Court Claim form from Bryan Carter Solicitors...Help!

[Skintandscared]

Basically, a court claim form was sent via these people to my OH at his old address (parents house) whom he very rarely visits. However, Lowell (who debt is originally from) communicate with us at our current address, even have paper work dated 22nd October 2015 to prove this, and they did so for THIS debt too. They refused an offer of us to set up a direct debit for this account (despite being happy to do this with several other accounts), and passed it onto Fredrickson International, who we contacted by post but never heard back off.

My questions are:
1) Can they legally send paper work to an old address when they are/were currently communicating with us at the current address?
2) We have received the paperwork, dated 25th November, and I've gone online to admit we owe this amount - Have I done this right???
3) If we fill in the form, admitting we owe it and offering a repayment option, will it stop it going to court??

I am really confused, and if they pursue a CCJ my OH will lose his job, and the bloody debt it under £400, and we've been trying to repay this for months! Help!

[Kati]

Re: Court Claim form from Bryan Carter Solicitors...Help!

[MENTION=55034]nemesis45[/MENTION]??

[nemesis45]

Re: Court Claim form from Bryan Carter Solicitors...Help!

@nemesis45??

Got it Thanks [MENTION=49370]Kati[/MENTION]~

[nemesis45]

Re: Court Claim form from Bryan Carter Solicitors...Help!

Basically, a court claim form was sent via these people to my OH at his old address (parents house) whom he very rarely visits. However, Lowell (who debt is originally from) communicate with us at our current address, even have paper work dated 22nd October 2015 to prove this, and they did so for THIS debt too. They refused an offer of us to set up a direct debit for this account (despite being happy to do this with several other accounts), and passed it onto Fredrickson International, who we contacted by post but never heard back off.

My questions are:
1) Can they legally send paper work to an old address when they are/were currently communicating with us at the current address?
2) We have received the paperwork, dated 25th November, and I've gone online to admit we owe this amount - Have I done this right???
3) If we fill in the form, admitting we owe it and offering a repayment option, will it stop it going to court??

I am really confused, and if they pursue a CCJ my OH will lose his job, and the bloody debt it under £400, and we've been trying to repay this for months! Help!

Good afternoon No Lowell / Carter dirty tricks again, if it's proven that ( as it appears to be) that Carter/Lowell have you current address on file then their action is an abuse of process.

Carter is likely to attempt to get a summary judgement as quick as possible.
Are you sure the debt is you husbands and that it is legally enforceable?

OK the best approach is respond with an offer that IS Reasonable, is affordable and is sustainable of a long period, your suggestion should be that the offer is to be " secured" by
a consent / Tomlin order, which is an agreement between the claimant and the debtor that payments will be made of an mutually agreed amount each month and if the payments are made as ordered the claim is stayed as long as the payments are made. If the agreement is broken then the claimant will apply for summary judgement, hence the
reasonable/ affordable/ sustainable point.
As to the use of a previous address this is worthy of a Formal Complaint to Lowell in regard to the actions of their authorised legal representative + a copy for Carter and the FCA for information on Carter/Lowell's conduct.

Address the Complaint to Andrew Bartle the Chief Operating Officer the Lowell Group, Ellington House, 9 Savannah Way, Leeds Valley Park. Leeds LS10 1AH
Signed for post for the Lowell copy

nem

[Skintandscared]

Re: Court Claim form from Bryan Carter Solicitors...Help!

Good afternoon No Lowell / Carter dirty tricks again, if it's proven that ( as it appears to be) that Carter/Lowell have you current address on file then their action is an abuse of process.

Carter is likely to attempt to get a summary judgement as quick as possible.
Are you sure the debt is you husbands and that it is legally enforceable?

OK the best approach is respond with an offer that IS Reasonable, is affordable and is sustainable of a long period, your suggestion should be that the offer is to be " secured" by
a consent / Tomlin order, which is an agreement between the claimant and the debtor that payments will be made of an mutually agreed amount each month and if the payments are made as ordered the claim is stayed as long as the payments are made. If the agreement is broken then the claimant will apply for summary judgement, hence the
reasonable/ affordable/ sustainable point.
As to the use of a previous address this is worthy of a Formal Complaint to Lowell in regard to the actions of their authorised legal representative + a copy for Carter and the FCA for information on Carter/Lowell's conduct.

Address the Complaint to Andrew Bartle the Chief Operating Officer the Lowell Group, Ellington House, 9 Savannah Way, Leeds Valley Park. Leeds LS10 1AH
Signed for post for the Lowell copy

nem

Hi,

Yes, it's definitely his as it's an old catalogue account.

As I am a relative novice in these matters, I thought that sending it to an old address after refusing to even communicate regarding setting up a plan. I've looked back through old paper work this afternoon, and we've evidence that up until February of this year we were paying £25 per month to this debt, and have several other debts with Lowell that are paying regularly on an installment plan.

Thank you so much for your advice - I e-mailed both Lowell and Bryan Carter yesterday explaining that what they've done is inappropriate, and we have evidence from Lowell themselves of this, and am still awaiting a reply.
I will be following your guidelines, and will be putting in a complaint with the FCA as their behaviour is deplorable. I am hoping the pair of bastards get fined, or some such action is taken against them.

[Skintandscared]

Re: Court Claim form from Bryan Carter Solicitors...Help!

Also, I will be sending off signed for letters to both Lowell, and Bryan Carter tomorrow. In the mean time my OH will be telephoning Bryan Carter to inform them that he wants a Tomlin order put in place asap and the claim needs to be stayed. I will not let this drop however, as just from looking at this website alone, it's pretty obvious that Bryan Carter take great pleasure in using scare tactics. Will update on what's happening.

[nemesis45]

Re: Court Claim form from Bryan Carter Solicitors...Help!

Hi,

Yes, it's definitely his as it's an old catalogue account.

As I am a relative novice in these matters, I thought that sending it to an old address after refusing to even communicate regarding setting up a plan. I've looked back through old paper work this afternoon, and we've evidence that up until February of this year we were paying £25 per month to this debt, and have several other debts with Lowell that are paying regularly on an installment plan.

Thank you so much for your advice - I e-mailed both Lowell and Bryan Carter yesterday explaining that what they've done is inappropriate, and we have evidence from Lowell themselves of this, and am still awaiting a reply.
I will be following your guidelines, and will be putting in a complaint with the FCA as their behaviour is deplorable. I am hoping the pair of bastards get fined, or some such action is taken against them.

If more people send in reports to the FCA the better, the regulator does not take " complaints" from individual consumers but all reports are noted and will be referred to at licence renewal times and if the number of complaints reaches a level where action is needed.

Please keep us up too date on progress.

nem