Bryan Carter CCJ Lowell 2005!?

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

actually take it back, found the password! Thanks though FP:tinysmile_twink_t2:

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

SO done it all through the website. I'll keep you guys updated with what happens, owe you a drink!

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

Can no sanction be applied to Bryan Carter for having tried to sue on an alleged debt that even a first year law student would know was Statute Barred?

And how about Carter's clients, the Leeds losers?

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Can no sanction be applied to Bryan Carter for having tried to sue on an alleged debt that even a first year law student would know was Statute Barred?

I can think of a few

And how about Carter's clients, the Leeds losers?

Those are my favourites!

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

The only rational explanation I can imagine is that the debt is not actually Statute Barred - but was never incurred by the OP.

The original debtor may have been paying a pound a month to the original creditor when Lowells purchased the debt back in 2005 and subsequently stopped paying in 2008 or later, perhaps because Lowells could not satisfy a s.77 or s. 78 request, or because the debtor had died. Lowells may have sent their usual threat-o-grams to the debtor's address, which impolite missives were either ignored or returned, marked "Gone away".

Then Lowells traced the OP, on the basis of a similar name, and got Bryan Carter to issue the claim.

[ODC]

Re: Bryan Carter CCJ Lowell 2005!?

Maybe this would be a good one for Celestine to add to her portfolio. Both she and the OP could punish the Leeds Losers and Bryan financially.

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

It is my belief that the SRA should jump all over Bwyan Carter's operations.

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

Those are my favourites!

Couldn't you find one of Uncle Bwyan swinging from his goolies? msl:

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

The only rational explanation I can imagine is that the debt is not actually Statute Barred - but was never incurred by the OP.

The original debtor may have been paying a pound a month to the original creditor when Lowells purchased the debt back in 2005 and subsequently stopped paying in 2008 or later, perhaps because Lowells could not satisfy a s.77 or s. 78 request, or because the debtor had died. Lowells may have sent their usual threat-o-grams to the debtor's address, which impolite missives were either ignored or returned, marked "Gone away".

Then Lowells traced the OP, on the basis of a similar name, and got Bryan Carter to issue the claim.

Still doesn't explain why they would wait so many years before issuing a claim for such a small amount. Making token payments doesn't preclude court action.

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

UPDATE!
Ok so had a letter from the mcc saying they received my defence etc etc but today got one from BC saying they wish to proceed with the claim(also copied me into a letter sent to the court telling them the client wishes to proceed). They also agree in principle to mediation and "we should also be grateful to hear from you in relation to 'without prejudice' negotiations.

What do you guys think is the best next move? Thanks as always.

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

What do you guys think is the best next move?

Does Celestine want yet another pair of posh shoes? msl:

[Amethyst]

Re: Bryan Carter CCJ Lowell 2005!?

Well there's nothing to negotiate is there.

Have they sent an allocation form with a mediation tick box on ?

Might be useful if you type up or scan in the letter you have received.

[Galahad]

Re: Bryan Carter CCJ Lowell 2005!?

Firstly if I may, Creation Finance do a lot of Motor Insurance stuff. I'm with Liverpool Victoria for my traders policy, but I actually pay in installments to Creation Finance.

Now thats out the way.

There is nothing to negotiate, they are out of time, its statute barred, and there is no mediation to go through either, sounds like the last throw of the dice before they realise they aint getting a penny. Someone more learned will know the correct format letter to write, but there is not much else to discuss and they know it.

[PlanB]

Re: Bryan Carter CCJ Lowell 2005!?

Again never heard of creation finance. I've only ever had a barclaycard in my life, no over forms of credit at all bar an overdraft

Creation Finance provide credit for their retail partners such as Argos, dfs, PC World and Currys. Did you ever buy something like a computer or a sofa on an interest free deal? When the introductory period finished customers were often left with exit charges and penalty interest etc. The POC hints at this type of product.

You say you were travelling Asia in 2005 which means you would not have got any NOA or correspondence from Lowell even if they sent it unless you had a mail forwarding arrangement.

Also check your old bank statements to see if you were paying for a purchase by instalments (not the same thing as a credit card or loan) by direct debit which may have gone on longer than 2005 in case that could scupper your SB argument.

We have a poster on here who is being taken to court for £800 for a pair of shoes costing £40 which he forgot about when he went to live in Italy a few years ago.

[CleverClogs]

Re: Bryan Carter CCJ Lowell 2005!?

We have a poster on here who is being taken to court for £800 for a pair of shoes costing £40 which he forgot about when he went to live in Italy a few years ago.

Is that claim better than a lot of cobblers' ? :grin: