CCJ Claim BRYAN CARTER

**nemesis45** · 19th June 2015, 18:42:PM

Re: CCJ Claim BRYAN CARTER

Hi Welcome to LB.

Some points:

Lowell did not register the default (s) this is done by the original creditor when the agreement is broken.
Lowell can only update the file entries with its details.
Lowell cannot change default dates.

I suspect that the accounts not showing on credit files is a result of the normal practice of removing
defaulted accounts from credit files on the 6th anniversary of the default date paid or not. This does
not mean the debt does not exist.

If Lowell has not complied with CCA requests within the 12 + 2 Working Days the debt is rendered unenforceable.

It seems strange to me that Lowell cannot identify the account it has raised a claim on.
The Shop Direct reference number could be from any one of the companies in that group,
did you have a catalogue account?

nem
until the agreement is found.

Without seeing the Particulars of claim on the N1 claim form
and having some history

- - - Updated - - -

Hi Welcome  to LB. Some points: Lowell did not register the default (s) this is done by the original creditor when the agreement is broken. Lowell can only update the file entries with its details. Lowell cannot change default dates. I suspect that the accounts not showing on credit files is a result of the normal practice of removing defaulted accounts from credit files on the 6th anniversary of the default date paid or not. This does not mean the debt does not exist. If Lowell has not complied with CCA requests within the 12 + 2 Working Days the debt is rendered unenforceable. It seems strange to me that Lowell cannot identify the account it has raised a claim on. The Shop Direct reference number could be from any one of the companies in that group, did you have a catalogue account? nem until the agreement is found. Without seeing the Particulars of  claim on the N1 claim form and having some history

**michelletester** · 19th June 2015, 19:57:PM

Re: CCJ Claim BRYAN CARTER

Hi thanks for your reply.

The form states :

Particulars of Claim -

This claim is for 355.66 , the debt was assigned to / purchased by lowell portfolio ltd, on **/03/2011.

Particulars RE - Shop Direct A/C 15086***.

and then 8% interest claimed per annum £28

and then in another book says claimant Lowell Portfolio ref : 16905***.

I have phoned Lowell and they gave me all the reference numbers of accounts and they cannot find the one above. I have 0 documentation about the account.

Shall I phone Bryan Carter and ask for the correct information that will highlight there possible mistake, or should I defend the claim saying I know nothing about it and then if they provide the correct information then ask for the paperwork?

Thanks

**FlamingParrot** · 19th June 2015, 20:57:PM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

Good Afternoon,

Firstly thanks for all the information on the forums have been reading and using the information. I sent a letter to Lowell weeks ago asking for default notices and credit agreements on nine accounts.

On most of the accounts they have not provided a credit agreement saying that they will soon (2 months ago). And on all the accounts they said that they do not need to provide a default notice because they didn't default it the original company did and go to them. Although credit agencies show Lowell as the company that placed the default.

It is true that Lowell as a debt purchaser wouldn't have issued the default notice, they have to be issued by the original lender to give you a chance to remedy the breach before they can take further action, such as selling on the debt to the likes of Lowell. The CRA records are meant to be kept up to date to reflect the current owner of the account, not who originally recorded the default. The important thing is to ensure that the default date is correct, Lowell often like to 'update' it to when they bought the account, this is incorrect.

Originally posted by michelletester View Post

Now about a week ago I have just got a Claim form from NORTHAMPTON County Court. This is where it gets interesting, the claim has two references numbers :

1. A reference number for the original company shop direct.

2. What appears to be the Lowell reference number.

It's not unusual for debt purchasers to assign their own account numbers.

Originally posted by michelletester View Post

I cannot find either reference number on my credit report or on any paperwork Lowell has sent to me, the account does not exists or its the wrong number. I cannot defend this claim because i do not know what its for and have no information about it.

If the account was defaulted over six years ago, then it wouldn't show up on there.

Originally posted by michelletester View Post

So, should I submit a defense saying never heard of this debt and reference number, have phoned Lowell and they don't know what it is either.

Or should I contact Bryan Carter LLP and get them to give me the correct reference number and then request all the paperwork to submit a defense if any is missing.

Did you have an account with Shop Direct at all?

**michelletester** · 19th June 2015, 22:41:PM

Re: CCJ Claim BRYAN CARTER

Originally posted by FlamingParrot View Post

It's not unusual for debt purchasers to assign their own account numbers.

Yes, I think that's why it has two reference numbers I cannot find any information on either on my credit reports. And Lowell cant find either.

Originally posted by FlamingParrot View Post

If the account was defaulted over six years ago, then it wouldn't show up on there.

It's possible how do I find the information then, lowell say it doesn't exist and its not on my credit report. Now I am going to get a CCJ for six years great.

Originally posted by FlamingParrot View Post

Did you have an account with Shop Direct at all?.

Yes, more than one. None of the reference numbest match though.

**michelletester** · 19th June 2015, 22:48:PM

Re: CCJ Claim BRYAN CARTER

Originally posted by nemesis45 View Post

nem
until the agreement is found.

;

sorry what does nem stand for?

**nemesis45** · 20th June 2015, 07:07:AM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

sorry what does nem stand for?

Looks like there was a tech problem with that post'

nem = nemesis45.

**nemesis45** · 20th June 2015, 07:22:AM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

Hi thanks for your reply.

The form states :

Particulars of Claim -

This claim is for 355.66 , the debt was assigned to / purchased by lowell portfolio ltd, on **/03/2011.

Particulars RE - Shop Direct A/C 15086***.

and then 8% interest claimed per annum £28

and then in another book says claimant Lowell Portfolio ref : 16905***.

I have phoned Lowell and they gave me all the reference numbers of accounts and they cannot find the one above. I have 0 documentation about the account.

Shall I phone Bryan Carter and ask for the correct information that will highlight there possible mistake, or should I defend the claim saying I know nothing about it and then if they provide the correct information then ask for the paperwork?

Thanks

As 4 #post information is just repeating what has already been said let's see what we can find in the POC.
No please don't phone Carter, they will attempt to put you off track, anyway their /Lowell's mistakes are
to your advantage: Always keep communications in writing, phone calls strangely disappear from records
or a just denied.

We can however write to Carter and deal with the " mistakes" formally and suggest he refers to his
client suggesting that it withdraws the claim in the light of the" doubtful" evidence in the POC.

I'll help you draft a letter if you wish.

nem

Your defence can be based in part on the fact the details in the POC are not recognised

**michelletester** · 22nd June 2015, 13:06:PM

Re: CCJ Claim BRYAN CARTER

Originally posted by nemesis45 View Post

Your defence can be based in part on the fact the details in the POC are not recognised

Hey,

I am going to submit my defense in the next couple of days, Could some one give me some help in writing it out in a better legal type speak with Acts etc here is my example below. Also if I lose how much are court costs legal fees etc going to add to the final price thanks.

its going to have to be based on the fact of these :

1. The reference number is not known by myself or even Lowell possibly statue barred or
(1A) incorrect number placed on Claimant details.

2. If subsection 1A is right and its the wrong reference number this has not given me fair time to check paper work and claim details and or amounts meaning I am unable to agree / disagree or file any-kind of fair defense.

3. If subsection 1 applies and the debt is statute barred as over six years old I have been unable to investigate and/or defense to this claim as Lowell have provided no details on account number given as they say its incorrect as per telephone conversation on 19/06 at 18:35.

4. On 30/04/2015 Lowell was sent a email requesting all information and accounts held in my name Lowell has provided this information on other accounts including Credit Agreements under the CCA 1974 as required by law but have failed to provided as per their duty under the CCA any information relating to this account.

5. Lowell have also failed in their duty to act lawfully / fairly as Lowell was sent a email on the 30/04/2015 with my correct address from myself and sent 26 letter to this address only weeks ago about other matters, but when sending the CCJ claim form sent to a different address. This being the only time Lowell has sent or requested correspondence be sent to this address. Possibly to accrue a default CCJ without any dispute. Lowell have also never sent any letters of indented further action or debt collection to the address they only sent the CCJ claim form.

6. Between 2010 - 2012 I paid in full around six (6) debts I believe it could be that Lowell was paid in full for this debt but again without knowing any information about the claim I cannot defend or dispute.

**FlamingParrot** · 22nd June 2015, 13:36:PM

Re: CCJ Claim BRYAN CARTER

If you are looking for a defence that combines both the fact the debt is statute barred and lack of response to your CCA/CPR requests, you'll find an example here: http://www.legalbeagles.info/forums/...011#post494011

You'll need to adapt it to your particular circumstances, accounts, dates, etc. but it should give you a starting point. :thumb:

**FlamingParrot** · 22nd June 2015, 13:39:PM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

Also if I lose how much are court costs legal fees etc going to add to the final price thanks.

There is no reason you should lose if the debt is statute barred, and even if it turned out not to be, it could be settled via a Tomlin Order to avoid a CCJ so there really is not chance of 'losing' as such. Given the small amount claimed, this claim would be allocated to the small claims track where each part pays their own costs and no costs are awarded against the losing party, save for exceptional circumstances.

**michelletester** · 24th June 2015, 01:41:AM

Re: CCJ Claim BRYAN CARTER

Hello Again,

I have found out today that the debt has been brought by Fredricksons International, I have been told by Lowell that they are not dealing with it although there name is on the CCJ as the client!

I also believe that I have found the entry on my credit report although the account numbers are totally different. Should Fredricksons have sent a letter to say they now own the debt or because its a company owned by Lowell it doesn't matter?

Does it also matter that the reference numbers on my credit file are different to those on the CCJ claim? should have it been updated to Fredricksons and their account number?

And does it also matter that Lowell are named on the CCJ and claim they are not dealing with it, and them tell me to go to Fredricksons?

Can Lowell aslo claim that they didn't get the CCA request because they do not own this debt Fredricksons does? (Because I only email Lowell asking for all account information)

Thanks,

**MIKE770** · 24th June 2015, 05:37:AM

Re: CCJ Claim BRYAN CARTER

Freds are Lowells different desk!

**nemesis45** · 24th June 2015, 07:31:AM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

Hello Again,

I have found out today that the debt has been brought by Fredricksons International, I have been told by Lowell that they are not dealing with it although there name is on the CCJ as the client!

I also believe that I have found the entry on my credit report although the account numbers are totally different. Should Fredricksons have sent a letter to say they now own the debt or because its a company owned by Lowell it doesn't matter?

Does it also matter that the reference numbers on my credit file are different to those on the CCJ claim? should have it been updated to Fredricksons and their account number?

And does it also matter that Lowell are named on the CCJ and claim they are not dealing with it, and them tell me to go to Fredricksons?

Can Lowell aslo claim that they didn't get the CCA request because they do not own this debt Fredricksons does? (Because I only email Lowell asking for all account information)

Thanks,

The Lowell group acquired Fredrickson International some time ago, and use it as a collecting/ account managing arm.

Freds cannot initiate court action of its own volition but do so on authorisation from Lowell.

Simply Freds don't own the debt.

Lowell/Fredrickson use their own reference numbering system.

What has been done is correct procedure.

nem

**FlamingParrot** · 24th June 2015, 10:08:AM

Re: CCJ Claim BRYAN CARTER

Originally posted by michelletester View Post

I have found out today that the debt has been brought by Fredricksons International, I have been told by Lowell that they are not dealing with it although there name is on the CCJ as the client!

You mean the claim form? Or have you got another account where Lowell have a CCJ against you?

Originally posted by michelletester View Post

Does it also matter that the reference numbers on my credit file are different to those on the CCJ claim? should have it been updated to Fredricksons and their account number?

And does it also matter that Lowell are named on the CCJ and claim they are not dealing with it, and them tell me to go to Fredricksons?

The account numbers on your credit file are not important, the main thing here is to ensure the default dates are correct so the default drops off when it should, six years after it was recorded. Lowell often 'amend' the date to when they bought the account, which is not correct.

Bear in mind when lenders do credit searches, they don't see the same thing as you on your credit report, banks access CRA data through their own proprietary systems and don't get as much detail as you.

Originally posted by michelletester View Post

Can Lowell aslo claim that they didn't get the CCA request because they do not own this debt Fredricksons does? (Because I only email Lowell asking for all account information)

If you sent the CCA request to Lowell then they can't get they didn't get it, that's why those requests should be sent recorded delivery so they can be tracked. We know that Freds are part of the Lowell group, in any case Lowell/Freds have to go back to the original lender to get the documents as they wouldn't have acquired them when they bought the account. Absurd but true.

CCJ Claim BRYAN CARTER