Bryan Carter - Letter of Claim

[nemesis45]

Re: Bryan Carter - Letter of Claim

Ok so I have now sent the same letter twice this week. The first one went on the 29th but because I didn't get confirmation of delivery I sent another yesterday the 2nd July.

Both letters were sent first class recorded but both are showing item is progressing through royal mails network when I check tracking. I'm concerned that without confirmation of delivery I am unable to prove they got there.

Should I call them on Monday to confirm receipt of the letter(s) or should I send another in the hope that it will arrive a day late?

I think that you have done all that is necessary.

nem

[FlamingParrot]

Re: Bryan Carter - Letter of Claim

Ok so I have now sent the same letter twice this week. The first one went on the 29th but because I didn't get confirmation of delivery I sent another yesterday the 2nd July.

Both letters were sent first class recorded but both are showing item is progressing through royal mails network when I check tracking. I'm concerned that without confirmation of delivery I am unable to prove they got there.

Should I call them on Monday to confirm receipt of the letter(s) or should I send another in the hope that it will arrive a day late?

There is no need to keep sending letters or to call to confirm receipt of your letter, letters very seldom get lost in the post and virtually never if they are sent recorded delivery. That means they will end up getting all your letters and they'll wonder why you are going out of your way so much, if you see what I mean. That may not be the best way to get them to accept your offer.

You've sent the letters, you've got your Royal Mail receipts. Ball's on their court now if they want easy money. :thumb: :thumb: :thumb:

[clearway]

Re: Bryan Carter - Letter of Claim

Thank you for such a quick reply, I probably shouldn't have sent the second but with their request to reply by the 6th I just wanted to know they got a letter.

Hopefully they will see it as more of a cooperation on my part but I will wait for their reply.

Thanks

[nemesis45]

Re: Bryan Carter - Letter of Claim

Thanks for that, I probably shouldn't have sent the second but with their request to reply by the 6th I just wanted to know they got a letter.

Hopefully they will see it as more of a cooperation on my part but I will wait for their reply.

Thanks

Don't worry you have it covered!!!

nem

[clearway]

Re: Bryan Carter - Letter of Claim

Well it seems they got my letter(s) and I have had a reply through the mail this morning. It's dated the 13th but seems odd that it took a week to get to me.

Now they are saying that the client has declined my offer do I have any options left or should I start to expect the worst? I know they want me to call but I would rather keep a paper trail if at all possible.

Any advice on how to reply to this would be gratefully appreciated.

[clearway]

Re: Bryan Carter - Letter of Claim

Anyone?

Is it worth replying by post or should I pick up the phone?

[nemesis45]

Re: Bryan Carter - Letter of Claim

Well it seems they got my letter(s) and I have had a reply through the mail this morning. It's dated the 13th but seems odd that it took a week to get to me.

Now they are saying that the client has declined my offer do I have any options left or should I start to expect the worst? I know they want me to call but I would rather keep a paper trail if at all possible.

Any advice on how to reply to this would be gratefully appreciated.

Hi,

I assume that you are unable to increase your offer at present? Do you want to enter into a payment arrangement?

Please don't do this on the phone, you could easily come "unstuck" taking to one of Lowell's alleged experts.
Make an offer which is both reasonable and sustainable over a long period, do not make payments via a debit card or direct debit you need to be fully in control so a Standing Order is best as only you can change the amount payable.

Lowell will likely try to resist an SO but it Your Choice of how you pay not theirs.

nem

[clearway]

Re: Bryan Carter - Letter of Claim

Hi, thanks for your reply.

I honestly don't know if I could increase but the impression i got from that letter is negotiations are now closed and i certainly couldn't raise the full amount. The last thing I want is a court letter and would prefer not to be paying x - amount a month for years to come.

I suppose I was hoping they would reply with a reduced offer so I could go and try to raise enough for an agreed settlement

[nemesis45]

Re: Bryan Carter - Letter of Claim

Hi, thanks for your reply.

I honestly don't know if I could increase but the impression i got from that letter is negotiations are now closed and i certainly couldn't raise the full amount. The last thing I want is a court letter and would prefer not to be paying x - amount a month for years to come.

I suppose I was hoping they would reply with a reduced offer so I could go and try to raise enough for an agreed settlement

As said earlier you can make an offer of affordable /sustainable monthly payments without resorting to a Consent Order it's worth a try IMO.
Can you get any way nearer to the £300+ that they say would be acceptable?

nem

[clearway]

Re: Bryan Carter - Letter of Claim

I'm going to try today and see what can be done. Is it ok to send another letter to them if I can get more? I wasn't sure if they just wanted the full amount now

Thanks

[clearway]

Re: Bryan Carter - Letter of Claim

I have managed to get a little extra from a helpful family member but it may take a little longer to get it so I have amended my reply to BC:

Dear Sirs


Ref:
Account No:

With reference to your recent correspondence.

I would appreciate it if you could ask your client to consider an offer of £300.00 to be taken as an ex-gratia payment in full and final settlement of the account. This offer is made as a gesture of goodwill and without admission of any liability.

As before these funds will only be available to me for a limited time. The offer is made on the understanding that, if accepted, neither you nor any other company will take any further action to pursue or enforce this debt in any way whatsoever and that I will be released from any liability with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied".

Payment can be made within 28 days of receiving your written agreement of this offer. Please write back and confirm if you're interested in my offer then I'll come back to you.

I look forward to your response.



Does that seem an acceptable reply or have I missed anything? If accepted I can then go to request the funds but it will not be instant so I have had to extend the payment timescale as well.

[nemesis45]

Re: Bryan Carter - Letter of Claim

I have managed to get a little extra from a helpful family member but it may take a little longer to get it so I have amended my reply.


Dear Sirs


Ref:
Account No:

With reference to your recent correspondence.

I would appreciate it if you could ask your client to consider an offer of £300.00 to be taken as an ex-gratia payment in full and final settlement of the account. This offer is made as a gesture of goodwill and without admission of any liability.

As before these funds will only be available to me for a limited time. The offer is made on the understanding that, if accepted, neither you nor any other company will take any further action to pursue or enforce this debt in any way whatsoever and that I will be released from any liability with no reference or future ability to quote or use Penny v Cole [Pinnel 1602] in trying to recoup any written off balance. I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied".
**** THE ICO says that the CRA entries must show an accurate picture of the conduct of an account so " Partially Satisfied" will be the marker applied*******
Payment can be made within 28 days of receiving your written agreement of this offer. Please write back and confirm if you're interested in my offer then I'll come back to you.

I look forward to your response.



Does that seem an acceptable reply or have I missed anything? If accepted I can then go to request the funds but it will not be instant so I have had to extend the payment timescale as well.

See amendment.

nem

[clearway]

Re: Bryan Carter - Letter of Claim

After what seems like forever I have finally received a letter from BC. What's confusing is that they have sent a copy of the first letter that I received (1st page of this thread), the only change being I now have until the 25th September to reply with a repayment plan or they will begin court proceedings against me.

I have had no reply regarding my last offer made in july/august so is it worth replying with that letter or is there a reason that they are sending the original letter me?

Thanks

[FlamingParrot]

Re: Bryan Carter - Letter of Claim

After what seems like forever I have finally received a letter from BC. What's confusing is that they have sent a copy of the first letter that I received (1st page of this thread), the only change being I now have until the 25th September to reply with a repayment plan or they will begin court proceedings against me.

As they are asking to reply with a repayment plan, I should think pointing out that you've already made a repayment offer which has, so far, been ignored, would be an appropriate response. Attach a copy of your offer letter.

I have had no reply regarding my last offer made in july/august so is it worth replying with that letter

Definitely, as above. :thumb:

or is there a reason that they are sending the original letter me?

A few explanations come to mind, sadly none of them are suitable for publication on an open forum. :censored:

[clearway]

Re: Bryan Carter - Letter of Claim

As they are asking to reply with a repayment plan, I should think pointing out that you've already made a repayment offer which has, so far, been ignored, would be an appropriate response. Attach a copy of your offer letter.

Definitely, as above. :thumb:

A few explanations come to mind, sadly none of them are suitable for publication on an open forum. :censored:

I have attached the letter received today. The only differences I can make out are the estimated total is slightly different to the original and the issue/respond dates have been changed.

The first offers of settlement had been made and declined but no response was received from the last offer letter sent (dated 22nd July).

I will resend a copy of the last offer letter sent to BC and see where that goes. Maybe i'll get a response this time.

Thank you.