Court Caste Lowell/Bryan Carter - Worried sick

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Hi All the companies you have mentioned are " trading Styles" of the Lowell Group.
How much is the full claim for? is it the£1107 inc. costs?
None of the dates you have given are helpful without the year.
When you say you " stated your position" do you mean this is what you filed as a defence?

A default notice gives a debtor a chance to rectify the account by paying the arrears to put the account into normal status.
A Notice of Assignment is to tell you that your debt has been sold by the original creditor and/or bought by the debt purchaser.

You need to tell us the full dates for them to be meaningful.

If Lowell has not supplied an agreement for the account then the debt is unenforceable until it is supplied.

Do you remember the dates you sent the requests? Did you send the £1 statutory fee for the CCA request to Lowell.

Have you actually filed a fully pleased Defence as required? Have you had notification that this has been received by the court?
What documents have you returned to the court, Allocations questionnaire/ Directions Questionnaire, your witness statement and or defence?

Stop phoning Carter they are not there to help you in anyway.!!

nem

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Sorry for reposting this here, but didn't realise there was a dedicated forum to BC Court Cases.

Welcome aboard, this is actually our most active forum.

At the beginning of this year, I received a claim form from Bryan Carter acting on behalf of Lowell for a debt to ShopDirect. I had received letters from Lowell and another company called Red and Frederickson all chasing the same debt. I never received a default notice from the original creditor, nor had I received a notice of assignment. I know that I was meant to have these but Lowell has refused to ever supply me with them.

They are all part of the Lowell group, essentially one and the same.

When the claim arrived I immediately responded via the moneyclaim website indicating my position on the claims of Lowell. Mentioning the lack of Default Notice and Notice of Assignment. I had elected to go through arbitration to maybe resolve this but Bryan Carter never attempted it and it was allocated to the fast track for review at my local county court.

They're now asking the court for over £1107 - I'm so annoyed. I've tried to make offers with them, even offering to pay a full amount they asked for only to be told that was no longer enough. They're a total shower.

Fast track for just over £1,107? That's very strange, when most claims below £10,000 are allocated to the small claims track. :confused2:

Taking advice from some of the other posts on this forum, I hit Lowell with a CPR and CCA request to which I have never had a response. The only downside to this now is that I sent these documents through my work post service, recorded but I was laid off in April and I can't get any proof that I sent them. I also received a letter saying that they'd settle the account for a minimal amount of around £300 which to avoid any further bother I was happy to pay, however when I called this amount no longer was prepared to be accepted and they asked for close to the full amount. In the same call, I queried the lack of a response to my CCA/CPR request including information on the default notice. The lady at Bryan Carter told me that they never respond to them because it's down to the original creditor to provide that documentation before their clients ever take on the debt!

You don't need to worry about proving that you sent the requests, as the lady in question pointed out, Carter never responds to them because his clients never have any paperwork before they instruct them to issue a claim. What she didn't tell you is that they issue claims speculatively in the hope of obtaining default judgment. :mad2: :mad2: :mad2:

Anyway, I'd hoped to get it resolved in some fashion but the other day I received a Witness Statement from Bryan Carter. I don't know what to do now. The court case is less than 2 weeks. I'm worried sick. Not sleeping.

The Leeds Low lifes are not worth it! :nono: