Bryan Carter Letter - Urgent advice needed

[Faithmovesmountains]

Hi ladies & gents,

Am hoping that some of you might take the time to help/guide me on a fairly urgent problem! I have, this morning, received a letter from Bryan Carter concerning an old Cap One debt of mine it states........."We have been instructed by Fredrickson International Ltd on behalf of Lowell Financial Ltd to issue court proceedings on 15 November if payment of this debt is not received by us by that date"

The amount concerned is £2026.45 before additional court costs etc. I defaulted on this debt (amongst others) around January 2012 as things were really getting beyond me. I did contact them and offer token payments but I never heard anything further from Cap One until I started receiving letters from Fredricksons and then I'm afraid I ignored them. These last few years have been really difficult and am just getting so, so sick of this life! Last year we had a surprise addition to the children we've already got making three in total (gorgeous though he is) and so I'm only working part-time at the moment and we're so overstretched it's untrue. I'm not a homeowner and the only thing of any value is my car (even then only about £2K worth) if I end up with a CCJ could that be taken from me? It's the only way I have of getting to work, children to docs etc. as we're very rural.

I'd be really grateful if someone could point me in the right direction as I'm starting to panic.

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

Despite their threatening letters, it is quite unlikely they will issue proceedings

Do not contact them via telephone, no matter what - only contact them via letter

I would suggest sending them a "prove it" letter asking for a copy of the credit agreement they are going to rely on in any action - there are many, many threads around this kind of thing if you search for "credit agreement request" on here

This is almost certainly a scare tactic by them to try and get you to pay more than you can afford, please dont be scared

There will undoubtedly be others along soon to impart more knowledge t assist you

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

A few Q's:

When was the original credit agreement they are chasing taken out?

Is the car you refer to on finance, if so, how much is left to pay? (in number of payments, dont need to ttell us amounts)?

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

O another note: even if they did take you to court, the amount is WAY under the £10,000 small claims limit and as such they would not obtain costs against you

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Hi ncf355,

Thank you so much for replying to me! I've been pretty much climbing the walls this morning whilst also trying to pacify a 1 year old child, the two don't go hand in hand. I think the account was opened in 2006/2007 or thereabouts (can't remember really) I haven't been paying anything towards the debt, I did offer token payments at the time of default but they never got back to me and just passed it to debt collectors who I've since ignored a) because they frighten me and b) because I haven't got anything to pay them with.

My car isn't on finance, it's nearly 11 years old and is a complete necessity as we live 10 miles from the nearest town. I'm just really worried as it's the first letter I've had which isn't ambiguous and states that they will issue proceedings.

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

OK,

Send them this, sign using a computer font NOT your actual signature:



----------------------------


RE: ACCOUNT NUMBER xxxxxxxxxxxxxxxxxxxxxxxxx
yOUR REF: XXXXXXXXXXXXXXXXXXXX



Dear Sir/Madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY CONNECTED THIRD PARTY

I refer to your letter of (insert date) in which you state you intend to commence court proceedings on 15th November.

To date, you have failed to provide evidence of the alleged debt and as you intend court action, i make the following request for information under CPR 31.16 - Pre Action Disclosure:

Please supply me with copies of the following:

1) A copy of the alleged original credit agreement upon which you seek to issue this claim

2) A copy of the original terms related to this alleged agreement, together with any modifying terms and conditions (and the date upon which these took effect)

3) A copy of any and all transactions made upon the alleged account, to show how you have arrived at the amount you seek to claim under the alleged agreement

4) A copy of any and all communications between the alleged original creditor and myself

5) A copy of any and all communications between your company/related third parties and myself

6) A copy of the deed of asignment that gives your client/related 3rd parties the right to issue a claim under the Law of Property Act 1925 (your client not being the alleged original creditor).

As the date upon which you intend to issue proceedings is fast approaching, I have sent this request via Royal Mail Special Delivery and expect and demand that you show similar expediancy in providing the requested information.

Should you fail to provide such data prior to issuing proceedings, this will be brought to the courts attention and an application will be made to order the required disclosure.

Yours faithfully,


Mrs X

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Thank you so much for all your help. Do I send this to Bryan Carter (I assume so) and is this a SAR? In which case I need to send a £10 postal order.

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

Hi

Yes, send it to Bryan Carter

No, it's not a SAR, it's a civil procedure rules request that you are entitled to make due to the fact they have specifically stated they intend to take court action

As in the body of the request, make sure you send royal mail special delivery (next day by 1pm)so you can be sure it will get there and you have proof of delivery

:-)

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

Despite their threatening letters, it is quite unlikely they will issue proceedings

Do not contact them via telephone, no matter what - only contact them via letter

I would suggest sending them a "prove it" letter asking for a copy of the credit agreement they are going to rely on in any action - there are many, many threads around this kind of thing if you search for "credit agreement request" on here

This is almost certainly a scare tactic by them to try and get you to pay more than you can afford, please dont be scared

Sadly, it looks like Bryan Carter ARE issuing proceedings left, right and centre. :sad:

• http://www.legalbeagles.info/forums/...t=Bryan+Carter
• http://www.legalbeagles.info/forums/...t=Bryan+Carter
• http://www.legalbeagles.info/forums/...t=Bryan+Carter
• http://www.legalbeagles.info/forums/...t=Bryan+Carter

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

To keep it all together, I've re-quoted my posted on Jumper999's thread, as it's relevant to your case as well:

Hi,

I have received the same letter verbatim from Bryan Carter but, I don't understand how it's defective and could result in any action of theirs being stayed. Sorry but, am new to this and would appreciate it if someone could explain?

Sounds like they are using template letters. :sad: Because they are threatening legal action, their letters should be replied to as if they were letters before action or letters of claim. The Civil Procedure Rules pre-action conduct practice direction states how both parties should conduct themselves prior to litigation. Before issuing a claim, a claimant is expected to send a letter of claim, providing full details. When you see what information those letters should contain, you will see why we are saying they are defective. See below for reference:

7. Exchanging information before starting proceedings

7.1 Before starting proceedings –
(1) the claimant should set out the details of the matter in writing by sending a letter before claim to the defendant. This letter before claim is not the start of proceedings; and
(2) the defendant should give a full written response within a reasonable period, preceded, if appropriate, by a written acknowledgment of the letter before claim.

2. Claimant’s letter before claim

2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and

(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;
(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and
(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.
2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

Hi FP,

Thanks

You'd agree though that my template letter above is suitable for Faith to send to BC?

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

Hi FP,

Thanks

You'd agree though that my template letter above is suitable for Faith to send to BC?

Yes, it should do the trick! :thumb:

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Hi all,

I really appreciate all your help and support, could really do without all this at the moment! I'll send your letter tomorrow ncf and thank you again. One last thing, if they did get a CCJ would they be able to come and take things to cover the debt? We really don't have anything of value, still in the land of the non-flatscreen TV and ancient fridge/cooker so I am really worried about my car as we just couldn't manage without, couldn't get to work, doctors/dentists. I know I'm getting a bit ahead of myself but, I need to know what we may be facing.

ETA: We also privately rent so this will cause us no end of problems in the future, I feel such a failure of a mother!

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

Hi all,

I really appreciate all your help and support, could really do without all this at the moment! I'll send your letter tomorrow ncf and thank you again. One last thing, if they did get a CCJ would they be able to come and take things to cover the debt? We really don't have anything of value, still in the land of the non-flatscreen TV and ancient fridge/cooker so I am really worried about my car as we just couldn't manage without, couldn't get to work, doctors/dentists. I know I'm getting a bit ahead of myself but, I need to know what we may be facing.

You ARE getting ahead of yourself! A CCJ doesn't grant them the right to go and take things to cover the debt. They would have to go back to the court to apply for a warrant of execution so they can send bailiffs round, however, this is VERY UNUSUAL for this type of debt, and would only be a possibility if you failed to make any repayments towards the CCJ. In reality, even a court can't make you pay what you can't afford, and people who are on benefits or on a low income pay just £1/pcm. You would be able to make a repayment offer you can afford, backed by an income and expenditure statement. But, once more, we're getting WAY ahead of ourselves! :bolt:

ETA: We also privately rent so this will cause us no end of problems in the future, I feel such a failure of a mother!

Why? Being in debt doesn't make you a failure, :nono: there are lots of us around here who are also in debt, some up to a whooping £150k! :scared: Financial difficulties have nothing to do with parenting skills, I spend a lot of my time producing electronic guides for parents and at no point does debt even enter the equation, it's all about what you give in terms of nurture, education, understanding and support. :grouphug:

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Because I'm supposed to keep them safe i.e. a roof over their heads (not people knocking at the door making threats) and having to ask them not to answer the phone when it rings.....it's not what I wanted. Am sorry, just a bit upset tonight and I know what you mean, just a bit hard to see the wood for the trees at the mo!