bryan carter , fredrickson, lowell

[em270109]

Hi everyone
please help

I have had problems with Lowell since last year , l didn't know about this until maybe septembet last year when Lowell wrote to me demanding me to pay £441
l then wrote them this letter Dear Fredrickson, Account no: (number)You have contacted me regarding the account with the above reference number, which you claim is owed by myself.I would point out that I have no knowledge of any such debt being owed to lowell.I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.I would also point out that the OFT says under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I/we look forward to your reply.Yours sincerely,


then l received a reply in November which l will attach on here , after that it all went quite until yesterday l received a letter from bryan carter , which l will also attach to the thread , lm not sure what would be my next step on this
lm trying to upload the second later from yesterday , l seem not to be having any luck , will try again

[em270109]

Re: bryan carter , fredrickson, lowell

l seem not to be having luck in uploading the letters so have decided to write them on here , the second letter after l sent fredrickson the above letter they then replied me and said

We thank you for your communications regarding this account , we have referred this matter to our client and we will revert to you soon as we are in receipt of instructions, in the meantime, we confirm that we have placed your account on hold
yours sincerely fredrickson

then from there l did not hear anything until yesterday, l received this letter from bryan carter

we have been instructed by fredrickson on behalf of Lowell to issue court proceedings on 3 march 2014 if payment of this debt is not received by us by this date . if proceedings issued , solicitors costs, court fees, interest will be added to the amount you owe and will be enforced against you if judgement is subsequently obtained . you must contact 08450349918 before 3 march to make payment if you wish to avoid the matter going to court
please see reverse of this letter for full details of different types of payment methods we can accept, you can also manage your account online at www.bryancartersolicitors.co.uk
if you dispute liability for this debt please provide your reasons n writng and supply us with documents in support of any defence you may have
a judgement order (ccj) will remain on register of judgement debts for period of 6 years and may affect your ability to obtain credit in future , this matter has now reached a stage where you may want to obtain independent legal advice
yours sincerely , bryan carter


what do l do with this because fredrickson said hey would get back to me which they never did after their letter until yesterday when l get this letter from bryan carter

[FlamingParrot]

Re: bryan carter , fredrickson, lowell

Hi and welcome!

l seem not to be having luck in uploading the letters so have decided to write them on here , the second letter after l sent fredrickson the above letter they then replied me and said

You may want to look at this thread: http://www.legalbeagles.info/forums/...r-details-safe!)

We thank you for your communications regarding this account , we have referred this matter to our client and we will revert to you soon as we are in receipt of instructions, in the meantime, we confirm that we have placed your account on hold
yours sincerely fredrickson

then from there l did not hear anything until yesterday, l received this letter from bryan carter

we have been instructed by fredrickson on behalf of Lowell to issue court proceedings on 3 march 2014 if payment of this debt is not received by us by this date .

As we all know, Bryan Carter DO issue proceedings, so you should treat that as a letter before action/letter of claim, and respond accordingly, as below. Send the letter recorded delivery so you can track it. :thumb:

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter of xx/xx/2014, the contents of which I have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. Since you are a firm of solicitors, such failures cannot be excused, and I place you on notice that I have asked for copies of documents and you have failed to send them to me. If proceedings are issued, I will inform the court of this and ask for sanctions to be imposed as per paragraph 4 of the Practice Direction. Paragraph 4.4 cites “without good reason, not disclosed documents requested to be disclosed” as an example of non compliance.

I refer you to the Civil Procedure Rules Pre Action Protocol Practice Direction, in particular, Annex A;

Paragraph 2.2 of Annex A states that the letter should "list the essential documents on which the claimant intends to rely", your letter contains no such list of documents.

Paragraph 3.2 of Annex A allows me to "request further information to enable [me] to provide a full response." The information I require is within the documents I request.

Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I request the following documents:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

These are documents I would expect to be disclosed if proceedings were issued and which should be in your possession before you issue a claim, so I expect no difficulty in supplying them.

Upon receipt of the documents requested and your reply to the above, I will be in a position to provide you with a full response so that the issues can be identified and I'm also willing to consider alternative dispute resolution upon receipt of the documents requested.

Yours faithfully

[FlamingParrot]

Re: bryan carter , fredrickson, lowell

I can't see on your thread what this debt is actually for, :noidea: if it's for a loan, credit card or catalogue account, you should send a CCA request to Lowell, however, that wouldn't apply if this was an overdraft or a mobile contract.

If applicable, send the letter below, recorded delivery with a PO for £1.00 to Lowell, who would have 14 days to respond. I'd send a copy to Bryan Carter (without the fee). Sign it digitally using a computer font and not your real signature. :tumb:

Dear Sirs

Ref: xxxxxxxx

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. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and return the fee.

Yours faithfully,

[em270109]

Re: bryan carter , fredrickson, lowell

it was a mobile contract, that l refused to pay end of October as l disputed the charges , after making phone calls and getting no where, l asked them to cancel my contract which never happened until 4 months after, which the amount had gone up to that £441,
when l tried contacting them after getting fredrickson letter they still said l owed that much l should have contacted them when l got the final bill, but l had tried before and felt l had not got anywhere, which maybe if l had known l mcould ask for help l would have but l didn't then
I must have received letters from Lowell but , l only saw two which l ignored thinking its fraud ,l didn't know I had been passed on
so d l send the first letter you have sent me to bryan carter then the second with a £1 to Lowell ??

thank you x

[em270109]

Re: bryan carter , fredrickson, lowell

sorry forgot to say October 2011 ,

[FlamingParrot]

Re: bryan carter , fredrickson, lowell

it was a mobile contract, that l refused to pay end of October as l disputed the charges , after making phone calls and getting no where, l asked them to cancel my contract which never happened until 4 months after, which the amount had gone up to that £441,
when l tried contacting them after getting fredrickson letter they still said l owed that much l should have contacted them when l got the final bill, but l had tried before and felt l had not got anywhere, which maybe if l had known l mcould ask for help l would have but l didn't then
I must have received letters from Lowell but , l only saw two which l ignored thinking its fraud ,l didn't know I had been passed on
so d l send the first letter you have sent me to bryan carter then the second with a £1 to Lowell ??

thank you x

Send the first letter to Bryan Carter but not the second letter to Lowell, a CCA request wouldn't apply to a mobile contract.

[em270109]

Re: bryan carter , fredrickson, lowell

Hi everyone, last week l sent the letter requesting documents from bryan carter and this is thereply l have received today , lm not sure how l go about this, lm just stressed with this bryan carter because l cannot afford to pay this as lm currently studying full time and already struggling myself , here is the letter they sent me , please help me legalbeagles, thank you in advance
DEAR ....
thank you for your recent letter dated 25 feb 2014, the content in which we note. We believe that our client has complied with the pre-action protocol so far as it applies to this matter
For the avoidance of doubt however the monies due may be paid to us by direct debit, bank standing order, cash, cheque, debit card, payment card, or postal order. Please see our notepaper for details of our address and telephone number.
We confirm that a list of organisations where independent advice could be obtained was provided on overleaf of our client’s agent’s notepaper
In relation to your request for documents it is original creditor’s policy to provide agreements to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt
If you require copies of documentation your request should be made directly to our client at the address below
Lowell financial ltd
PO Box 172, Enterprise House, 1 Apex View, LEEDS. LS11 9BH
Yours sincerely, bryan carter

[em270109]

Re: bryan carter , fredrickson, lowell

Send the first letter to Bryan Carter but not the second letter to Lowell, a CCA request wouldn't apply to a mobile contract.

I have sent the about letter and received a letter back from bryan carter yesterday , lm confused on what to do next , lm really in need of help , do l send Lowell a letter , do l let them take me to court or do l offer them half amount to settle this bill, lm just stressed l cant handle this hassle anymore
any advice l would appreciate , thanx

[Amethyst]

Re: bryan carter , fredrickson, lowell

Personally, as you aren't subject to a court claim as yet and they have said the account is on hold, and if you require copies of documentation, to see how the account is made up, as they said, your request should be made directly to Lowells.


If you believe you do owe the bill (or some of it) and just want it out your hair, and it won't cause you hardship to come to a settlement, then to avoid court action and related stresses then you could speak with Lowell about a full and final settlement - or an installment payment arrangement to avoid it going to court.

[em270109]

Re: bryan carter , fredrickson, lowell

Personally, as you aren't subject to a court claim as yet and they have said the account is on hold, and if you require copies of documentation, to see how the account is made up, as they said, your request should be made directly to Lowells.


If you believe you do owe the bill (or some of it) and just want it out your hair, and it won't cause you hardship to come to a settlement, then to avoid court action and related stresses then you could speak with Lowell about a full and final settlement - or an installment payment arrangement to avoid it going to court.

thank you for your reply,
I do believe l owe some of the bill , and to be honest l just want it out of my hair as lm in uni and trying to concentrate with my work , l cant as soon as l get this letters coming in l just get stressed
l received this letter yesterday from bryan carter thank you for your recent letter dated 25 feb 2014, the content in which we note. We believe that our client has complied with the pre-action protocol so far as it applies to this matter
For the avoidance of doubt however the monies due may be paid to us by direct debit, bank standing order, cash, cheque, debit card, payment card, or postal order. Please see our notepaper for details of our address and telephone number.
We confirm that a list of organisations where independent advice could be obtained was provided on overleaf of our client’s agent’s notepaper
In relation to your request for documents it is original creditor’s policy to provide agreements to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt
If you require copies of documentation your request should be made directly to our client at the address below
Lowell financial ltd
PO Box 172, Enterprise House, 1 Apex View, LEEDS. LS11 9BH
Yours sincerely, bryan carter

what l don't know is do l contact Lowell, ?? do l offer them settlement , if so how can l go doing that?? the other thing is lm afraid to be taken to court just incase l end up having charges on top,
l don't even have half of the money , at the same time l don't even know who l am dealing with, regarding bryan carter saying l pay them