Lowell/bryan carter solicitors/court claim form

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Hi Don,

I have not moved since 2002 and I have not had any contact at all with anyone other than Monument. I received statements in early days from Monument before the account defaulted but did not respond when it did, and I have received correspondence from Lowell/Fredrickson international/Carters but I have never responded to letters/texts/phone calls from any debt companies or solicitors acting on their behalf.

Do you want to try killing this off now? if so I'll draft a letter for you.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem,

yes please - thank you, what do i do with the court papers, do i not need to respond with that?

osophi

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem,

I missed your first post, yes the assignment date - checked again is 24 December 2007

Osophi

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

I believe in that case the claim is out of time?
Do you want to try to be rid of this now?

nem

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Still need to enter a defence, though! There is a claim that is live and needs defending.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem/Dom,

yes please - thank you, what do i do with the court papers, do i not need to respond with that? How do i defend this pleeeeeeassse!!!!

osophi

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Yes carry on with the court papers as if nothing else is going on.
I'll draft a letter for you later today or early in the morning.

We'll give Carter something to worry about.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Thank you soo much Nem.

I don't know how this affects everything. i am panicking because i just went through some historic bank statements to ensure i have not missed anything. I made some payments through a debt management company (Byrom and Keeley) via standing order until Feb 2011 (well that is when the last SO went out), as i was not able to make those payments after 3yrs. Since then (i definitely know) I have not physically made any payments to B&K or Monument or made contact like I said before.

I am scared to ask the question (i physically feel sick now) as i feel this does not sound good, but how does that affect this now?

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Do you have any details of which accounts were included in the debt management plan? Do you still have any of the paperwork? B&K are on the way out, so no point trying to contact them.

Yes, unfortunately this could compromise your SB defence if any payments were made under your plan.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi

apart from my bank statements, not at present. What information do you need from any paperwork I may have. I plan to look tonight. If my SB defence is compromised, what our my options and what information do I put on the court forms as i feel like i am delaying the response

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

What was the date on the claim form? We need to establish your latest time for submitting a defence.

This may be one of those times where you need to contact Lowells direct – without making any admission of liability – to ask for a statement of account to be sent to you urgently, as you have never received one as required by statute. Can you record calls? You want a full statement from the time they acquired the account.

You really need to know what they have on file.

Many of the debt management companies from just a couple few years ago sometimes failed to make payments to third parties – upfront fees were often taken first. But without the original debt management paperwork, or a statement from B&K (which is now in liquidation), you’re at a loss. Your aim now must be to eliminate guesswork, as I’ve mentioned already.

Have you thrown away all your old records?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Nothing affects the simple fact that the claim is out of time section 5 LA 1980

The following is what I suggest. We are not using last payments or acknowledgments in this challenge:

1 copy to each party of this draft.


Ms Sara de Tute
Legal Counsel
The Lowell Group
Ellington House
9 savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Date:

Lowell ref.

County Court Claim Number.

Dear Ms de Tute,

Nothing in this communication is an admission of liability to any company in the Lowell group.

I draw your attention to the above mentioned claim issued via the Northampton CCBC on date....... I have now investigated this claim and have concluded that this claim is out of time in accordance with Section 5 of the Limitations Act 1980, more than 6 years have elapsed since the cause of action accrued.

I am sure I do not have to quote this section of the act as you will be aware of this provision.

I suggest that Lowell instructs its solicitors to withdraw the claim in the interest of saving costs and court time.
A copy of this letter has been sent to Bryan Carter LLP.

I would expect Lowell to confirm it has withdrawn the claim and has notified that it has done so.

Copy to Carter use signed for post on both if possible.
Send asap.

nem

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Nothing affects the simple fact that the claim is out of time section 5 LA 1980

The following is what I suggest. We are not using last payments or acknowledgments in this challenge:

1 copy to each party of this draft.


Ms Sara de Tute
Legal Counsel
The Lowell Group
Ellington House
9 savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Date:

Lowell ref.

County Court Claim Number.

Dear Ms de Tute,

Nothing in this communication is an admission of liability to any company in the Lowell group.

I draw your attention to the above mentioned claim issued via the Northampton CCBC on date....... I have now investigated this claim and have concluded that this claim is out of time in accordance with Section 5 of the Limitations Act 1980, more than 6 years have elapsed since the cause of action accrued.

I am sure I do not have to quote this section of the act as you will be aware of this provision.

I suggest that Lowell instructs its solicitors to withdraw the claim in the interest of saving costs and court time.
A copy of this letter has been sent to Bryan Carter LLP.

I would expect Lowell to confirm it has withdrawn the claim and has notified that it has done so.

Copy to Carter use signed for post on both if possible.
Send asap.

nem

I’m puzzled, nemesis. I would disagree with that. If payments have been made in the interim, the debt is acknowledged and the SB clock is restarted. What are you taking as the ‘cause of action’?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Nothing to do with the "SB Clock" this is entirely upon the provisions of section 5 Limitations Act 1980
Not anything to do with payments, this part of the Act removes the unfairness of having an unlimited time
to pursue the debt through the court system the time scale is of course in line with the provisions on payments and acknowledgments.
i.e. It is considered unfair/unreasonable to bring an action after 6 years.

Which reads:

"An action founded on simple contract shall not be brought after the expiration of 6 years from which the cause of action accrued."
We can take the cause of action as being the default date, which was clearly more than six years ago.
I hope this explains it more fully

nem

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

It does have to be without acknowledgement or payment.

So since the cause of action if you have made no acknowledgement or payment could be taken from the date of default. Each time you acknowledge or pay the debt the clock restarts.

In this case

I made some payments through a debt management company (Byrom and Keeley) via standing order until Feb 2011 (well that is when the last SO went out),

It definitely would not be statute barred.

ummm s.29 LA 1980

(5)Subject to subsection (6) below, where any right of action has accrued to recover—

(a)any debt or other liquidated pecuniary claim; or

(b)any claim to the personal estate of a deceased person or to any share or interest in any such estate;

and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

(6)A payment of a part of the rent or interest due at any time shall not extend the period for claiming the remainder then due, but any payment of interest shall be treated as a payment in respect of the principal debt.

Cause of Action is really only relevant if you have not paid or acknowledged since default.