help carter/lowell

[Amethyst]

Re: help carter/lowell

When you get more details from the court there will be a part in there about sending in witness statements and documents you intend to rely on - usually 14 days before the hearing. Way to go yet - they must produce the agreement as without it they won't be getting anywhere near the court xxxxx

[brisad]

Re: help carter/lowell

Thanks very much Amethyst

[brisad]

Re: help carter/lowell

Hi again

Received a letter from courts giving advice to send all letters to each of the parties and vice versa they also mention a fee to be paid by lowell/carter prior to hearing

Do you think they will still proceed?

I am waiting to hear from them as thee is `a way to go before the court date
Today I received a letter from Lowell financial Ltd showing "Your Annual Statement" they have added £500 interest and say the account is managed by Frederickson International Ltd who I believe to be part of Lowell to me this looks like they are trying Two ways to collect or the left hand etc....

Further advice will be appreciated again Thanks

[nemesis45]

Re: help carter/lowell

Hi again

Received a letter from courts giving advice to send all letters to each of the parties and vice versa they also mention a fee to be paid by lowell/carter prior to hearing

Do you think they will still proceed?

I am waiting to hear from them as thee is `a way to go before the court date
Today I received a letter from Lowell financial Ltd showing "Your Annual Statement" they have added £500 interest and say the account is managed by Frederickson International Ltd who I believe to be part of Lowell to me this looks like they are trying Two ways to collect or the left hand etc....

Further advice will be appreciated again Thanks

Lowell is the debt purchaser and beneficial owner of the debt which it has assigned to it's sister company Fredrickson to "manage and collect"

You have received the routine annual statement as required.

The hearing fee is payable by Lowell prior to the hearing, it is difficult to assess if they will continue to trial but no agreement = no enforcement.

nem

[brisad]

Re: help carter/lowell

Hi again

I am sending out witness statements next week I have not yet received anything from Lowell or Carters, I was just wondering what would happen if they

a) Do not send witness statement on time (8th April) ?

b) They do not pay the fee would the courts tell me not to attend?

c) Do I attend and find out this on the day of the hearing and if they dont produce the cca do they try again and again?

And finally IF they produce a cca and win does my partners income havie to be provided as the fault is only mine

Thanks in advance

BTW love the easter egg!

[nemesis45]

Re: help carter/lowell

Hi again

I am sending out witness statements next week I have not yet received anything from Lowell or Carters, I was just wondering what would happen if they

a) Do not send witness statement on time (8th Apr
b) They do not pay the fee would the courts tell me not to attend?

c) Do I attend and find out this on the day of the hearing and if they dont produce the cca do they try again and again?

And finally IF they produce a cca and win does my partners income havie to be provided as the fault is only mine

Thanks in advance

BTW love the easter egg!

Good afternoon Brisad,

(a), A judge may order the claimant to serve the WS within a set time e.g. " By 4pm on Date:

(b), You need to regularly check with the court office on the status of the claim, you will be sent a copy of any order made by the procedural judge, follow the directions given.

(c ). If the claimant fails to file the documents (see above) the judge may strike out, but one cannot 2nd guess what the claimant may or may not do. As the claim was issued by
Carter who now does not represent Lowell anything can happen, Have you been notified of change of solicitor?

(d). It's your debt don't involve your partner, if you have to produce an I& E statement use your income and expenditure alone.

nem

[brisad]

Re: help carter/lowell

Thanks Nem

No notice of solicitor change to date but claim is now Lowells vs me

I have looked at Mold and Wrexham county court websites and cant find any way to check the listing regarding the case

kind regards Brian

[charitynjw]

Re: help carter/lowell

[MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: help carter/lowell

Thanks Nem

No notice of solicitor change to date but claim is now Lowells vs me

I have looked at Mold and Wrexham county court websites and cant find any way to check the listing regarding the case

kind regards Brian

Good morning Brian,
have you had the notice of transfer to your local CC hearing centre.

nem

[brisad]

Re: help carter/lowell

~Hi yes 12.00pm 31st may

[nemesis45]

Re: help carter/lowell

~Hi yes 12.00pm 31st may

Listings will be displayed on the court premises during the week cases are to be heard changes often occur.

nem

[brisad]

Re: help carter/lowell

Hi again Nem

I have just received a letter from Lowell solicitors dated 1st April with no posting date on the envelope (UK MAIL express parcels and mail) giving notice with immediate effect that Bryan Carters are no longer acting for them

They have increased the balance by £500 and have said I do not need to do anything as they have been provided withe the file from Carter, tomorrow is the last date for witness statements and apart from the above and this letter there has been no further communication with me.

They have again offered to talk with One of their team by phone or email the only thing i could tell them is IF they are able to enforce payment I would seek either a DRO or bankruptcy as my income is £437 ESA plus £306 PIP as I am disabled the only other option would be to use Stepchange?

I will attend the hearing myself and get the news at source I dont mind a ccj as I have no need for credit and at 62 wont get anything anyway

Can you please advise me whether I should reveal the above in a witness statement? or in the absence of the CCA still remain unenforceable? and if it is am I likely to be pestered by Lowells again and again?

I will deliver by hand my statement tomorrow as the One I prepared is now void

I am finding this difficult to cope with and I am having a flareup om my tremors and arthritis and psoriatic Arthritis etc I was less worried being told I had prostae cancer!

Thanks and hugs in adavance Brian

[P-Jay]

Re: help carter/lowell

I wouldn't want to sway anyone in any direction but I thought I'd share a conversation I've just had with Lowell Solicitors.

I reached a mitigation agreement with Bryan Carter in Sept last year and have been paying them monthly ever since. This morning I received a similar letter from Lowell Solicitors explaining that they'd taken over "the case" and I don't need to do anything else as "they have been provided with the file".

I called them anyway, if nothing else the name of the bank account I'm making payments to is in the name of Bryan Carter, but as was often the case with BC, they're not as well organised as they claim to be. Lowell explained that Bryan Carter has ceased trading, whilst they have some electronic files showing payments etc, for me at least they don't have anything else AT ALL - nothing, normal KYC stuff (DOB, Address etc) and a list of payments - THEY'VE ASKED ME TO E-MAIL THEM A COPY OF MY SETTLEMENT AGREEMENT!

[nemesis45]

Re: help carter/lowell

Hi again Nem

I have just received a letter from Lowell solicitors dated 1st April with no posting date on the envelope (UK MAIL express parcels and mail) giving notice with immediate effect that Bryan Carters are no longer acting for them

They have increased the balance by £500 and have said I do not need to do anything as they have been provided withe the file from Carter, tomorrow is the last date for witness statements and apart from the above and this letter there has been no further communication with me.

They have again offered to talk with One of their team by phone or email the only thing i could tell them is IF they are able to enforce payment I would seek either a DRO or bankruptcy as my income is £437 ESA plus £306 PIP as I am disabled the only other option would be to use Stepchange?

I will attend the hearing myself and get the news at source I dont mind a ccj as I have no need for credit and at 62 wont get anything anyway

Can you please advise me whether I should reveal the above in a witness statement? or in the absence of the CCA still remain unenforceable? and if it is am I likely to be pestered by Lowells again and again?

I will deliver by hand my statement tomorrow as the One I prepared is now void

I am finding this difficult to cope with and I am having a flareup om my tremors and arthritis and psoriatic Arthritis etc I was less worried being told I had prostae cancer!

Thanks and hugs in adavance Brian

Hello Brian,

2nd Carter/Lowell post this morning with a £500 increase in the claim it would be an idea to e-mail Lowell Solicitors and ask why the £500 increase.
e.g.

Sir / Madam,

Ref: us the one on their letter.



I have received a letter dated xx xx xxxx notice of change of solicitors, which also shows the amount of the claim has increased by £500.00 I require and immediate explanation as to how this addition
to the alleged debt has arisen.

No agreement no enforcement.

Sorry to hear about your health Brian and what you have said leads me to think that you should be considered a vulnerable person and treated as such.

best wishes nem

[brisad]

Re: help carter/lowell

Hi Nem

All is lost! I have just read my emails and a Clive Lyons for Lowells Solicitor has sent a witness statement with the original aggreement from Vanquis bank and assignation letter.

I have no defence as it contains everything they need to suceed I can resend the emails to you if needed for advice to others but it seems dumping Carter and having their own in house solicitors seems to help them suceed.

Question now is How to make any offer to pay given my meagre income and should I contact them directly and make them aware of my financial situation?

Sorry to be a pain and thanks in advance Brian