Another member with Bryan Carter problems

**FlamingParrot** · 8th July 2015, 20:39:PM

Re: Another member with Bryan Carter problems

Originally posted by louise_finch_uk View Post

Hi all. I am currently in a financial pickle. My husband left me and I owe lots of money to lots of different companies but through these changed circumstances had to stop payments. I went to Citizens Advice and they sent off letters to all companies involved to freeze interest and they promptly just hiked up the charges. Tried to go BR but child benefit forms needed for the courts kept coming back too late and the process started all over again. In the end I gave up. It has come to the point where I cannot even pay the rent, let alone bills on top.

Welcome aboard

You need to make sure you cover your priority debts first, your rent being one of them. Rent, council tax and utility bills should come above all those other debts.

Apologies if this sounds obvious, but have you claimed housing benefit? In most cases it should cover most if not all your rent.

Originally posted by louise_finch_uk View Post

To top it all, I have now received a letter from Bryan Carter which I have attached. It was to be expected but I have nothing to give any more.

I have made a letter up copying from other ones in the forum stating that I require copies of the following

1. Original contract
2. The notice of assignment
3. Statements of account.

What else do I need to do now as some other forum members say that have filled in another form and some have not. Very confused and very frightened as this is the start of many more I feel.

Many many thanks from a desperate mum.

Louise x

First of all, don't panic! A lot of the threads you may have read refer to cases where a claim has already been issued, in your case that doesn't apply and we'll try to stop them in their tracks. :grin:

What you need to send is a CCA request to LOWELL, you'll find the template letter here: http://www.legalbeagles.info/forums/...y-of-Agreement Attach a cheque or PO for £1 to cover the fee.

You also need to respond to MR CARTER with this:

Dear Sirs

Ref: xxxxxx

Thank you for your letter dated 30th of June 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 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.
I require copies of the following:

The credit agreement;
The default notice;
The notice of assignment;
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 [INSERT DATE YOU SENT YOUR CCA REQUEST] and I am awaiting a response from your client.

I shall being 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 faithfully,

Send both recorded delivery. As Mr Carter never ever has any documents to back up his claims, this may well nip it in the bud.

ray:

**louise_finch_uk** · 8th July 2015, 21:12:PM

Re: Another member with Bryan Carter problems

I am really really thankful for this information at such short notice. Please do not underestimate how grateful I am. I have the day off work tomorrow so will get cracking.

Louise

**fatbelly** · 17th July 2015, 06:02:AM

Re: Another member with Bryan Carter problems

Louise, I note that you were intending to petition for bankruptcy but it sounds as if you were struggling with getting remission of the court fee, and gave up.

Have you checked whether you meet the criteria for a Debt Relief Order? Are you aware the limit for them rises to £20000 on 1 October?

The fee is only £90, which can be paid in instalments

**louise_finch_uk** · 2nd August 2015, 17:29:PM

Re: Another member with Bryan Carter problems

Many thanks. Sorry that I have not got back to you sooner but as usual things have been up in the air. It was not the court fee that was the problem. Citizen advice wanted documents from Child Benefits to put forward to the courts with all the other documents but when I received these documents, Citizen Advice said they were out of date for the courts. Tried three times but as it took Benefits so long to send the documents needed ( over two weeks ) I was going around in circles as I was told time and again that they were out of date for the court hearing.

Another member with Bryan Carter problems