WON! Bryan Carter Lowell County Court Form. discontinued.

[mystery1]

Re: Bryan Carter Lowell County Court Form

Nice result.

M1

[FlamingParrot]

Re: Bryan Carter Lowell County Court Form

Lo and Behold, i do receive something alright. Just got home to a letter from Bryan, it is a Notice of Discontinuance!!!! This letter is the happiest thing to have happened to me in the months that this started. I am more than extremely happy and thankful to those that stuck with me throughout this process and to those that offered up their time to me.

WELL DONE!

Your success should encourage dozens of others here who are being bullied and stressed by Bryan Carter, who refuse to provide documents and refuse to grant extensions.

[Legal]

Re: Bryan Carter Lowell County Court Form

I just need to find out how to get Lowell to remove the default they placed on my credit file since 2010. How do i go about this?

[FlamingParrot]

Re: Bryan Carter Lowell County Court Form

I just need to find out how to get Lowell to remove the default they placed on my credit file since 2010. How do i go about this?

When was the original default date? If it was earlier than 2010, then you should write to Lowell in the first instance, asking them to correct the entry, you may want to quote the relevant part of the ICO Technical Guidance as below. If they refuse, then you should contact the ICO. Attach any correspondence you may have to prove that the default was incorrectly recorded, such as a DN, notice of sums in arrears, or anything that shows you defaulted earlier than 2010. :thumb:

The sale or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

[des8]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

. Attach any correspondence you may have to prove that the default was incorrectly recorded, such as a DN, notice of sums in arrears, or anything that shows you defaulted earlier than 2010. :thumb:

OP denies there ever was a default. The default should be removed on request, and if it isn't take action under section 13 of the data protection act, and seek an order for the destruction of those records under section 14.
You can then sue them in CC, but you may have trouble quantifying your losses.

[CleverClogs]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

How many more such cases must there be, before Bwyan Carter is taken to task over such abuse of the courts, or Bowells is declared to be a vexatious litigant?

[Legal]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

I only saw the default registered against me because of this court case, i wasn't aware of it prior to that. So, do i just send Lowell a letter demanding they remove the default? Or is there a certain form that i'm required to fill out?

[des8]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

I would just write demanding they remove the default, within a specified period (?2 weeks), and failure to comply will result in action under Data Protection Act.(only threaten that if you intend to carry the threat through)
Others more versed in these matters will doubtlessly have other more appropriate advice.

[FlamingParrot]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

I would just write demanding they remove the default, within a specified period (?2 weeks), and failure to comply will result in action under Data Protection Act.(only threaten that if you intend to carry the threat through)

The next step would be to complain to the ICO which anyone can do, as long as there has been a previous complaint to the company and they have refused to comply with a reasonable request.

[Legal]

Re: WON! Bryan Carter Lowell County Court Form. discontinued.

Just spoke to someone at the county court whom confirmed the discontinuance. All that's left now is to send Lowell

"We have now received a Notice of Discontinuance from your Solicitor Bryan Carter via letter, which was dated 18^th February 2014. This has also been confirmed with my local county court.


We now draw your attention to the falsely recorded default on our credit file, of which we were unaware of until we received the first correspondence from your solicitor.


We now demand that this default be taken off our credit file by notifying all the credit agency you are currently reporting to.


Please note that you have 14 days from the date on this notification letter to put this into action. Failure to do this will result in further action being taken. When this has been actioned, we will like to be notified via letter."

This is what i have drafted to be sent to Lowell. Is it ok?