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Letter of Claim from Bryan Carter - Lloy

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  • Letter of Claim from Bryan Carter - Lloy

    Hi guys,

    I've come home from working away and I've received two letters. One from Fredrickson international and one from Bryan Carter LLP on behalf of Lowell Finance, both in relation to an apparent debt with Lloyds bank totalling £3247.

    Now this is something that I'm totally unaware of, I've not banked with Lloyds for a number of years (probably about at least 5 or 6 years) and I've been working abroad for the last 4.

    The Bryan Carter letter mentions I have 14 days to respond, or a court case will be taken against me. So obviously panic has set in a bit.


    So what I've done so far:
    • I've compiled a CCA to send to Lowell, which I'll be sending with a £1 PO, tracked post tomorrow
    • Taken a copy of this template from another thread to send to Bryan Carter, also to be sent tomorrow and tracked.
      Dear Sirs,

      Ref: xxxxxxxx

      Thank you for your letter dated xx/xxxx/2015. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

      Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

      Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

      I require copies of the following:
      1. The original credit agreement;
      2. The Default Notice;
      3. The Termination Notice;
      4. The Notice of Assignment;
      5. Statements of account;


      These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974. A request has been made under s.78 on xx/xxxx/2015 and I am awaiting a response.

      I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

      Yours sincerely,


    As I say, getting a bit worried as I know this amount is quite a lot more than some of the other posts on here. I just want to sure I'm doing the right thing so far and that what I am going to do is all above board.

    Any advice is much appreciated.

    Thanks
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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