***DISCONTINUED*** urgent re lowell and ccj

[Maxandme]

Re: please help, urgent re lowell and ccj

Ok,
Acknowledge Service of the Claim ( you can do this online @ money claim on line, make a careful note of password etc.
State your intention to defend the claim.

As the account was a current account you need to send a CPR31.14 to the Lowell's solicitor ( is this Bryan Carter LLP ?) this is to request all the documents mentioned in the particulars of claim (POC). no fee is payable.


This is all to get some idea what evidence Lowell has to prove its claim.

Do you have any idea when any payment was last made to this account?
It would be a good idea to trace the address of the other party.

There is a possibility that Lowell could be persuaded to drop the claim and it's certainly worth a try.

My suggestion would be:

FAO Mr Andrew Bartle
Chief Operating Officer
The Lowell Group
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

Date:

Ref: County Court Claim No. .................................:

Dear Mr Bartle,

I have received the documents in relation to the above mentioned Count Court Claim issued on ............................:
I am a "vulnerable" person unable to work and awaiting hospital admission for surgery. I also have a child aged ........... :

The claim is unlikely to achieve the result Lowell expect to achieve as my income is made up solely of benefits and I have little or no "disposable" income and do not expect this situation to change.
I believe that this alleged debt arises from a joint account and I have no contact with the other party to the account.

I would respectfully suggest that due to my situation and the distinct probability that I will never be able to satisfy the amount claimed
that Lowell takes a commercial view of the alleged debt and closes the file on this matter.
use signed for post if possible if not get free proof of posting.

I would expect Lowell to ask for " evidence" of your condition an financial status, a letter from your GP and/or an income & expenditure statement, and in your case I would recommend doing this.

nem

Hi nemesis,

i am in tears reading all these replies I don't know how to thank you all for your help. I was up all night with terrible anxiety. I feel I have somewhere to start now. I can provide evidence to my health conditions, backdated as I have lots of consultant letters etc and my dr would write a current one if I asked. It is worth a try. Do I send them the template you wrote out would that be ok to use that please? And is that asking them to not continue with the claim?

Re the other person on the account. I could try and make contact through their business however I am not sure how this will turn out. We parted on bad terms. What do I ask them, is it something along the lines of if they know anything about this or have made payments?

where do I get the cpr31.14 claim to fill in please to send to them? Yes it is Bryan Carter solicitors. I have a picture I posted of the form. As far as I can remember I have not made any payments to this account aside from when it first happened in around 2008. The amount I think came from charges put onto of an unwarranted small amount from the overdraft and they kept adding charges on it and it got out of hand. I don't know if the other person has though.

Thanks

[Maxandme]

Re: please help, urgent re lowell and ccj

Did you receive a default notice?
This being a current account a " Demand for Payment and a Final Demand would have been sent, nothing like
this at the old address?

nem

I never have had any contact from them. there could have been at the old address that I didn't know about but I just recently managed to get the a small amount of junk mail from there and this ccj form.

[Maxandme]

Re: please help, urgent re lowell and ccj

:tinysmile_grin_t: Phew x

- - - Updated - - -

perfect xx

Phew x

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi,

template for CPR31.14 in the forum library.
Do you know what the default date on the account is??

As you say last payment you are aware of is some time in 2008, this may well be statute barred, if the other party did not use the account after you parted.
I would have expected the claim to be in two names, joint account liability is jointly and severally so if one party fails in their obligation the other becomes responsible for the whole debt.

Get the initial court stuff acknowledgment done asap.

I suggest that we open a challenge on the status of the debt in regard to the Limitations Act.

I'll add a bit more to the drafted letter for this, I suggest you post the letter asap. We may be able to rid you of Lowell quite quickly.

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi nemesis,

I thought it would be in both our names too unless they somehow removed themselves from it is that possible? I think some point after 2008 or when it got sent to debt collector i dont think the account was used as it was closed due to the debt i think. But i dont know if the other person made payments or somehow removed themselves from it.

If they had made contact to the debt collector or made a payment to them could it still be statute barred?

Thanks for the help ill try get those things done asap.

All the info i know if what ive seen on doddle regarding the default. Ive taken a picture. Hope thats enough info.

[Maxandme]

Re: please help, urgent re lowell and ccj

Picture from doddle

ialso signed up to equifax, that gives a bit more info. I just signed up. It's showing on time payments for hbos account from July 2008 -july2011 And 1 payment late in aug, 2 in sep, 3 in October, 4 in November, and 5 late payments in dec 2011. Shows up to date payment in January 2012, till it shows a big red d for default in February 2012, then nothing more until June 2014 where it says settled.

Then in it has a separate entry for Lowell on feb 2012 with a red d for default and nothing more. Is this helpful? Would you like pictures of it?

Thanks.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi nemesis45,

thanks so so much for the info re the claim. I have acknowledged service and ticked intending to defend all of claim. However do I also put I contest duristiction?

[Kati]

Re: please help, urgent re lowell and ccj

Hi nemesis45,

thanks so so much for the info re the claim. I have acknowledged service and ticked intending to defend all of claim. However do I also put I contest duristiction?

Nope ... the court closest to you is usually chosen for the case anyway (if it gets that far)

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi Kati,

thanks a a lot for clarifying that. This is such a worrying thing to go through. Bryan Carter are hounding me by phone. Should I ring them and explain anything do you think? Or just do it in writing as nemesis45 said writing to Lowell not Bryan Carter. This is all so complicated. Really appreciate the help

thanks

[Kati]

Re: please help, urgent re lowell and ccj

Hi M&M
I'm sure [MENTION=55034]nemesis45[/MENTION] will be able to put your mind at rest xx

[nemesis45]

Re: please help, urgent re lowell and ccj

[QUOTE=Kati;546245]Hi M&M

I'll certainly try!

nem

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi Kati,

thanks a a lot for clarifying that. This is such a worrying thing to go through. Bryan Carter are hounding me by phone. Should I ring them and explain anything do you think? Or just do it in writing as nemesis45 said writing to Lowell not Bryan Carter. This is all so complicated. Really appreciate the help

thanks

Hi,

How many a calls a day are you receiving, more than 2 a day?

If so send the following letter by signed for post as it seems Carter is not acknowledging e-mails.

For the Personal Attention of :
Bryan Carter Principal
Bryan Carter LLP
Address

Date:.........................

Ref: County Court Claim No.........................:
Formal Complaint: Conduct of Bryan Carter LLP
Amounting to Harassment.

Dear Mr Carter,

In reference to the above mentioned claim and the conduct of your law firm I am receiving
an inordinate number of telephone calls on a daily basis, the level of these calls now amounts
to harassment and must cease with immediate effect.

I remind you of the Appeal Court Judgement in Roberts - v - BOS in which their Lordships clearly
defined the number of telephone call in a situation relating to debt collection,.

Bryan Carter LLP has clearly offended in regard to this judgement.

Should I receive any further calls after Tuesday 26th. May 2015 I Will make
report to both the SRA and the FCA without further notice.
This letter is sent by signed for post and delivery date will be checked.

Your etc.

get that off asap so it's on his desk Tuesday am.

nem

PS don't let Carter/Lowell stress you Carter is just puppet of his masters
at Lowell, he is well know for discontinuing claims at the first signs of
a challenging defence so enjoy the B Hol. weekend and forget Carter.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi nemesis,

thank you, I've got to get these letters written tonight and printed off and sent tomorrow. I don't own a printer or computer only an iPad so will need to go to local library and do them all in one go somehow. I can't do them today as just off to hospital for some tests and will be there rest of today.

Ill do do my best to get it all done by tomorrow. Today already 3/4 times leaving automated messages saying please call Bryan Carter!! I could well be missing more that they have tried as I've been diverting all 020 and private numbers.

I know nothing about this firm but it seems they are hounding me as I think they might be trying to scare me with this ccj and hoping to get contact before it goes to ccj, maybe to make me pay it before it goes to court. They seem nasty and tricky I wouldn't be surprised if that's what they are doing.

I'm trying not to be stressed but I am suffering with some anxiety that is worsened by these calls. So will really try to put it at back mind, thank you.

Hoping they listen. Really, thank you for all this x

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi nemesis45,

i have been really ill these last few days so have been unable to post the letters you kindly drafted. i am just doing them now on a laptop i borrowed but i dont know how to get them printed. is there any way i could email bryan carter for the request for info and to send the letters you drafted? i would then try as soon as i can follow them up with paper copies in the post. i am just worried about time scale, i got issued the court papers on 15th may. i have got hospital tomorro so realistically wont get sent off until wednesday at earliest via post. im strugglithey go ang to manage everything currently. woudl a phone call to them help do you think? and in the first letter should i mention that the person i have no contact with is in full time employment, so as to hopefully highlight why its so odd they are just chasing me.

thanks in advance

[Kati]

Re: please help, urgent re lowell and ccj

I'm sure [MENTION=55034]nemesis45[/MENTION] will be along soon to advise xx