Bryan Carter - Letter of Claim

[clearway]

Re: Bryan Carter - Letter of Claim

Small update. I have just checked my mail tracking and the BC letter was delivered on the 6th but the lowell letter is still in progress.

Previous experience of Royal mail is that if post doesn't get there in the times they say then chances are it won't arrive. Should I send another copy with another £1 postal order? I'm concerned that without the CCA letter arriving at lowell then is there anything stopping BC from starting court proceedings?

[clearway]

Re: Bryan Carter - Letter of Claim

I have had a reply from BC today:

Dear MR XXX

OUR CLIENT: LOWELL FINANCIAL LTD
ACCOUNT NO: XXXXXXXXXXXX
OUTSTANDING BALANCE: £676.49

We write further to your letter dated 5 March 2015 the content of which we note.

We confirm no proceedings have been issued. In any event this matter will most likely be allocated to the Small Claims Track where, disclosure is not required.

It is the policy of the original creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to your own records for the same.

We are taking further instructions from our client and will refer to you shortly.

Yours sincerely


Bryan Carter


I think I have seen this before while browsing the site so i'm guessing its a quite generic reply from BC to any correspondence? What I cant find is do I need to reply?

Again apologies for all the questions.

[nemesis45]

Re: Bryan Carter - Letter of Claim

Generic Yes, correct No!!!

The claim has not been allocated to a track so CPR31.14 still applies.
It matters not what one may have received from the original creditor,
lawful request for disclosure/provision of documents either under CPR
or CC 1974 must be complied with.

Carter is taking the P!!

nem

[clearway]

Re: Bryan Carter - Letter of Claim

Generic Yes, correct No!!!

The claim has not been allocated to a track so CPR31.14 still applies.
It matters not what one may have received from the original creditor,
lawful request for disclosure/provision of documents either under CPR
or CC 1974 must be complied with.

Carter is taking the P!!

nem

Pretty much as I thought, thanks.

Should I reply to them or is it worth just waiting to see what they come back with?

Also I've been checking royal mail tracking but there has been no update to the lowell letter since the 5th when I posted it. Should I send the CCA letter again with another £1 postal order?

Thanks

[nemesis45]

Re: Bryan Carter - Letter of Claim

Check once more on the CCA request to see if it has been received, if not send again with PO.

Is this the address you used?

The Lowell Group
Ellington House
9 Savannah Square
Leeds Valley Park
Leeds
LS 10 1AB.

Never use a PO Box number for letters to Lowell they just don't get signed for in my experience.

nem

[clearway]

Re: Bryan Carter - Letter of Claim

I have checked again this morning but all the tracking states is Royal Mail have my item. I'll try going into the post office today to see whether they can tell me if original postal order has been cashed/presented otherwise I will send another letter today before I go to work.

I used the same address as given earlier in this thread and the only difference I can see is mine was headed Lowell Financial limited other than The Lowell Group. I too have no faith in PO Box addresses.

Thank you for your quick reply

[nemesis45]

Re: Bryan Carter - Letter of Claim

Happy to help, please keep us up to date on progress.

nem

[clearway]

Re: Bryan Carter - Letter of Claim

I went to the post office who asked me to call the 0345 number on my receipt. The lady I spoke to over the phone said it can take up to 5 working days to register delivery as businesses do not always sign a pda and may possibly sign for bulk delivery so I'm going to give it until Monday.

Apparently I can also check if the postal order has been cashed / presented but she wasn't completely sure of the timescales involved.

I have another CCA letter printed so if there is no update on monday I can get another copy sent asap.

[clearway]

Re: Bryan Carter - Letter of Claim

Bit of a post revival and I kept meaning to come back on here to say all is well but looks like thats about to change.

I have received another letter which includes a copy of the original agreement and statements of account. I dont recall the application but it is dated 2003 and looks like my signature so i'm going to get in touch with BC. The statements however dont really seem to tally up, I have had a read through and don't really understand them the balance fluctuates up to Feb 2008 with no record of transactions and following that date there is mostly itemised billing with one or two late fees and charges. The last recorded payment to the account is April 2013 which im guessing was made by the IVA provider and leaves the outstanding balance requested in BCs earlier letters of £676.49. I have been given until 25th June to contact them.

I really dont want to contact them by phone but i'm not sure what to put in a letter either, I will be speaking to family members to try and help financially but dont think I would be able to raise the full amount. Is there any way to offer a reduced amount and stop the letters?

Thanks in advance

[MIKE770]

Re: Bryan Carter - Letter of Claim

wait for a response on here before doing anything as you will be jumping the gun as Carter is hoping you will! why have they not done anything so far???

[FlamingParrot]

Re: Bryan Carter - Letter of Claim

Bit of a post revival and I kept meaning to come back on here to say all is well but looks like thats about to change.

I have received another letter which includes a copy of the original agreement and statements of account. I dont recall the application but it is dated 2003 and looks like my signature so i'm going to get in touch with BC.

Is there any chance you could remove your personal details and post up the purported agreement? :typing:

What were you planning to tell Mr Carter when you get in touch?

The statements however dont really seem to tally up, I have had a read through and don't really understand them the balance fluctuates up to Feb 2008 with no record of transactions and following that date there is mostly itemised billing with one or two late fees and charges. The last recorded payment to the account is April 2013 which im guessing was made by the IVA provider and leaves the outstanding balance requested in BCs earlier letters of £676.49. I have been given until 25th June to contact them.

If this debt was included in an IVA, how come they are chasing you for it? Apologies if you have told us about it, it's been a few months...

I really dont want to contact them by phone but i'm not sure what to put in a letter either, I will be speaking to family members to try and help financially but dont think I would be able to raise the full amount. Is there any way to offer a reduced amount and stop the letters?

Thanks in advance

Yes, that's always an alternative but let's look at the paperwork first. :thumb:

[clearway]

Re: Bryan Carter - Letter of Claim

Is there any chance you could remove your personal details and post up the purported agreement? :typing:

I have scanned some of the 40+ pages into the PC and am currently trying to figure out how to cover personal details and post them up here.

What were you planning to tell Mr Carter when you get in touch?

I dont know really, I was hoping for some form of reduced settlement I suppose. Hopefully I can borrow some funds from family members

If this debt was included in an IVA, how come they are chasing you for it? Apologies if you have told us about it, it's been a few months...

The IVA didn't run its course due to my health and employment situation. I had to change jobs and could no longer afford to carry on.

Yes, that's always an alternative but let's look at the paperwork first. :thumb:

Thank you

[clearway]

Re: Bryan Carter - Letter of Claim

Apologies but I think I have managed to cover personal details and saved them as a jpeg but can't see how to attach them to the site/thread. Can anyone help?

[FlamingParrot]

Re: Bryan Carter - Letter of Claim

I have scanned some of the 40+ pages into the PC and am currently trying to figure out how to cover personal details and post them up here.

40+ pages? :scared: Some of them are probably just terms and conditions. What we need is the agreement itself and the original terms from inception (when you opened the account). :typing:

- - - Updated - - -

Apologies but I think I have managed to cover personal details and saved them as a jpeg but can't see how to attach them to the site/thread. Can anyone help?

You will find some instructions here: http://www.legalbeagles.info/forums/showthread.php?44713-How-to-Upload-Documents-(and-keep-your-details-safe!)

Any problems just shout!

[clearway]

Re: Bryan Carter - Letter of Claim

Thanks, here is the first lot of attachments showing the original application, letter from BC and credit agreement etc.