Bryan Carter CCJ Lowell 2005!?

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

As i said previously i've only ever had a barclaycard. Never had any credit from anyone else, not even a mobile and that includes buying furniture or anything on 'tick'. Just never done it.
Another update, they sent me these

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

So can they really get my defence exponged if I don't reply to them? Apologies for all the questions.

[Amethyst]

Re: Bryan Carter CCJ Lowell 2005!?

They can apply to have the defence set aside but won't succeed based on the information you have given us. Sending the uncompleted consent order is to scare you into agreeing to pay them. Probably because they now know you know the debt is SB so they wont get their 'ccj.


Have you checked your credit file? (just in case this was some form of id fraud thing it might show up tho I expect it'd be clear as it's well over 6 years)

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Thanks for the reply checked the credit file there's nothing there, nothing at all! no sign of any debt or anything! Do you think i should reply or just leave it?

[Amethyst]

Re: Bryan Carter CCJ Lowell 2005!?

Well definitely don't fill in the consent order (in case you had thought about it :tinysmile_aha_t: lol)

I'm not sure whether replying is a good idea or not, it's so laughable that they think you'd even consider signing a consent order on a debt they have no paperwork for and is so obviously statute barred that it really doesn't feel worth the price of a stamp. The letter is without prejudice so they can't use it in court, though possibly it could be construed as an offer to settle, any reply would only be reiterating your defence. I'll have a think on it, and see if anyone else thinks differently.

Not surprised on the credit file. This could be a case of 'mistaken identity' or mearly speculative as you might have a similar name to the actual debtor. Just thought you should check in case there were any searches etc by Lowells/Freds/BC on there.

Oh yes, just to confirm we are all on same page can you paste up the defence that you entered pls.

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Well definitely don't fill in the consent order (in case you had thought about it :tinysmile_aha_t: lol)

I'm not sure whether replying is a good idea or not, it's so laughable that they think you'd even consider signing a consent order on a debt they have no paperwork for and is so obviously statute barred that it really doesn't feel worth the price of a stamp. The letter is without prejudice so they can't use it in court, though possibly it could be construed as an offer to settle, any reply would only be reiterating your defence. I'll have a think on it, and see if anyone else thinks differently.

Not surprised on the credit file. This could be a case of 'mistaken identity' or mearly speculative as you might have a similar name to the actual debtor. Just thought you should check in case there were any searches etc by Lowells/Freds/BC on there.

Oh yes, just to confirm we are all on same page can you paste up the defence that you entered pls.

Thanks Amethyst. I wasn't going to send the form back but was confused at why they think i would and if it would impact on me if i didn't. I didn't want to do nothing and then somehow be punished for it!!

I asked for paperwork they told me they're not a data storage company.

then in my defence i put in what someone previously said to put which was this

1. The Claimant's claim was issued on the 1st of November 2013.
2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
3. The Claimant's claim to be entitled to payment of £525.50 or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

I checked the credit file for searches and although it only goes back 2 years there's nothing on there from anything that resembles these guys just a mortgage application and a gambling site.

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Thanks Amethyst. I wasn't going to send the form back but was confused at why they think i would and if it would impact on me if i didn't. I didn't want to do nothing and then somehow be punished for it!!

As ever, there's no end to Lowell's dirty tricks! :mad2: :mad2: :mad2:

Lowell usually issue SDs when they know they wouldn't stand a chance of obtaining judgment. As the amount here was below the threshold, they took the CCJ route, hoping to obtain default judgment. When you decided to defend, they tried to fool you with a consent order.

I asked for paperwork they told me they're not a data storage company.

:scared: :scared: :scared: If they are demanding payment, they should supply paperwork. I could obtain your name and address and log onto the MCOL site and issue a claim against you! Anyone can do that!

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Another update!! Got this in the post today. Really making me feel like i need to respond in some way. Also why have they not included a copy of the defence?

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Morning All, apologies once more for dragging this on but is the general consensus that i should complete a return the form?

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

One last ask before i complete the form and send it off. Really appreciate everyones help.

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Just wanted to update everyone, Bryan Carter sent me a notice of discontinuance today! Pains me to think that others who have gone through this have got worried and paid up etc etc. Absolute scum they are but at least it's over!

Thanks for everyone's help!

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Just wanted to update everyone, Bryan Carter sent me a notice of discontinuance today! Pains me to think that others who have gone through this have got worried and paid up etc etc. Absolute scum they are but at least it's over!

Thanks for everyone's help!

WOW! That's brilliant news!!! :whoo: :whoo: :whoo:

:cheer2::cheer2::cheer2::cheer2::cheer2:

Goes to show it's most certainly worth fighting them! :high5:

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

got a letter today from Lowell finance asking for the money, the same company that instructed Bryan carter in the first place. What the hell is going on, is it worth contacting them? I don't want a point of contact being assumed I'm the person who holds the debt but then i don't want to go through the hassle and stress of what happened before again.

[Amethyst]

Re: Bryan Carter CCJ Lowell 2005!?

I'd file it under I for Ignore (keep it for future ref though) and not contact them at all. They can't bring another claim on the same cause of action as they discontinued formally. They would have to apply to the court to bring the case again. Probably just autoletters sent on their 3 month mailshot list, we know BC aren't great at communicating with Lowell so hopefully it's just a sign of poor admin and you won't hear again till January - anything else that sounds more serious or letter before action ish then let us know.

[Amethyst]

Re: Bryan Carter CCJ Lowell 2005!?

Just read back a bit, took them a bloody long time to discontinue didn't it ! Completely understand you being a little concerned they might try and put you through all that again.

You could write back to say - this is stat barred, you tried court and discontinued, don't contact me again or will report to FCA etc - though I would be inclined to hold off as this is just one letter, if you get another it could be worthwhile stating your position.