county court bryan carter solicitor /lowell portfolio

[jefstudent]

Re: please help got claim form from county court today

Hi,

Can anyone help me prepare for the case please please really appreciate any help

thanks

[Amethyst]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

HI jef, is that all they sent? Do you have terms and conditions signed that have clause 8;10;23 etc ... as referenced at top of PDF page. So sorry for not replying earlier.

[Amethyst]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

Also what date was last payment, I realise ;14 is a typo so just checking

Passing it on to the local court is fine.

[jefstudent]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

I received a letter stating Stay, Referral to mediation from county court letter saying that they have considered my case and think that i should get opportunity to free mediation service. I should contact them in next 7 days.

further on it says failing settlement, claimant shall within 3 weeks of the end of the stay deliver to the court office and defendant clear copies of

the contract
default notices
notice of assignment
evidence of service of notices
and uptodate statement of debt.

please advice what shall i do next

thanks

[jefstudent]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

bump

[Amethyst]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

I'd take that as good news, they have been ordered to produce the documents evidencing their claim.

It does seem a little bit daft putting mediation before production of the documents though, but if you wanted to try and settle the debt now it might be an opportunity, as you have already had some of the documents requested, however there is quite a lot they haven't yet provided. You could call the court and say you have already spoken with the mediation team and that they were unable to assist as you needed the documents first.

Did they send you the additional terms (those containing the clauses mentioned at the top of the terms page from the reverse of the agreement?)

[jefstudent]

Re: Please help got claim form from county court bryan carter solicitor /lowell portf

Thanks alot for that.

Yes I was thinking about it but then does that mean I will given an earlier date to attend the court. Last time when mediation rang me they said they can only help me in settlement and cannot ask or force claimant to produce the documents. So there is no use what so ever in getting mediation involved apart from giving me some extra time.

The only worry I have got is that I have started a new job and it can cause really adverse effect on my job for having a CCJ but on the other hand I do not just want them to win just like that after coming such a long way.

And regarding the additional documents with all the clauses. There isn't any. Its just those 2 pages I uploaded earlier. One with my signature and the second is barely readable.

Thanks

[jefstudent]

Re: county court bryan carter solicitor /lowell portfolio

any advice please

[Amethyst]

Re: county court bryan carter solicitor /lowell portfolio

I think that you shouldn't worry, you're not suitable for mediation as you still havent had the docs, so see if you get the documents in the next three / four weeks. If they show up you can then negotiate (if you want to to make an arrangement outside of court) , if they don't, unfortunately there doesn't appear to be a sanction listed dpi them failing to comply with the order but you can ask to strike it out then.

The response to the cca request is lacking so they have that to fix too before the claim can go anywhere.

[Amethyst]

Re: county court bryan carter solicitor /lowell portfolio

Notice of Discontinuance? That's good news, means they are pulling out If you can post up a copy of the letter we can double check.

[jefstudent]

Re: county court bryan carter solicitor /lowell portfolio

HI Amethyst,

Thanks alot for that. Just cannot find words to say thanks for all your support and guidance. I really do hope that, this should be the end of it but yes if you can please confirm.

I have attached the letter sent to me.

thanks

[Amethyst]

Re: county court bryan carter solicitor /lowell portfolio

Congratulations ... been a bit of a long slog but you've won

I'll have to read back properly, do you have costs to claim from them?

Also, your statute barred date will pick up where it left off, when was last payment again? Ie. If you reach stat barred now they cant come back for a nother go

[jefstudent]

Re: county court bryan carter solicitor /lowell portfolio

That is a bit of issue now. I think far as I remember, I was laid out of my job in 10- 2007 so, all my account payments were stopped around Mar-2008. But I do remember speaking to debt management company and paying them £100 for their management charges but don't know if they have paid it out to creditors as well or not.

But Lowell was saying that there has been two payments registered in 2011 according to their records. So don't know where I will stand with that.

thanks

[Amethyst]

Re: county court bryan carter solicitor /lowell portfolio

That is a bit of issue now. I think far as I remember, I was laid out of my job in 10- 2007 so, all my account payments were stopped around Mar-2008. But I do remember speaking to debt management company and paying them £100 for their management charges but don't know if they have paid it out to creditors as well or not.

But Lowell was saying that there has been two payments registered in 2011 according to their records. So don't know where I will stand with that.

thanks

Random £3 and £10 payments no doubt, they like inventing payments lately. I expect Stat Barring was March 2008 then - so March 2014 .... in which case you're home dry

I wouldn't worry, they can't do anything unless they got the documents and would have a job picking it up again at the court anyway - they've had their chance, I doubt you'll hear much else from them.

And no worries at all, t'is why we're here. xx

[jefstudent]

Re: county court bryan carter solicitor /lowell portfolio

Thanks for that. I have just checked my credit file and it still shows Lowell debts of the sum amount and default date is 15-08-2014 but last payment I made to Capital One was around March;2008.

Can I ask Lowell to remove this information or write to Credit reference agencies in order to remove this incorrect information?

Please advise.