Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

[MIKE770]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

last ditch from them look around threads you will see a pattern there, usually either proceed or mostly discontinue = begging letter! others will comment also!

ignore for now!

[FlamingParrot]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Ive not heard anything from the courts, Ive even checked on line a few times on the money claim service and nothing appears there, nor on my credit files. It seems to have taken a long time. Is this normal?

They have to reply to the court within 28 days of receiving your defence, otherwise the case will be stayed but you don't get notified when that's the case.

But yesterday (15 July 2015) I received a letter from Bryan Carter dated 13 July.

" Dear Me

We are writing to formally confirm our Client's intention to proceed with this matter.

We will send notification to the court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of mediation between the parties.

Please contact our helpful team on 0345 8396166 to discuss how we can come to an arrangement by consent.

We recommend you seek independent legal advice.

We look forward to hearing from you.

Yours sincerely

Bryan Carter Solicitors"

That seems to be Mr Carter's latest template letter he sends out to everyone who defends his claims.

Is this a stalling letter? A trick? Do they know something I don't know? Do they think they will loose in court so they are trying to get a deal beforehand?

Any ideas anyone?

He's probably not too confident to be able to back up his claim with documents, so he's trying a last ditch attempt at trying to get something for his efforts. I'd just wait to hear from the court. :ranger:

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello again

yesterday (27 July) I received a Notice of Proposed Allocation to the Small Claims Track (dated 22 July).

I am disappointed as both Lowells and Bryan Carter have ignored the requirement to issue proof of the debt.

The deadline for a reply is 10 August.

The wording is (probably standard)

"If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

TAKE NOTICE THAT

1. This is now a defended claim
(struck out: The defendant has filed a defence, a copy if which is enclosed)

2. It appears that this case is suitable for allocation to the small claims track.
If you believe that's track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Directions Questionnaire (Form N180) and explain why.

3. You must by 10 August 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office,
(County Court Business Centre Northampton)
and serve copies on all other parties."

End of Notice



I am not sure how to proceed and I only have 2 days before I leave the UK again. I work overseas.

Facts:
Lowell and Bryan Carter have ignored all requests for proof.

The amount claimed is roughly the same as the PPI and Bank charges levied by the original creditor, as per the OFT calculator. But not including the interest they charged on these PPI payments and charges.

I don't know what to do.

Any advice, anyone?

Thanks

Chris

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

As an aside, I noted that my credit file had been searched by "Interlaken Group" for the purposes of debt collecting.

So I searched all the registers and couldn't find any current CCA licence for Interlake Group.

Then a bit more research showed that Lowells had purchased them a couple of years ago.

http://www.credittoday.co.uk/article...ken-group-sold

Hmmm. A company without any kind of Credit Licence carry out credit searches?

[MIKE770]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Lowells purchased that group as per Credit to-day,

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

I have responded to the notice of proposed allocation by sending a completed N180 to both the court and to Lowells.

BUT, as I am rather peeved at Lowells for failing to respond to my s78 request I had a rather long and enlightening telephone conversation with a very helpful person at the Financial Conduct Authority who reiterated both Lowells legal obligations and the desire of the authority to hear about how a licence holder conducts themselves.

They advised me to issue a complaint letter to Lowells regarding their failure to neither acknowledge nor comply with my s78 request and also to start proceedings with the Ombudsman.

I was in a rather bullish mood so this is what I sent to Lowells:

Lowell Financial LimitedPO Box 164LEEDS
LS10 9EH

31 July 2015

Dear Sir/Madam


FORMAL COMPLAINT Re:− Your Reference XXXXX


It is with regret that I must instigate a formal complaint against Lowell Portfolio.


You have instructed a solicitor to issue proceedings against myself in the County Court Business Centre of Northampton Court. These proceedings are based on alleged debt with Capital One. I understand that the principal business of Capital One is that of issuing credit cards and I have no knowledge of any other business conducted by Capital One.


Further to the instigation of these proceedings, and on the basis of my understating of the principal business of Capital One, on 9 June 2015 I issued you with a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.


To date you have failed to discharge your obligations in this matter and are therefore delinquent in satisfying your obligations. These obligations also extended to providing me with a statement of account. A £1 postal order was enclosed with my request, which represented payment of the statutory fee payable under the Consumer Credit Act. I understand that both a copy of my credit agreement and statement of account should have been supplied within 12 working days from the date of original letter, namely by the end of business on 25 June 2015.


My original request was sent recorded delivery and was received and signed for by XXXXX on 11 June 2015 at 7:06am.


I have spoken, at length, with the Financial Conduct Authority who are the issuing authority of your Interim Permission Consumer Credit Licence and they have advised that they would expect all licence holders to discharge their obligations honourably with respect to the law, and, in a timely manner. They also advised me to raise a case with the Financial Ombudsman Service, as well as issuing a formal complaint to yourselves.


Continued…

…Continuation of a letter to Lowell Financial Ltd, 31 July 2105









It may be helpful if I reiterate the guidance given by the Financial Conduct Authority, namely that when a licence holder fails to discharge their obligations under the Consumer Credit Act 1974 that even if a valid agreement should exist then creditors either original or subsequent, through proper and notified assignment, are unable to an enforce such agreement. I further understand that the Financial Conduct Authority take into account any and all complaints made to the Financial Ombudsman Service when reviewing and reissuing credit licences for any purpose including that of debt collection.


My specific complaint is that you have failed to discharge your obligations under sections 77-79 of the Consumer Credit Act 1974. I now require you to:

1. acknowledge in writing receipt of this complaint;
2. respond fully to the complaint within the statutory time limits; and,
3. confirm that the £1 postal order enclosed with my letter of 9 June 2015 was accepted and banked as per the statutory fee laid out for such a request under the Consumer Credit Act and not taken as part payment of any account with yourselves.

Finally, I must explicitly state that neither this letter nor any response to the proceedings issued by your solicitor constitute in any way a recognition or acceptance of any debt or amount owing to either Capital One or any company within the Lowell group of companies.


I await your prompt reply.


Yours faithfully,












signed by me


CC: Financial Ombudsman Service

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Two updates:

Mediation have sent an email but I have had to say no to:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

So I guess it gets referred directly to court, but the response form that Carters have copied me into says they won't attend a hearing. They entered 0 into the how many people box.

I have also had a reply from Lowells re the complaint letter above. They say the case is actually with a company called Fredericksons so I should contact them direct. I have never heard of Fredericksons nor had any correspondence from them. And they are not listed on any of the court documents. This gets weird.

That's it for now.

[MIKE770]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Freds are lowells next desk, they do not know what they are about, since court claim is in situ then ignore as Carters are dealing

[FlamingParrot]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Two updates:

Mediation have sent an email but I have had to say no to:

"I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment"

That's fair enough, if you haven't received the documents mediation cannot go ahead and you would be lying if you'd said you'd receive enough info when they've sent none!

So I guess it gets referred directly to court, but the response form that Carters have copied me into says they won't attend a hearing. They entered 0 into the how many people box.

That can only work against them and may even end up discontinuing the claim if they can't comply with the courts directions to send you the paperwork at least 14 days before the hearing. ray: ray: ray:

I have also had a reply from Lowells re the complaint letter above. They say the case is actually with a company called Fredericksons so I should contact them direct. I have never heard of Fredericksons nor had any correspondence from them. And they are not listed on any of the court documents. This gets weird.

That's it for now.

Freds are just one more of them subsidiaries within the Great and Glorious Lowell Group: http://www.lowellgroup.co.uk/index.p...international/

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello Again

Its been a while, but I do work abroad for long periods!

Well, I have a court date, 30 October. And today I have received all the documents from Carters. everything. Stuff that neither they nor Lowells could provide when asked for, under the section 78 or CPR.

Any ideas on what to do?

The reconstituted agreement is the same one that Capital One originally sent me, i.e: the one they made up and signed (I never completed a credit agreement. I have the originals in my file.

And the amount claimed is roughly the same as the PPI and bank charges levied by capital one.

Shall I just settle now, in full (!), and try and reclaim some back?

Hmmm. Im feeling rather small, insignificant and worthless. This sort of stuff really gets to me.

Thanks

Chris

[PAWS]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

It is a stinker when you get these letters but the (mistakenly considered) small insignificant people often beat the big boys! :whoo:Just take a look at some old cases on here. It always makes me feel better.
Keep your chin up. :okay: [MENTION=37786]FlamingParrot[/MENTION] and the other clever beagles will take a look when they get a second.

[FlamingParrot]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello Again

Its been a while, but I do work abroad for long periods!

Well, I have a court date, 30 October. And today I have received all the documents from Carters. everything. Stuff that neither they nor Lowells could provide when asked for, under the section 78 or CPR.

Any ideas on what to do?

The reconstituted agreement is the same one that Capital One originally sent me, i.e: the one they made up and signed (I never completed a credit agreement. I have the originals in my file.

Hello Saintlyman

Could you explain what you mean by this? You say you never 'completed' a credit agreement and you've got your originals on file, how does the paperwork you have on file differ from what CapOne have provided as your purported agreement? Can you recall what happened when you took out the card?

There was a case on here where the OP was provided with a loan agreement that appeared to have all the terms on it, however, on close inspection, he found discrepancies between what the agreement stated and what he was actually charged on his statements, etc. He appeared in court and won! :whoo:

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello

Could you explain what you mean by this? You say you never 'completed' a credit agreement and you've got your originals on file, how does the paperwork you have on file differ from what CapOne have provided as your purported agreement? Can you recall what happened when you took out the card?

As I recall, I took the card out over the phone. paperwork was net through, but I never ever returned the credit agreement. I've still got it, unsigned.

i had to call to activate the card, I did, and I don't recall being asked about the agreement.

they have sent through a copy of the agreement, but it just isn't my signature, or even anything like it.

i haven't checked them word for word yet. I've just got back from working away and have a huge mountain of post I'm dealing with. Including this and something else I might have to start another thread on!

TTFN

Chris

- - - Updated - - -

Oh and I am now outside the send all the info and evidence at least 14 days before the hearing to the court and other party timeframe.

[FlamingParrot]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

I've located the case where the OP WON based on the discrepancies I mentioned above:

just got back from court. Thank you all so much for your assistance.

I only found the DN last night when i was digging through some old docs trying to find something to discredit their case however, I didn't bring up the DN in the end because my argument for the most part relied on the fact that a debt could not exist as i couldn't have signed the agreement that they had supplied as evidence (as suggested by judgemental24)

I went through the case with a fine tooth comb earlier hours of this morning and picked to pieces the witness statement they provided and also the documentation they provided.

I pointed out to the judge all of the contradictions in the witness statement (there were about 6 or 7) and also discredited their documentation that they were relying on. Mainly the DOA and dates that they say it was issued. There were 3 different dates within the documentation (which they tried to justify by saying the different dates related to equity & legal assignment)

I advised that i was questioning the authenticity of the documentation as they were supported by a witness who's statement couldn't be trusted (based on contradictions etc)

Asked for the original documents that must be produced as mentioned in CPR practice directions 16, paragraph 7.3 to which they mention 'Carey v hsbc' and the need only to provide a true copy which can be reconstituted. I made them aware that this is only sufficient for information purpose and not acceptable for proof purposes.

ultimately they couldn't prove that the documents were true copies given the contradictions in the witness statement and based on the fact that i advised that i needed the original to ascertain if the signature was really mine and not lifted from elsewhere.

The judge dismissed the case mentioning that the claimants claim put forward was poor in its entirety from start to finish and given the contradictions, the lack of evidence to show authenticity in the documents etc the balance of probabilities meant that she could not find in their favour

[saintlyman]

Re: Bryan Carter, Lowells Portfolio and Capital One. County Court Litigation issued.

Hello everyone

Summarising time now - Court Date - 30 October - THIS FRIDAY

£1104.80 claimed plus £37.72 interest, plus £70 claim fee, £80 fixed costs, £155 court fee.
Total claimed £1407.52 (I get it to a different amount)


Lowells/Carters provided a copy of the CCA, Statements showing the account was used, A Default Notice, A statement of default, letter of assignment. The witness statement acknowledges a typo on the initial claim re date of assignment
Served to me at the last possible moment before the end of the 14 days before court time limit

This is what I know

The CCA is fabricated - I never signed it, I have the original, and I have documents from around that time with my signature on. The one on the made up CCA is nothing like mine.

The witness statement refers to me (a male) as she (A female) on one occasion. I guess this would just be classed as a typo.

The addition on the amounts claimed in the witness statement don't add up - see above

The amount claimed - initial is £1104.80 is different to that on the last letter from carters before action, namely £1037.91. which is the same as the amount on the default statement from capital one.

out of the £1037.91 originally defaulted, £933.14 came from PPI - which I never asked for and shows as declined on the made up CCA they sent, and default/late charges.

I never sent any documents to the court as I didn't have any basis for comment, as carters/lowells never sent anything. This was referred to in the acknowledgement and initial defence

The court have told me to serve documents by 4pm on 28/10/15 or they will automatically enter judgement in favour of the claimant.

Can anyone offer any help or form of words here. Or should I just accept the debt? And look at a Tomlin(?) order?

I only have a few hours left to put together any kind of defence.

Thanks

Chris