Bryan Carter and Lowell

[leeg]

Hi All,

My partner has a very old debt from ee (due to a dispute). She hasn't paid a penny or acknowledged the debt for at least 7 years.

It appears that the debt was passed to Lowell, who in turn has instructed bryan carter to apply for a ccj to be registered.

We wrote to Bryan Carter stating the debt was Statute Barred.

They have responded saying that it isnt in fact statute barred, and the debt defaulted in September 2010.

Looking at my partners credit file, it shows a default registered by lowell in 2010. However, it doesnt show a default by ee.

Is there a way I can ask for the information or evidence of when the debt was in fact first defaulted by ee?

Any help would be greatly appreciated.

[judgemental24]

Re: Bryan Carter and Lowell

Forget the default date for the moment, it will generally be decided on when the last contractual payment was missed with the original creditor

If Uncle Bryan issues a claim use the statute barred defence, he normally runs for the hill when a defence is made and withdraws

Has an actual claim been issued??

[leeg]

Re: Bryan Carter and Lowell

hi,

I have sent a letter to Bryan insisting that the debt is statute barred.

They wrote back saying the debt defaulted in September 2010, and that the debt remains enforceable. They said they await my response.

No judgement claim has been issued as of yet.

Thanks for the quick response

[judgemental24]

Re: Bryan Carter and Lowell

If no payment or acknowledgement by snail mail with either EE or any debt collection agency for over 6 years, you can be 99.9999% sure it is statute barred.

EE weas either Orange of T mobile back then

[leeg]

Re: Bryan Carter and Lowell

I'm pretty sure it is barred, However, Bryan is still threatening to register a CCJ, which obviously we would rather avoid.

Can I request some form of proof of the original default date? or is there a way I can insist Bryan prove that the debt is still enforceable?

[judgemental24]

Re: Bryan Carter and Lowell

You can only do that if and when he issues a claim

His default position will be to ignore all requests for information anyway.

If he does issue a claim we simply use the statute of limitations as that is an absolute defence.

It will be then for Uncle Bryan to prove it is not statute barred. He would have long since run for the hills anyway as soon as you submitted a defence

If this account is more than six years old getting hold of information from the original creditor might be difficult

[nemesis45]

Re: Bryan Carter and Lowell

Hi All,

My partner has a very old debt from ee (due to a dispute). She hasn't paid a penny or acknowledged the debt for at least 7 years.

It appears that the debt was passed to Lowell, who in turn has instructed bryan carter to apply for a ccj to be registered.

We wrote to Bryan Carter stating the debt was Statute Barred.

They have responded saying that it isnt in fact statute barred, and the debt defaulted in September 2010.

Looking at my partners credit file, it shows a default registered by lowell in 2010. However, it doesnt show a default by ee.

Is there a way I can ask for the information or evidence of when the debt was in fact first defaulted by ee?

Any help would be greatly appreciated.

Simple facts Lowell did not register the default, a debt purchaser such as Lowell can only up date credit files with data such as it name and address etc. Lowell cannot change the original default date which was registered by the original creditor.
EE's entry would have been removed when Lowell acquired the debt

Many of the mobile phone service providers have been notorious for placing late defaults.

I suggest that an attempt to clarify what has actually taken place with the account a call to EE or whichever company the account was opened with ( if still trading separately) and ask for the relevant dates, i.e. the date of the last payment and the date the provider made a demand for immediate payment in full ( you need this as phone contracts are service contracts not credit agreement and no " default notice is issued).
If Carter has not actually issued a claim yet has he sent his take on a letter before action stating what may happen if you don't throw up your hands in horror and pay straight away?

Noddle ( Call Credits Free online credit file agency often has more historical data than Equifax and Experian so it may be worth a check with them)
nem

[leeg]

Re: Bryan Carter and Lowell

My partners credit report shows a Default sum of £436, in september 2010. The name on the default says Lowell Portfolio LTD.

The letter from Bryan says

'We have been instructed by Fredrickson International on behalf of our client, Lowell Financial regarding your EE limited account to commence legal action and issue a claim against you in the county court in respect of this debt

should you fail to respond to this letter within 154 days, a claim will be issued against you without any further notice...

blah blah yada yada.....

I responded with a Statute barred template letter

they said that it wasn't Statute barred.....

I'm unsure as to how to respond?

Should I seek evidence from ee then?

[leeg]

Re: Bryan Carter and Lowell

*14 days not 154! haha

[nemesis45]

Re: Bryan Carter and Lowell

[QUOTE=leeg;578752]My partners credit report shows a Default sum of £436, in september 2010. The name on the default says Lowell Portfolio LTD.

The letter from Bryan says

'We have been instructed by Fredrickson International on behalf of our client, Lowell Financial regarding your EE limited account to commence legal action and issue a claim against you in the county court in respect of this debt

should you fail to respond to this letter within 154 days, a claim will be issued against you without any further notice...

blah blah yada yada.....

I responded with a Statute barred template letter

they said that it wasn't Statute barred.....

I'm unsure as to how to respond?

154 days ?? I wonder where that came from.
Enough for a Subject Access Request under the Data Protection Act 1998 to EE this requires them to supply all the personal data held on you including all the demands for payment etc.

There isa £10 statutory fee to pay use a cheque or postal order endorsed for " statutory fee only" and the request should be sent to the Data Controller at EE's head office they have 40 days to respond.

Give as much detail on the account as possible including the address current when the account was opened and subsequent addresses.

nem

[leeg]

Re: Bryan Carter and Lowell

thank you for all your help.

I'll send a SAR to ee and see what they come back with.

Bryan is waiting for a response from me, Is there anything I should reply to them with in the mean time? should I inform them that I am seeking information from ee, or just ignore them?

[judgemental24]

Re: Bryan Carter and Lowell

As far as i am concerned you have already responded with it being statute barred

I would ignore Uncle Bryan, he just does what he wants to do anyway

Or just send a two word response again with his reference number

STATUTE BARRED

[leeg]

Re: Bryan Carter and Lowell

thanks for the advice people :tinysmile_grin_t:

[nemesis45]

Re: Bryan Carter and Lowell

thank you for all your help.

I'll send a SAR to ee and see what they come back with.

Bryan is waiting for a response from me, Is there anything I should reply to them with in the mean time? should I inform them that I am seeking information from ee, or just ignore them?

Yes definitely the SAR Carter can be very shifty, this 154 days timescale is not usual and could well be a Lowell instruction to Carter he usually has to be led by his masters so take no chances.

nem

[leeg]

Re: Bryan Carter and Lowell

Sorry, the '154 days' was a typo on my part..... meant to say 14 days!