Bryan Carter - Letter of Claim

**FlamingParrot** · 2nd March 2015, 17:22:PM

Re: Bryan Carter - Letter of Claim

Originally posted by clearway View Post

Hi all, i'm hoping you can help me. I received a letter of claim from Bryan Carter dated 25 Feb 2015, their client being Lowell and brand/product being Capital One.

The letter details are as follows -

Date: 25 February 2015

Our Client: Lowell Financial Limited
Brand/Product: Capital One
Account no.: XXXXXXXX

Dear Mr XXX

Letter of Claim

We have been instructed by Frederickson International Limited on behalf of our client, Lowell Financial Limited regarding your Capital One account, to commence Legal Action and issue a Claim against you in the County Court in respect of this debt.

Should you fail to respond to this letter within 14 days a Claim will be issued without any further notice. If Court action is taken, additional costs and interest will be added to the debt which you will be responsible for as below:

Current debt due £676.49
Estimated court fee £60
Estimated Solicitor costs £70
Estimated Total £860.61

The Dynamic Duo Lowell/Carter strike again, at least this time they are giving you 14 days, used to be the case they issued them within 48 hours. :rant: :rant: :rant:

Originally posted by clearway View Post

I found this letter on another thread http://www.legalbeagles.info/forums/...075#post391075 and was wondering if that is what I should send as well as a CCA to Lowell?

You need to respond with something like the letter below, amending the dates, etc. where indicated. Definitely send Lowell a CCA request and insert the date it was sent at the bottom of the letter where it says: " A request has been made under s.78....."

Let's forget about Freddy's involvement and just respond to Mr Carter and hit Lowell with a CCA request. Both letters should be sent recorded delivery but the CCA request is the only one that requires the £1 fee. :thumb:

In many cases, solicitors like Bryan just crawl back under their stones when receiving the letter, knowing full well they haven't got a hope in hell of obtaining all the required documents. :grin:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

The original credit agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2015 and I am awaiting a response.

I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

**nemesis45** · 2nd March 2015, 17:30:PM

Re: Bryan Carter - Letter of Claim

Hi Welcome to LB,
This is one of Carters old style letter, not often see now.
A CCA request to Lowell at
Lowell Financial Ltd
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS101AB

£1 statutory fee ( use a cheque or Postal Order clearly endorsed "For Statutory Fee Only" and keep a copy. Lowell has 12 + 2 Working Days to comply. (best sent by signed for post)
Yes use the template and amend to suit.

Is this account showing on you credit reference files?
When exactly would the last payment and/or written acknowledgment have been made?

nem

**clearway** · 2nd March 2015, 20:02:PM

Re: Bryan Carter - Letter of Claim

Thank you so much for the quick replies, i'm without a printer but will get the letters sent out next day recorded on Wednesday.

I have never so much as spoken to Lowell/Frederickson/BC before so was a bit shocked to say the least when I received the letter. By replying am I accepting ownership for the alleged account/debt?

As far as showing on my credit files i'm not sure, during the IVA I pretty much buried my head in the sand and just made the monthly payment while trying to get on with my life/marriage etc. Also I was lead to believe that my credit would pretty much destroyed? I used to be registered with experian and equifax but wouldn't know what account/payment details were used as I had to change bank accounts etc under the advice of my IVA handler.

**FlamingParrot** · 2nd March 2015, 23:10:PM

Re: Bryan Carter - Letter of Claim

Originally posted by clearway View Post

Thank you so much for the quick replies, i'm without a printer but will get the letters sent out next day recorded on Wednesday.

I have never so much as spoken to Lowell/Frederickson/BC before so was a bit shocked to say the least when I received the letter. By replying am I accepting ownership for the alleged account/debt?

Absolutely not! You are asking them to supply you with the documents they would rely on if they were to issue a claim as they threaten to do. Under the Civil Procedure Rules Pre Action Protocol Practice Direction, you are expected to comply with the protocol by responding to the letter:

4. Compliance
4.1 The CPR enable the court to take into account the extent of the parties’ compliance with this Practice Direction or a relevant pre-action protocol (see paragraph 5.2) when giving directions for the management of claims (see CPR rule 3.1(4) and (5)) and when making orders about who should pay costs (see CPR rule 44.2(5)(a)).

4.2 The court will expect the parties to have complied with this Practice Direction or any relevant pre-action protocol. The court may ask the parties to explain what steps were taken to comply prior to the start of the claim. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

7. Exchanging information before starting proceedings

7.1 Before starting proceedings –

(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and

(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.
7.2 A ‘reasonable period of time’ will vary depending on the matter. As a general guide –

(1) the defendant should send a letter of acknowledgment within 14 days of receipt of the letter before claim (if a full response has not been sent within that period);
(2) where the matter is straightforward, for example an undisputed debt, then a full response should normally be
provided within 14 days;

Originally posted by clearway View Post

As far as showing on my credit files i'm not sure, during the IVA I pretty much buried my head in the sand and just made the monthly payment while trying to get on with my life/marriage etc. Also I was lead to believe that my credit would pretty much destroyed? I used to be registered with experian and equifax but wouldn't know what account/payment details were used as I had to change bank accounts etc under the advice of my IVA handler.

How long ago did your IVA fail? Was it less than six years ago?

**clearway** · 4th March 2015, 16:46:PM

Re: Bryan Carter - Letter of Claim

Sorry for the delayed reply, i'm not always able to access a computer and cant really type replies on a phone.

Yes, the IVA failiure was less than 6 years ago and when I spoke to my case handler at the time I explained the situation and was pretty much told they would make all parties aware and the next step would likely be bankruptcy. Something I could not afford to do but was aware that under the terms of my agreement another party could possibly apply for it.
I later moved into rented accommodation and this is the address that BC is writing to me at even though I have had no contact or confirmation. One concern for me is if this is my debt then I can't understand the balance since that would be more than my credit limit would have been and the estimated total just doesn't add up.
I'm getting all letters printed today ready to go out tomorrow next day recorded delivery.

Thanks

**clearway** · 4th March 2015, 17:02:PM

Re: Bryan Carter - Letter of Claim

Sorry to ask but is this a suitable template to send to Lowells? I found it browsing through this site but just want to be sure before I post it with the £1 postal order.

My Name
My Address
My Address
My Postcode

Lowell Financial Ltd
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS101AB

4th March 2015

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

YOUR NAME

I'm guessing that the account number to use is the one on the BC letter and not the BC own reference number?

**FlamingParrot** · 4th March 2015, 17:20:PM

Re: Bryan Carter - Letter of Claim

Originally posted by clearway View Post

Sorry to ask but is this a suitable template to send to Lowells? I found it browsing through this site but just want to be sure before I post it with the £1 postal order.

Yes, that would be the CCA request that goes with the £1 PO. :thumb:

This is separate from your response to their letter of claim as posted here: http://www.legalbeagles.info/forums/...596#post524596 You need to send BOTH letters:

the CCA request to Lowell
the response to their letter of claim to Mr Carter (no fee required). Put the date you sent the CCA request to Lowell at the bottom of this letter to Mr Carter, where it says: "A request has been made under s.78 on xx/xxxx/2015..."

**clearway** · 4th March 2015, 17:26:PM

Re: Bryan Carter - Letter of Claim

Thanks for the quick reply, I have both letters typed and ready for printing/posting.

The letter from the template at top of the page is going to Bryan Carter. I added my name, address and BCs address etc to the top of the letter aswell, was that the correct thing to do?

The CCA letter is ready for printing, I just wanted to be sure i'm sending the right letter to them.

Off to the post office straight after work tomorrow to get the postal order and send all letters next day signed for.

Thank you for all your help. It's really appreciated.

**nemesis45** · 4th March 2015, 18:04:PM

Re: Bryan Carter - Letter of Claim

Use both ref numbers for clarification.

nem

**clearway** · 4th March 2015, 18:35:PM

Re: Bryan Carter - Letter of Claim

Originally posted by nemesis45 View Post

Use both ref numbers for clarification.

nem

Would that be on both letters or just BC or Lowell?

Thanks

**nemesis45** · 4th March 2015, 18:38:PM

Re: Bryan Carter - Letter of Claim

Use both refs on both letters.

nem

**clearway** · 4th March 2015, 18:48:PM

Re: Bryan Carter - Letter of Claim

Thank you, letters have now been amended to included both the account number and BC reference.

Thanks again

**clearway** · 5th March 2015, 20:45:PM

Re: Bryan Carter - Letter of Claim

Both letters are in the post. A CCA letter to Lowells with £1 postal order (crossed and with for statutory fee only written in) and other letter to BC, both are first class recorded so should be there Monday at the latest.

Time to wait and see what they come back with?

**FlamingParrot** · 5th March 2015, 21:21:PM

Re: Bryan Carter - Letter of Claim

Originally posted by clearway View Post

Both letters are in the post. A CCA letter to Lowells with £1 postal order (crossed and with for statutory fee only written in) and other letter to BC, both are first class recorded so should be there Monday at the latest.

Time to wait and see what they come back with?

Time to relax and forget about them, hopefully they come back with nothing, no news = good news.

Bryan Carter - Letter of Claim