Another one for the mum :)

[SomeonesSon]

Hi all,

I'm another one helping his mum (awwww)

But in all seriousness I'm really late to the party here and for that I apologize.

Bit of background although I think I should probably post this within the 'Lowell Group' forum.Recently Mum received a letter from 'Bryan Carter Solicitors' (dated 22 Nov 2013) stating they will be issuing court proceedings on the 6th Dec if payment is not received by said date. This is on behalf of Lowell Financial Limited and mentions a CCJ at the bottom.

Tbh we don't actually know what this debt is from, it is for a little over £700. I've attached a copy.
http://tinypic.com/view.php?pic=2lu9...5#.Up2uNNJdVqk

The only thing we can think of is bank charges from an account roughly 4yrs ago

I'm assuming I need to send some form of 'prove it' letter but I'm unsure.
Any help greatly appreciated

Tony

[FlamingParrot]

Re: Another one for the mum

Hi and welcome to LB!

Brian Carter and Lowell seem determined to issue as many claims as they can before Xmas! :santa_cheesy:

You may want to look at this thread which is very similar. It looks like a lot of those are old catalogue debts: http://www.legalbeagles.info/forums/...er-Please-help

[FlamingParrot]

Re: Another one for the mum

You'll need to send them a letter such as this one:

It would appear from what you say that the letter is intended to be a letter before claim/action. This merits a robust response.

Dear Mr Carter,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

The pre action protocols dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the 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.

If financial loss is claimed, an explanation of how the amount has been calculated.

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in debt matters however that advice is limited until compliance with the above faults is achieved.

Yours etc

Have a read http://www.justice.gov.uk/courts/pro...action_conduct and adapt that to suit your circumstances.

M1

[FlamingParrot]

Re: Another one for the mum

You can also hit them with a CCA request. You'd normally send the CCA request to the creditor (Lowell) and a copy to the solicitors (BC). CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. No need to send the £1 fee with the copy for BC. That should keep them quiet until their clients comply! :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[SomeonesSon]

Re: Another one for the mum

Thank you very much for such a speedy reply, wasn't expected so quickly!

I will get a copy of those letters sent off asap.

As I am so close to the the deadline they have stated, should I send these letters special delivery so they receive before the 6th?

[FlamingParrot]

Re: Another one for the mum

Thank you very much for such a speedy reply, wasn't expected so quickly!

I will get a copy of those letters sent off asap.

As I am so close to the the deadline they have stated, should I send these letters special delivery so they receive before the 6th?

If you don't mind the £4+ cost... Just the letter to BC with a copy of the CCA request you're sending to Lowell should ideally get there before Friday, the CCA to Lowell can go by standard recorded delivery, they're not going to reply in 14 days because they won't be able to obtain the documents, the main point is to stop BC issuing a claim on the 6th as they may well do, going by other threads here.

[SomeonesSon]

Re: Another one for the mum

I would rather pay the postage cost so I at least know they get it beforehand then.

Once again thank you very much.

Tony