Hbos/lowell/fredrickson/bryancarter

[jon1965]

Re: Hbos/lowell/fredrickson/bryancarter

Always happy to help Joolz!!

There is another maybe quicker way to get that information, give Halifax a ring and ask for the date they issued a Demand for Payment in Full/Final Demand.

nem

If you get a reply for anything with a phone call ask for it to be confirmed in writing as a phone call can be denied

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Hi,
Thanks for your response. No, I didn't send Carters any letter of complaint, the letter I did send was to request the CPR

That's a rather odd response to a CPR request even for Mr Carter! :confused2:

So I still need to submit my defense? How do I do this??

Yes, you should be able to submit it online. :typing:

Do I write to the court or Carters stating that the account is Sbd?

That would be part of your defence submitted to the court (not Mr C), however, I don't see that fact mentioned within the defence you've posted. :noidea: You'll find a defence that combines both not having received documents and the debt being SBd here: http://www.legalbeagles.info/forums/...011#post494011

Note that, for an overdraft, you wouldn't have a credit agreement as such, however, there should be a current account agreement.

Do I need to write to Carters at all?

No, just file your defence with the court before your deadline (33 days from date printed on claim). :thumb:

- - - Updated - - -

I've attached my draft defense, could you have a look over it see if it needs tweeking please?

Joolz

As above, there is no mention of SBd on it.

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Thanks Flaming Parrot,

I'll Send an attachment of it, just to make sure then I can submit it online, hopefully this afternoon.

My deadline is 21st July (i think).....

Thank you again for all your help.

Joolz

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Thanks Flaming Parrot,

I'll Send an attachment of it, just to make sure then I can submit it online, hopefully this afternoon.

My deadline is 21st July (i think).....

Thank you again for all your help.

Joolz

I see you've added the SBd bit. :thumb:

The paragraph that reads:

8: On the 29^th June, 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment]

should be:
8: On the 29^th June, 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Credit Agreement, the Default Notice and Notice of Assignment.
No need for square brackets. :grin:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Gotcha :tinysmile_twink_t2:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, all done and dusted. Just got to play the waiting game now. :doggieyes:

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, all done and dusted. Just got to play the waiting game now. :doggieyes:

They have 28 days to reply to the court whether they are proceeding with the claim or not, if the don't reply, the claim will be stayed, but you won't be informed if that happens. :ranger:

If they decide to proceed, you'll hear from the court and probably also from Mr Carter, who these days has decided to send settlement letters upon receipt of a defence. Do post up when you hear anything. :typing:

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

If you here nothing from the court or Carter you can ring the court to see if the claim is stayed once the 28 days is up.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Ok, thank you

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi again......I'm back

So, I've received a response from Mr Carter which reads......

We write further to your letter of 29 June 2015 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

Blah Blah Blah.............

We confirm this matter will most properly be allocated to the Small Claims Track blah blah....................

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard we ask you to refer to your own records.

As you will be aware a claim was issued in this matter on 18 June 2015 ans we are in receipt of Defence


Ok, so how do I proceed? Thought he might have given up the ghost knowing he will lose....

Thanks in advance.

Joolz

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

That's just his usual template letter. :ohwell: As you have already submitted a defence highlighting the fact he didn't comply with your request, this letter is one to be filed under "C". :tinysmile_twink_t2:

Presumably that means he intends to proceed with the claim and won't just leave it stayed. For now all you can do is wait for the N180 directions questionnaire from the court and enjoy what's left of the summer. :ranger:

[nemesis45]

Re: Hbos/lowell/fredrickson/bryancarter

It's no concern of Carters as what an original creditor may or may not have provided during the life of an agreement, he cannot possibly know the policies of every creditor.

Write back and tell him so saying you want the documents by return of post.

You should include this in the defence and attach a copy of Carters letter.

nem

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Good Afternoon,

Today I have received another letter from Mr Carter which reads......

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 out 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 blah blah blah

Please contact our helpful team (?) blah blah blah

I take it this is generic???

In the meantime I have received a very large bundle of paperwork from Halifax after my SAR, am I looking for something in particular, as all I have found is how much Lowell bought the debt for.......10p, 10p!!!!!! And they're chasing me for £500. What a nerve?!

Any help would be gratefully appreciated. Many thanks again

:tongue2:

[FlamingParrot]

Re: Hbos/lowell/fredrickson/bryancarter

Good Afternoon,

Today I have received another letter from Mr Carter which reads......

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 out 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 blah blah blah

Please contact our helpful team (?) blah blah blah

I take it this is generic???

It is! :yo:

Lately he's been sending out those letters to all defendants, in the hope that someone bites and offers to make a payment. :nono:

You have to wonder why they bother with that if they are sure to win in court, or are they? :colbert:

In the meantime I have received a very large bundle of paperwork from Halifax after my SAR, am I looking for something in particular,

Well done! :clap2:

Were you, perhaps, trying to establish whether this debt was statute barred and trying to locate the date when you last made a payment?

all I have found is how much Lowell bought the debt for.......10p, 10p!!!!!! And they're chasing me for £500. What a nerve?!

:jaw: :jaw: :jaw:

I thought that information was never provided! I also thought even if a nominal sum was paid, it would be at least £1!

Is there any chance you could post up the page where you found that info (redact anything that may identify you)? Just out of interest and for our amusement! :typing:

[joolz67]

Re: Hbos/lowell/fredrickson/bryancarter

Hi FlamingParrot,

Yes it was to establish weather the account was statute barred. This account was a battle from years ago when I had employed the useful services of Chiltern Claims to refund the unfair overdraft charges on the account.

Will try and find this statement again, could take a while........

Joolz67