lowell portfolio and bryan carter court claim

[scousers]

Hi there guys, iv been reading some realy interesting threads. Maybe should have took more notice before i started responding to courts and bryan carter. So here i go. Hope Someone can help?
Received court claim letter issue date 19/03/15. Sent a defence of sb. Turns out its an old loan debt from lloyds bank. Spoke to lloyds, last payment on loan was feb 2009. received court mediation small claims letter. Sent letter of saying id agree to mediation. Received letter from carter on tenth june stating the limitation period runs from the date the original creditor became entitled to demand payment???

[Amethyst]

Re: lowell portfolio and bryan carter court claim

Morning xx

Yes BC are correct as to when the limitation period starts - but to know when that is you would need a copy of the original agreement. So that could be a starting point for the formal CCA request.

Letter to BC stating that you disagree with their contention however in order to look into what they say further, and possibly apply to amend your defence accordingly, you will need to see the original terms of the agreement, and to that end you have sent a formal request under the Consumer Credit Act 1974 to their client and would also be grateful for copies of the Default Notice and Notice of Assignment as mentioned in their statement of case.

Letter to Lowell as per the CCA templates on here asking for the original agreement ( with £1 )



Could you type out the particulars of claim, with the amount they are claiming please, and post what you did enter as a defence. you MAY have to amend but that has associated costs. do you have evidence of your payments stopping in Feb 09 ( eg bank statements from then showing Febs payment then nothing in March and April )

[FlamingParrot]

Re: lowell portfolio and bryan carter court claim

Hi there guys, iv been reading some realy interesting threads. Maybe should have took more notice before i started responding to courts and bryan carter. So here i go. Hope Someone can help?
Received court claim letter issue date 19/03/15. Sent a defence of sb. Turns out its an old loan debt from lloyds bank. Spoke to lloyds, last payment on loan was feb 2009. received court mediation small claims letter. Sent letter of saying id agree to mediation. Received letter from carter on tenth june stating the limitation period runs from the date the original creditor became entitled to demand payment???

I'm afraid they may be right. The period doesn't run from date of last payment, the Limitation Act refers to the cause of action and the bank would have had no cause to take any action when you made your last payment, or for following month, they'd have no way of knowing that you wouldn't be making the next payment. The CoA would have to be AT LEAST one month after your last payment. Any idea when in February you made your last payment?

[nemesis45]

Re: lowell portfolio and bryan carter court claim

Did you at any time receive a " Formal and or Final Demand for repayment in full" this is when the clock started ticking.

nem

[scousers]

Re: lowell portfolio and bryan carter court claim

I sent a request and 1 pound postal order to carter in march, no response. So sent in sb defence. Contacted bank and have statement saying last payment was 2nd feb 2009. Received no letters or information regardin this loan since i moved house in 2009, Till march court letter 2015?? How do i respond to recent letter. They say i have till june 30th to respond??