Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for defense

[my_two_boys]

Hi, Ive got an oldish catalogue debt (amongst other debts) from when I split with my ex-husband and used catalogues to buy household essentials for me & my children. Due to ill-health, lack of money and life in general I have not been paying these debts and am looking at bankruptcy (mainly due to ex clearing off and house getting repossessed). None of the debts are statute barred yet.

Bryan Carter have now taken me to court for around £1700 (original amount plus charges & interest). This was on the 20th of March. I have completed the acknowledgement of service online and done a SAR request to Bryan Carter & Lowells. Whilst I am waiting to hear back about the SAR request what do I need to put as my defense on the court forms?

Thank you

[PAWS]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Just giving this a bump for you.

[Debt Camel]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

I have not been paying these debts and am looking at bankruptcy (mainly due to ex clearing off and house getting repossessed). None of the debts are statute barred yet.

To point out the obvious, why would you waste your time with SARs and defending CCJs if you intend to go bankrupt?

Are you still unsure about bankruptcy? If so it could be a better use of your mental energy to look further into that. Or are the bankruptcy fees a problem?

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Thanks for the replies -
I know I need to go bankrupt at some point but due to longterm health problems (physical & mental) I have been ignoring it & putting it off as I struggle to cope in general without having too much extra to deal with in top so it kept getting put to the bottom of the list of things I need to do. Ive been silly for doing that I know but it's the only way I can cope and still see to me & my kids on a daily basis. Hate being like this & since my physical health got really bad 2years ago I am on benefits for the first time in my life which means money is even more of a struggle especially as I have to pay for someone to come help with housework, gardening, shopping etc now.

This court form has served to give me a kick to get sorted though I feel I should deal with Lowell first either by seeing if its unenforceable, offering a token payment for now or possible a full and final settlement of £150 which seems pointless given the circumstances and that is the bankruptcy fees I have saved so far :s Dont know why I am bothering to try avoid a CCJ really, other than it then gives me some time/breathing space to sort out the bankruptcy side of things.

I need to find money for bankruptcy fees and manage to make phone calls/appointments etc to sort out the bankruptcy side (all of which are things I struggle to do). Seems I can help other, do forms, sort things etc for them but when it comes to me I just cant and I dont have anyone to help me with those things hence trying to do it myself and looking up things online.

If you could help me with what to put for this defense whilst waiting to hear about SAR request it would be much appreciated please then, as the kids are back at school on Tuesday I will get together all my paperwork and get my neighbour to kick me out the house to go see CAB to get the bankruptcy side of things moving.

Thank you

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Think Ive managed to attach photos of court paperwork & the reply letter from Bryan Carter about my SAR request,
Thanks

[Streetwise]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Thanks for the replies -
I know I need to go bankrupt at some point but due to longterm health problems (physical & mental) I have been ignoring it & putting it off as I struggle to cope in general without having too much extra to deal with in top so it kept getting put to the bottom of the list of things I need to do. Ive been silly for doing that I know but it's the only way I can cope and still see to me & my kids on a daily basis. Hate being like this & since my physical health got really bad 2years ago I am on benefits for the first time in my life which means money is even more of a struggle especially as I have to pay for someone to come help with housework, gardening, shopping etc now.

This court form has served to give me a kick to get sorted though I feel I should deal with Lowell first either by seeing if its unenforceable, offering a token payment for now or possible a full and final settlement of £150 which seems pointless given the circumstances and that is the bankruptcy fees I have saved so far :s Dont know why I am bothering to try avoid a CCJ really, other than it then gives me some time/breathing space to sort out the bankruptcy side of things.

I need to find money for bankruptcy fees and manage to make phone calls/appointments etc to sort out the bankruptcy side (all of which are things I struggle to do). Seems I can help other, do forms, sort things etc for them but when it comes to me I just cant and I dont have anyone to help me with those things hence trying to do it myself and looking up things online.

If you could help me with what to put for this defense whilst waiting to hear about SAR request it would be much appreciated please then, as the kids are back at school on Tuesday I will get together all my paperwork and get my neighbour to kick me out the house to go see CAB to get the bankruptcy side of things moving.

Thank you

You need to send a CCA request to Lowell's along with the 1 pound fee for it,postal order ,marked for CCA request only,can you post up the particulars of the claim minus your personal details,and lets see if the Forum can help.

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Had replied but cant have hit send :s

Our posts seem to have crossed - I put up photos of the claim & Bryan Carters response to CCA request about the same time you asked me to.
I did the request to Lowell's with the postal order and also sent a copy of the letter to Bryan Carter.

[Debt Camel]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

I need to find money for bankruptcy fees and manage to make phone calls/appointments etc to sort out the bankruptcy side (all of which are things I struggle to do). Seems I can help other, do forms, sort things etc for them but when it comes to me I just cant and I dont have anyone to help me with those things hence trying to do it myself and looking up things online.

You haven't said enough about your situation for it to be clear if bankruptcy is a good option for you, but it quite commonly is for anyone with a large debt from a repossession. National Debtline would be good people to discuss this with if you can make that first phone call - they are confidential and non-judgmental. They are also pretty good at giving advice on CCJs!

Don't think of wasting that £150 saved for bankruptcy fees on offering a full & final! If your only income is benefits, then you won't have to pay the court fees so you "only" need £525 and £150 is a good start. Being on benefits is also a good time to go bankrupt as it means you won't have to pay an IPA (monthly payments to the Official Receiver).

Have you tried to reclaim any PPI on your debts? This can be a very useful way of raising the fees. Other ideas here: http://debtcamel.co.uk/help-with-bankruptcy-fees/. Perhaps cancel the gardener for a few months? Sorting out your debts once and for all is more important than a neat garden!

The bankruptcy forms probably aren't as bad as you think. This site has sample 6.27 and 6.28 forms completed.: https://nedcab.cabmoney.org.uk/bankruptcy627.asp. MoneySavingExpert has a great forum for bankruptcy support http://forums.moneysavingexpert.com/...play.php?f=136

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Thanks again DebtCamel - total debt is around the £70,000 mark. £55,000 shortfall & secured loan from repossessed house and the rest is catalogues & a credit card that I was paying and then used to set up/buy things for this house (housing association property) as me and my kids had pretty much nothing when we moved here. My ex was supposed to stay in the mortgaged house, consolidate the mortgage, secured loan & business loan (my name wasnt on it due to admin error- yay!) into his name only & lower monthly payment. Unfortunately he couldnt do this and instead of trying to sell or rent the house he stopped paying the mortgage which I found out about once the house had been repossessed.

Have looked at PPI reclaiming before me & ex split but there wasnt anything that could be claimed as we hadnt taken it out except on a very old loan that had already repayed us the ppi.. Cancelling the gardener (just mows the lawn as I got rid of most plants 2yrs ago) & household help isnt an option as I physically cannot do these tasks myself and though my kids (& 10yrs) would help they cannot do so all the time. 3 years ago I went self-employed, built up a little business that suited me & my kids, worked well and I had hope of paying most of my debts, getting sorted etc. Ive been ill for years but never bad enough to stop me working, spending time with my kids but about 2yrs ago I ended up really ill, had someone caring for me for a while and Ive never been up to doing much since. Loss of money and the things that I used to be able to do doesnt bother me so much as the not being able to go for days out with my kids, go to the park with them and so on


Will have a look at links later as boys due home from their dad's soon - after 6yrs separated I am lucky that we now seem to get on quite well as I rely on him to help me with the boys when Im really struggling and at the moment I am using his car as cant afford repairs on mine right now and unfortunately a car is essential for me.

[seduraed]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Some of t he utility companies have trust funds to assist in bankruptcy.
are you registered disabled and receipt of DLA or pip? If so you may be able to et a car on motabiltity.

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Hi & thanks for your previous help.
I havent posted for the last two months as have been playing letter 'tennis' with Bryan Carter after reading through other threads on here for what I needed to do but now I need some help again please.

After speaking with my ex-husband and checking my credit records again most of the debts are no longer showing including the mortgage shortfall (which my ex is paying and hopes to clear in the next 2yrs), because of this Im now not sure if it is worth going bankrupt after all...

Heres the quick outline of where Ive got to -
CPR hasnt been produced but claim was allocated to small claims track so thats irrelevant now.
I filled in and submitted my directions questionnaire last week agreeing to mediation.

I had previously informed Lowells of my health problems and that I am on benefits, in response to a letter two weeks ago sent them basic proof of this (all refs, NI numbers etc removed) though confirmed that I still did not recognise this debt as being mine. I declined their offer to complete the I&E form saying that I am not disclosing my financial information until I have proof the debt is mine and that I will provide the relevant info to the court if instructed to). They received my letter on the 8th of June.


Today I received a letter in the post with my CCA and what appears to be an account summary of my shopdirect account. In the letter Bryan Carter say that they/Lowells are willing to settle this matter out of court with a Tomlin order and if I can confirm that I would agreeable to this (no date by which I need to reply). So it looks like I will need to pay this whether by Tomlin order, CCJ, or f&f settlement (can only do £200 on a £1700 debt though...). I know I can settle up to the day of court if need be but if I have no other choice it would be better to have it done sooner so less to worry about & deal with. Am wondering why they are suggesting a Tomlin order now rather than take it through to a court hearing??


Got a couple of queries about the CCA and account summary as seems to be some discrepancies (I know some may just be errors when info has been passed on)-
According to my credit report and the account summary the account was opened on the 16/09/2008 and Defaulted on 06/07/2010
Default amount on summary is £1618, on credit record its £1496
No payments made since the 08/03/10 according to summary & my records but on my credit report the balance reduced by £150 ish over 2011

I have a couple of old statements on which charges have been applied to the total of £192 - in the CCA it mentions charges may be incurred but doesnt say how much they would be.

It is a reconstituted CCA (says so on bottom of printout) -
It has my account number, page number (1 of 2) and then the date of 04/12/2007 at the bottom of the printout so 9mths before I opened the account though this may be the date that the terms I 'agreed to' were last changed/updated.
Mentions possible charges but no amounts specified.
0% interest rate which is correct but been charged interest according to court claim (this may be Lowells claiming interest if they are allowed to?)
It has not been signed by me
The address on it is my current address that I moved to 6yrs ago. The account was taken out at my previous address about 8months before I moved.


I dont know if any of these things make a difference or can be 'argued' ?

Sorry for a long post!

Thanks

[Kati]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

[MENTION=55034]nemesis45[/MENTION] [MENTION=48934]Debt Camel[/MENTION] ... any advice here please xx

[nemesis45]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Hi this may help you to decide if the recon agreement is valid.

1. It must have your name and address as it was when the account was opened.
2. The Creditors name and address........................................... ..............................................
3. ALL the terms and conditions applicable at the time the account was opened.
4. All the T's & C's applicable when the account was closed.
5. Any Material amendment made during the life of the agreement. ( often the various notifications of credit limit changes are omitted but should included in the amendment.
6. Any other documents mentioned in the T's & C's.

nem

[nemesis45]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

@nemesis45 @Debt Camel ... any advice here please xx

Done:tinysmile_twink_t2:

[my_two_boys]

Re: Bryan Carter/Lowell - Court Claim Issued, SAR Letter sent now what to put for def

Thanks for the quick reply.

1. My name is correct but the address is not the one from when the account was opened.
2. The Creditors details are correct
3. It looks like they would have been the full t&c's from when the account was opened unless they changed them between 12/2007 (date on printout) and 09/2008 (when account opened). There is no date on the actual CCA itself.
4. I dont know if they are the applicable ones from when the account was closed/defaulted as they may have changed them over the 2years the account was operational.
5. No mention of other material changes - says that the credit limit will periodically be fixed and they will notify me of it.
6. No other documents are mentioned.


Not sure how much of a case Id have or if it would get me anywhere if I argued about the incorrect address?

Thanks