Bryan Carter Letter - Urgent advice needed

[charitynjw]

Re: Bryan Carter Letter - Urgent advice needed

Thanks for the info! If I were to log every call I'd probably need to employ an assistant, I really want to invest in one of those truecall thingys, it'd make life so much easier. Well, letter sent today so will see how the land lies, he'll probably just tell me to get stuffed :-)

Hi Fmm,

One of our regular posters (I think it was Inca) says that http://www.amazon.co.uk/product-reviews/B004BTVQ5E is good & costs far less than the above.

I'll give her a nudge

[wales01man]

Re: Bryan Carter Letter - Urgent advice needed

I think we can say that opinion is that money is not the god of good many things in life have no cost like love caring and health, I was brought up by working class parents in a council house we didn't have luxuries we did though have love and happiness that I remember forever my mother came from a generation that had no debts on the scale of those today yet we had a nice home nice food did lots of things as a family and above all all through my life they were my friends as well as parents.
My wife and I had a lot more ten years ago than we have now in monetary terms but in reality we were not as happy suppose having each other means more than anything my feeling mow is the only important things in life are The 2 of us,three sons 4 grandsons and 3 cats nothing else matters much our health not gonna get better but we will survive .
Faith you will come through this the kids will have your love and above all they will respect and love you back,if you did nothing until all the debts were statute barred the DCAs will go away the children will still be there,
Sorry if this is a rant but family come FIRST

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Thank you all so much for the time that you've spent reassuring me and for all your sound advice. I loved reading about your lives and my childhood was no different, brought up (dragged up) in Dublin during a time when the 'Celtic Tiger' was unheard of! Feeling better today, my debts aren't huge but £10K might as well be £100K if you can't pay it.

I'm definitely not trying to keep up with the Jones's Inca (loved your post, you sound great) there wouldn't be any point, they could buy and sell me with their pocket change :tung: We're lucky that we live in Cornwall in the respect that there's nice things to do which don't cost much and the beach is a five minute walk. I suppose I feel that I've fallen short in providing much for their future but, that's how it is and can't do much to change that except make sure they're the kind of people who can make a decent future for themselves.

Thanks again people, it does help enormously to have other perspectives. Thanks for the link Charity, will have a look! Gets embarrassing not answering the phone if I have guests here.

[charitynjw]

Re: Bryan Carter Letter - Urgent advice needed

Inca's just PM'd me to say it wasn't her, & she's going to sue me for everything I've got!

Bang goes the Xmas turkey (but I'll hide the stuffing somewhere that no-one will look!)

:shocked:

[maverick67]

Re: Bryan Carter Letter - Urgent advice needed

It seems they spent more on their motor-cars than on your education. :grin:

Unfortunately I suffer from dyslexia

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

Thank you all so much for the time that you've spent reassuring me and for all your sound advice. I loved reading about your lives and my childhood was no different, brought up (dragged up) in Dublin during a time when the 'Celtic Tiger' was unheard of! Feeling better today, my debts aren't huge but £10K might as well be £100K if you can't pay it.

I have £15k(ish) worth of debt which I haven't paid since January 2010, :evil: when I decided to take the unenforceability route, basically challenging the creditors to produce a properly executed agreement. It's amazing how many can't come up with the goods. :thumb:

There are others I know of, who have taken the same approach with much larger sums. :grin:

[CleverClogs]

Re: Bryan Carter Letter - Urgent advice needed

Unfortunately I suffer from dyxlesia

IYPFFY. msl:

(I also have Irlen syndrome - link - though it only bothers me when using escalators with metal treads, or when reading music.)

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

I have £15k(ish) worth of debt which I haven't paid since January 2010, :evil: when I decided to take the unenforceability route, basically challenging the creditors to produce a properly executed agreement. It's amazing how many can't come up with the goods. :thumb:

There are others I know of, who have taken the same approach with much larger sums. :grin:

Well, I'm sure I dont know anyone like that

:bounce:

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Ok peeps, reply received this morning and reads......

"We write further to your recent request for disclosure under part 31 of the Civil Procedure Rules.

We confirm that if this matter was to be litigated it would most properly be allocated to the Small Claims Track and therefore part 31 of the Civil Procedure Rules would not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly.

It is the policy of the original creditor to issue agreements on or around the date of the contract and statements throughout the duration of the agreement, in this regard we ask you to refer to your own records.

We confirm that we are data processors not data controllers and therefore your requests for copy of communications falls outside our remit as data processors. We confirm that your requests falls under a Subject Access Request and if your require this information, you must put your request in writing addressed to our client direct, together with proof of your identification and enclosing statutory £10.00 administration fee. Our clients address is:- blah blah

Payment should be made via cheque or postal order in favour of "lowell Portfolio 1 Ltd" you must also write you account number on the reverse"

So, what now? Do I expect to receive court papers as of Friday? Any help you can give me would be gratefully received.

[ncf355]

Re: Bryan Carter Letter - Urgent advice needed

Hi,

very standard (it seems) for Lowell to take this tact - they are just trying to avoid the fact they are required to provide such information


The process of issuing via Moneyclaim means they are not obliged to file supporting documentation at issue (if they issued at a local court, they would have to)

Remind me where we are at, they havent actually issued yet?

If this is the case I would imagine a letter along the lines of

"With regard to your recent letter, you are quite correct in that the court have not allocated this claim to a track as yet (as obviously you are yet to issue the said claim).

Therefore, it is my belief that you are compelled under CPR to supply all information previously requested of you.

As such, I await your prompt response to my entirely reasonable request and I enclose a copy of this request for your reference.

Should you issue a claim having failed to provide the required documentation (that would prove your right to attempt enforcement under Section 127 of the Consumer Credit Act 1974 and show general quantum as required of any claim), this matter will be brough to the courts immediate attention with a request for diisclosure and a possible summary strike out of your claim as having no lawful grounds.

I await your response.

Yours faithfully,

X.

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Hi,

very standard (it seems) for Lowell to take this tact - they are just trying to avoid the fact they are required to provide such information


The process of issuing via Moneyclaim means they are not obliged to file supporting documentation at issue (if they issued at a local court, they would have to)

Remind me where we are at, they havent actually issued yet?

If this is the case I would imagine a letter along the lines of

"With regard to your recent letter, you are quite correct in that the court have not allocated this claim to a track as yet (as obviously you are yet to issue the said claim).

Therefore, it is my belief that you are compelled under CPR to supply all information previously requested of you.

As such, I await your prompt response to my entirely reasonable request and I enclose a copy of this request for your reference.

Should you issue a claim having failed to provide the required documentation (that would prove your right to attempt enforcement under Section 127 of the Consumer Credit Act 1974 and show general quantum as required of any claim), this matter will be brough to the courts immediate attention with a request for diisclosure and a possible summary strike out of your claim as having no lawful grounds.

I await your response.

Yours faithfully,

X.

Hi Ncf,

Thanks, yet again, for your help with this. No they haven't issued a claim as yet, I had 14 days from 1st November.

As their letter says, I should have been provided with statements etc. however, I haven't had one for donkeys and I've been unable to log onto Cap1 to view. Should I also go down the SAR route? I wonder how likely it is that they'll serve me with proceedings.

[FlamingParrot]

Re: Bryan Carter Letter - Urgent advice needed

Hi Ncf,

Thanks, yet again, for your help with this. No they haven't issued a claim as yet, I had 14 days from 1st November.

As their letter says, I should have been provided with statements etc. however, I haven't had one for donkeys and I've been unable to log onto Cap1 to view. Should I also go down the SAR route? I wonder how likely it is that they'll serve me with proceedings.

The main point was to reply to their letter, because in many cases, replying to a LBA stops them from issuing proceedings, ray: and if they still go ahead and do it, you'll have proof that you followed the pre-action conduct and asked them for documents to support their claim, and they failed to provide them.:thumb:

You could send a SAR to obtain statements, bearing in mind they have 40 days to respond and, should they issue proceedings, you can't argue you are waiting for a response to your SAR in the same way you can say you are waiting for a response made under the CPR. A SAR should go to the original lender rather than the debt purchaser or solicitors who wouldn't have that information. :typing:

[Faithmovesmountains]

Re: Bryan Carter Letter - Urgent advice needed

Have twiddled with your letter Ncf and, I realise I may be throwing down the gauntlet but.........

Thank you for your letter dated 8^th November. You are quite correct in that the court have not allocated this claim to a track as yet (as obviously you are yet to issue the said claim) You are also correct in your claim that statements should be issued regularly by your client(s) however, I have not been in receipt of them. Therefore, as a firm of Solicitors, I find it difficult to accept that you are unable to substantiate how the sum you would be claiming for has been arrived at.

It is my belief that you are compelled under CPR to supply all information previously requested of you (copy attached) thus engaging with the spirit of the Pre-action protocol and, ultimately, not wasting court time.

Should I find myself in receipt of proceedings prior to this information being received by me, I give notice of my intention to vigorously defend your claim and bring to the attention of the court both your poorly executed Letter Before Claim and failure to provide the required documentation (that would prove your right to attempt enforcement under Section 127 of the Consumer Credit Act 1974 and show general quantum as required of any claim) together with a request for disclosure and a possible summary strike out of your claim as having no lawful grounds.

I await your prompt response.

Yours faithfully,

What do you think? May as well be hanged for a sheep as a lamb!

[Inca]

Re: Bryan Carter Letter - Urgent advice needed

See,Faith, I said the Beagles would have the correct procedures to follow (take note that I don't give financial advice cos I'm truly hopeless at it,,I just bask in their limelight whilst trying to learn :rofl
You're feeling better because you are being pro-active,,taking the swines on and making them work.
What you need to remember is they can't kill you,steal your children or take your Granny's chamberpot hostage (bit of luck her chamberpot is Royal Doulton and worth a fortune in years to come lol)
And...either switch the ringer off or unplug the phone when you have visitors....and if you do answer it never say Hello first cos if it's a call centre ringing you your voice will put the call through to a person. ( I never speak first,,even all these years later,,drives my family insane lol)

[PlanB]

Re: Bryan Carter Letter - Urgent advice needed

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:

^^^^ I think she means me :doggieyes:

Actually it's a whopping £153, 360.87 :scared:

I'm a mother and I've always felt a failure even when I was married to a rich man and we had a villa in Marbella with a swimming pool. Having money never made up for the fact that I was rubbish at making shoebox theatres for my daughter's homework