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

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION] and [MENTION=49370]Kati[/MENTION],

I have received a reply from bryan carter.

It is basically a shorter version of the first reply. It just reiterates that itll "most properly be allocated to the small claims track.." the also repeats that they confirm their client is not agreeable to an extension for filing defence. And a bit about when the claim was filed and that i should seek legal advice..

Completely ignored my last letter

Do you have any suggestions what i might do please? Why are they ignoring my request do you think, do they not have any documents? And if they dont what will that mean for my defense?

Thank you x

[FlamingParrot]

Re: please help, urgent re lowell and ccj

I have received a reply from bryan carter.

It is basically a shorter version of the first reply. It just reiterates that itll "most properly be allocated to the small claims track.." the also repeats that they confirm their client is not agreeable to an extension for filing defence. And a bit about when the claim was filed and that i should seek legal advice..

Completely ignored my last letter

Do you have any suggestions what i might do please? Why are they ignoring my request do you think, do they not have any documents? And if they dont what will that mean for my defense?

Thank you x

Mr Carter is just being himself, that's what he ALWAYS does, always refuses to agree to an extension and argues the claim will be allocated to small claims, it's just one more copy of a template that has been printed 1000s of times.

Neither him nor his clients ever have any documents when they issue claims, they are issued speculatively hoping to obtain default judgment or an admission.

You will have to do what most others who are being sued by that duo have done and file a defence based around not having received any documents. I assume you didn't receive a response to your CCA request either. You will find generic example defences here: http://www.legalbeagles.info/forums/...t-Court-Claims

That should give you an idea, but you'll need to adapt it.

When was this credit card from? I think I read somewhere you took it out in 2008, is that correct?

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi flamingparrot,

Thank you for replying. Im not sure what a cca is? Sorry. I have sent a request for cpr31.14 to no avail. Will they be likely to win do you think if my defence its just based around them not providing documents? Im not very good at all these letters and things and am often feeling unwell so i do think theyll have an easy time winning against me unfortunately.

It wasnt a credit card, it was from a joint account i had from i think 2008, well thats what date my credit file says. I think the amount is from bank charges.

Thanks for your help. X

[FlamingParrot]

Re: please help, urgent re lowell and ccj

Hi flamingparrot,

Thank you for replying. Im not sure what a cca is?

It's a request for a copy of your credit agreement, step 2 of the basic steps to take upon receipt of a claim:

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

Sorry. I have sent a request for cpr31.14 to no avail.

That is just part of the process. Mr Carter never provides documents but you still have to request them.

Will they be likely to win do you think if my defence its just based around them not providing documents?

That in itself is just a 'holding' defence. However, reading back, I see you wrote a letter saying this debt was statute barred. That would be the case if there had been no payments made or any written acknowledgment of the debt in at least years. If that's the case, then it's an absolute defence. :thumb:

Im not very good at all these letters and things and am often feeling unwell so i do think theyll have an easy time winning against me unfortunately.

Not if it's statute barred! :grin:

It wasnt a credit card, it was from a joint account i had from i think 2008, well thats what date my credit file says. I think the amount is from bank charges.

Thanks for your help. X

Ah, I see, that would explain why you wouldn't have sent a CCA request, because it wouldn't apply if this was for a current account overdraft.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=37786]FlamingParrot[/MENTION]

Thank you for replying. Ok, thank you for clarifying.

I really dont know if its statute barred. I dont think ive made payments, but the other person could have. I dont have any contact with them so dont know if they've been in touch with them or paid anything. They could have. Im sure i havent paid to any debt collectors or written anything. Is there a way of finding this out for sure if its statute barred?

I did send a letter recently as you saw a copy in this thread that basically admits its my debt. Is that classed as acknowledging it within the last 6 years?

Thanks a lot

[FlamingParrot]

Re: please help, urgent re lowell and ccj

Hi @FlamingParrot

Thank you for replying. Ok, thank you for clarifying.

I really dont know if its statute barred. I dont think ive made payments, but the other person could have. I dont have any contact with them so dont know if they've been in touch with them or paid anything. They could have. Im sure i havent paid to any debt collectors or written anything. Is there a way of finding this out for sure if its statute barred?

Some people have been successful in finding out the last payment dates by phoning the bank, otherwise you could send a SAR to the bank you had the account with. They have 40 days to respond so you wouldn't get it back in time for your defence, however, once you file a defence, they have 28 days to respond to the court and say if they wish to proceed, then the court will send both sides directions questionnaires which have to be filled in and returned by a certain date before the court gives directions, so you're looking at over two months and you would hopefully have received the SAR.

If you submit a SBd defence, the onus would be on them to show that it is not, otherwise you can submit the generic 'no documents' defence and try to find out when the last payments were made and take it from there.

I did send a letter recently as you saw a copy in this thread that basically admits its my debt. Is that classed as acknowledging it within the last 6 years?

Thanks a lot

The clock will have stopped at the time the claim was issued, the six years would run until that point. Anything you sent after that wouldn't make any difference.

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi @nemesis45 and @Kati,

I have received a reply from bryan carter.

It is basically a shorter version of the first reply. It just reiterates that itll "most properly be allocated to the small claims track.." the also repeats that they confirm their client is not agreeable to an extension for filing defence. And a bit about when the claim was filed and that i should seek legal advice..

Completely ignored my last letter

Do you have any suggestions what i might do please? Why are they ignoring my request do you think, do they not have any documents? And if they dont what will that mean for my defense?

Thank you x

I suspect you case is with a trainee legal exec or other junior staff member, and this person has most probably not even seen your letter, and the one you have now received is just a follow up template.

Carter/Lowell will have to disclose the documents on which they intend to rely before/if this goes to a hearing, my feeling is and has been for some time that the " properly allocated" statement means that Lowell/Carter on have the barest minimum of data supplied when they acquired the debt.

Have you gone any further in regard the possibility that this statute barred? A quick call to the bank may reveal
this information. What you need to know is when the bank first issued a Formal Demand For Payment in full and / or a Final Demand for Payment.

nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION],

Thank you for your reply. I havent gone any further simply because i didnt know what to do. I looked at my credit reports but it didnt say statue barred and it looked on the graph type thing that payments had been made. But i wasnt sure if thats what it meant. I will ring hbos tomorrow and see if i can get anywhere. Do i just quote the number given on the claim form? Is a final demand the last time they ask for money before they send it to debt collectors?

What do i have to do with regards to the defence now, do i wait until carter/lowell send a reply to me? I havent had one from lowell but i know its been signed for. Sorry if these questions are obvious.

Thanks again.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=37786]FlamingParrot[/MENTION],

Thank you for all the helpful links and information. What is a sar and is there templates for this on this forum do you know please?

As i mentioned a minute ago to nemesis im going to ring the bank tomorrow but if i get nowhere how can lowell/carter prove its not statute barred? If it had just been my account itd be easier to know when payments were last made, but i dont know when the other account holder spoke to them/paid anything.

Thanks for answering my questions.

[FlamingParrot]

Re: please help, urgent re lowell and ccj

Thank you for your reply. I havent gone any further simply because i didnt know what to do. I looked at my credit reports but it didnt say statue barred and it looked on the graph type thing that payments had been made. But i wasnt sure if thats what it meant.

That wouldn't be on your credit report, a debt simply becomes SBd after six years without payment or written acknowledgment, there is no record of them.

I will ring hbos tomorrow and see if i can get anywhere. Do i just quote the number given on the claim form?

The account number not the claim number.

Is a final demand the last time they ask for money before they send it to debt collectors?

Normally it would be a letter headed as such: FINAL DEMAND or something along those lines. It is when the bank decides to demand full payment of the overdrawn balance. They may attempt to collect themselves or pass it on to internal or external collectors.

What do i have to do with regards to the defence now, do i wait until carter/lowell send a reply to me? I havent had one from lowell but i know its been signed for. Sorry if these questions are obvious.

Keep an eye on the calendar, regardless what they send you (or not), your defence has to be submitted before the deadline or they can request judgment. :scared:

Hi @FlamingParrot,

Thank you for all the helpful links and information. What is a sar and is there templates for this on this forum do you know please?

A SAR is a Subject Access Request, i.e. a request under the Data Protection Act for all data held about you by an organisation. When sent to a bank, it should provide you with all historical data such as statements of account. There is a fee of £10 to be paid and they have 40 days to respond. That means you won't get it before your defence is due but once you file it, there will be some time before it goes to trial (if it gets to that point). I posted one here the other day: http://www.legalbeagles.info/forums/...811#post552811

As i mentioned a minute ago to nemesis im going to ring the bank tomorrow but if i get nowhere how can lowell/carter prove its not statute barred?

That is indeed a very good question, and the onus would be on THEM to PROVE it is not.

[nemesis45]

Re: please help, urgent re lowell and ccj

Hi @nemesis45,

Thank you for your reply. I havent gone any further simply because i didnt know what to do. I looked at my credit reports but it didnt say statue barred and it looked on the graph type thing that payments had been made. But i wasnt sure if thats what it meant. I will ring hbos tomorrow and see if i can get anywhere. Do i just quote the number given on the claim form? Is a final demand the last time they ask for money before they send it to debt collectors?

What do i have to do with regards to the defence now, do i wait until carter/lowell send a reply to me? I havent had one from lowell but i know its been signed for. Sorry if these questions are obvious.

Thanks again.

Good morning,

Credit files do not show the status of accounts in relation to the Limitations Act 1980.
Good idea to check with HBOS!
nem

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION],

i have recieved two letters today from James Crabtree from Lowell customer services. I am unsure what this means, and as they say they are passing it over to another team does that mean they will stop the ccj? I also do not know why they are on about with regards to Fredericton, I inly knew about Bryan Carter.

I really appreciate the the help because I'm finding this pretty taxing. I don't know how they expect people to cope with these things, it's all so complicated. But I guess it's a bit of a better response than Bryan Carter gave.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi all,

Dont want to keep posting but wondering anyone can help please? Im worried about the time frame for the claim. Is it date of issue plus 5 plus 28? And do i have to wait till they provide the documents i requested or can they do a judgement any time? I really dont know what to do next. Especially after receiving the two letters above. Thank you.

[Amethyst]

Re: please help, urgent re lowell and ccj

Fredrickson are basically another desk in the Lowell office. If the case has been moved from BC to Freds it is usually a good sign.

If you have informed them of your health issues then it is a good idea to send documentary evidence of this to Lowell as requested as quite often this will result in a discontinuance. When you do reiterate that the account is barred by statute and you will be submitting your defence before the due date ( yes date of issue plus 5 plus 28 ) xx

you need to put your defence in regardless of whether they supply the documents or not.

[Maxandme]

Re: please help, urgent re lowell and ccj

Hi [MENTION=6]Amethyst[/MENTION],

Thank you for your useful reply. I have just checked the dates and i think ive severely messed up. My defence is way overdue. Am i too late to submit it? I havent even done it yet. I thougjt i had more time than i did. The claim issue date is 15/05/15. I think ive messed it all up