any time we went in there they brought it up so just ended up forgetting about it (burred head)

My husband has tried things in the past so sorry i have given some in-correct information

here is the letters he got back from the CCA to Lowells





That letter is the last page basically the rest is just a statement showing at no point it going overdrawn, but its not up to my default date its a year short?

I shall get the CPR sent today and do the SAR to Lloyds

I don't wanna get away with it but it was such a little amount i feel its not great being made to pay £297

cheers for the help these forums are absolutely amazing so much help