lowell and bryan carter

[pigginpie]

Hi guys don't really know what to do back in 2007 i put me head in the sand and stopped paying lloyds tsb credit card lowell bought the debt in 2012 and have been sending letters for approx the last 18 months and now bryan carters solicitors have sent a really threatening letter giving 14 days to pay or face legal action the original debt defaulted on the 28/3/2008 the last time i acknowledge the debt was september 2007 , do i just offer to pay back or wait for the court ruling , not to clued up on this feeling ill with worry any advice please

[pigginpie]

Re: lowell and bryan carter

Have i posted this in the right place ?

[Amethyst]

Re: lowell and bryan carter

Right place, wrong time, sometimes posts made in the small hours get buried in the morning rush, so my apologies for missing this.

You sound like your debt may be Statute Barred (6 years in England) in which case you have an absolute defence to any claim. The statute barred date will run from pretty much the month after you made the last payment, so possibly October/November 2007.

You should send a CCA request to Lowells just as back up - http://www.legalbeagles.info/forums/...y-of-Agreement - and if you do that now it may prevent them bringing a court action. If they don't supply the agreement and then bring court action you have that as a secondary defence to their claim.

We could also send them a letter informing them the debt is statute barred now if you are pretty certain on the dates.

If they do bring a court action you will receive a claim form from the court which you can then enter, online, a defence to. It certainly isn't a case of a done deal with a court ruling and if the dates work out that the debt is stat barred that will be the end of it, the hassle and the letters. We'll help you all the way through Just nudge one of us by private message (click on my name above then select Send Private Message) if you post early hours though in case your post gets buried again.

Try not to worry, we see hundreds of claims from BC and Lowell and have some pretty experienced peeps to help you out with dealing with them. We also see lots of peeps who have understandably just hidden from their debts for a long while, they can always be sorted one way or another xx

[pigginpie]

Re: lowell and bryan carter

Thanks very much for the response amethyst starting to feel better already , i'm 100% sure my last payment was late 2007 , i will send the CCA request to lowlifes and see what happens next kind regards piggy x

[Nottingham2013]

Re: lowell and bryan carter

SAR Lloyds as well, it's that long ago its near impossible to know for sure on the dates.

[Nottingham2013]

Re: lowell and bryan carter

Or if they do still press for it after the CCA send them a statute barred letter but be careful to word it in a way that shows no liability. Make it clear you do not acknowledge the debt.

[jon1965]

Re: lowell and bryan carter

They may argue that it is not SB until 6 years from the default date I know some creditors are saying that. However if you do send them a letter saying it is SB the onus is on them to prove otherwise.

[pigginpie]

Re: lowell and bryan carter

Just one quick question can i still send a cca request even if i recieve court papers

[Amethyst]

Re: lowell and bryan carter

Yes, but best to send it off before...or have you received them?

[pigginpie]

Re: lowell and bryan carter

No not recieved them but the letter of bryan carter was dated 5th feb which gave me 14 days to contact fredricksons or they will recommend legal action , maybe getting ahead of meself so was just asking just incase . thanks x

[pigginpie]

Re: lowell and bryan carter

ps do i send it to lowells fredricksons or carters

[Amethyst]

Re: lowell and bryan carter

Ahhh no you're fine to send the CCA request now.

Did you want to send a Stat Barred letter now to BC ?

Creditor or DCA Name
Creditor or DCA Address
Town
County
Postcode





Dear Sir/Madam

Re: Account No/Your Ref: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to s.40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[Amethyst]

Re: lowell and bryan carter

ps do i send it to lowells fredricksons or carters

Lowells as they are the new 'creditor'.

[pigginpie]

Re: lowell and bryan carter

Would you say that is the best option to send the sb letter

[Amethyst]

Re: lowell and bryan carter

I think send the SB letter to Bryan Carters, and the CCA letter to Lowells and this may just all vanish.

On the other hand they may come back with a court claim but you have shown you have acted properly in questionning the debt so should have no problems with a defence.

Neither the CCA or SB letter can be classed as an acknowledgment of a debt.