New here - advice please Lowell/Bryan Carter/Fredrickson

[ditzee]

I have received letter from BC stating that Lowell will issue proceedings against me 7/4/14. I cannot recall when or with whom this loan/credit card was taken out. I lost my job in 2009 and suffer from social anxiety problems and lost my home in 2008. I cannot remember exactly when I last made payments towards my debts but it would have in 2008/2009. Is my first course of action to request a copy of original CCA? If so, do I request from BC or Lowell?

Any help gratefully received.

[FlamingParrot]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

I have received letter from BC stating that Lowell will issue proceedings against me 7/4/14. I cannot recall when or with whom this loan/credit card was taken out. I lost my job in 2009 and suffer from social anxiety problems and lost my home in 2008. I cannot remember exactly when I last made payments towards my debts but it would have in 2008/2009. Is my first course of action to request a copy of original CCA? If so, do I request from BC or Lowell?

Any help gratefully received.

Apologies for not replying earlier.

You should definitely send a CCA request, send it to Lowell by recorded delivery with a PO for £1 and send a copy to Bryan Carter as well. To be on the safe side, I'd send the BC copy also recorded (minus the £1 fee), with a cover letter saying something like "further to your letter dated xx/xx/xxxx, please find attached copy of the CCA request I've sent to Lowell". I'd do this as soon as possible so they get it before the 7th. :thumb:

[ditzee]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Hi Flaming Parrot and many thanks for the reply.
As I had not heard from anyone I decided to send a "prove the debt" letter to Bryan Carter and I also sent them a CCA request with a postal order for £1. I believe the original creditor was Barclaycard. BC should receive both letters tomorrow and I requested proof of signing. Do you think BC will respond with a letter stating that I have to write direct to Lowell? I thought the wording of the CCA request letter stated that they would have to pass on the CCA request if they could not comply and therefore would have to hang back on instigating any court action for the time being. I just wanted a halt to the court proceedings until a CCA can be produced.

[ditzee]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Hi Flaming Parrot

Should I now send another CCA request to Lowell or simply wait to hear from BC seeing as though I have already written to them for CCA?

[FlamingParrot]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Hi Flaming Parrot and many thanks for the reply.
As I had not heard from anyone I decided to send a "prove the debt" letter to Bryan Carter and I also sent them a CCA request with a postal order for £1. I believe the original creditor was Barclaycard. BC should receive both letters tomorrow and I requested proof of signing. Do you think BC will respond with a letter stating that I have to write direct to Lowell? I thought the wording of the CCA request letter stated that they would have to pass on the CCA request if they could not comply

There are several variations of the CCA request letter, I've no idea which one of them you sent. There is one that says something about them not admitting they are the creditor and their duties under assignment, however, that's geared towards DCAs and debt purchasers (such as Lowell), if they've bought the debt, they ARE the creditor, and if they were not the creditor, then they wouldn't be able to issue proceedings by themselves. Solicitors like BC are not creditors, they are acting for the creditor and, in theory, should pass on the request. In practice, I could expect ANYTHING from BC, if they were to be described in a single word, it would be "obstructive".

and therefore would have to hang back on instigating any court action for the time being. I just wanted a halt to the court proceedings until a CCA can be produced.

Yes, that's exactly the idea, furthermore, if they were to issue proceedings, non-compliance with a CCA request is a bar to enforcement. :thumb:

Hi Flaming Parrot

Should I now send another CCA request to Lowell or simply wait to hear from BC seeing as though I have already written to them for CCA?

As you've already sent one, I'd wait to hear from either one of them. If BC write back saying you should send it directly to Lowell then you'd do so, otherwise BC will have to pass on the request. Either way they'd have been informed of your request, which is what we wanted. :grin:

Do post up when you hear something from either of them. :typing:

[ditzee]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Thanks again Flaming Parrot for the prompt response

I did send the CCA request with the wording that stated that if BC were not the creditor they had a duty to pass it on to the creditor - the one you say is directed toward DCA's! As BC state they intended to instigate court action on Monday7/4 I see no point now in sending another CCA request direct to Lowell as even if I posted it SD today I cannot see them contacting BC on Friday to ask them to halt proceedings or am I wrong in thinking this? This was my hope to try and stop court action by Monday! If I thought it would make a difference I would send Lowell a CCA letter today.
I take it that if a summons is issued, and guessing I would receive it by Wednesday 9/4/14 then I should send a CCA request to Lowell as part of my defence if BC have not advised me that this has been done by themselves? I will ask for the correct CCA template if I end up having to do this.

[FlamingParrot]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Thanks again Flaming Parrot for the prompt response

I did send the CCA request with the wording that stated that if BC were not the creditor they had a duty to pass it on to the creditor - the one you say is directed toward DCA's! As BC state they intended to instigate court action on Monday7/4 I see no point now in sending another CCA request direct to Lowell as even if I posted it SD today I cannot see them contacting BC on Friday to ask them to halt proceedings or am I wrong in thinking this?

BC are the solicitors acting for Lowell thus they would decide whether to instigate proceedings or not, that's what Lowell pay them for, to handle things for them. When they issue proceedings you'd normally send a CCA request in the first instance, having done it earlier will give you more time. :clock:

This was my hope to try and stop court action by Monday! If I thought it would make a difference I would send Lowell a CCA letter today.

No, it wouldn't, since BC know about your request, sending another one would only complicate matters further at this stage.

I take it that if a summons is issued, and guessing I would receive it by Wednesday 9/4/14 then I should send a CCA request to Lowell as part of my defence if BC have not advised me that this has been done by themselves? I will ask for the correct CCA template if I end up having to do this.

Not quite. You've already sent the CCA request so you've got that covered. If they issued proceedings, you'd acknowledge the claim and state your intention to defend it in full. You'd then send a CPR 31.14 letter to BC which would be a separate request for documents including the agreement. You wouldn't include a CCA request as part of your defence but if you get no response, you can use that fact in your defence. We're getting a bit ahead of ourselves here, let's see what happens next. If you hear anything from Lowell or BC, do post up here before doing anything. :typing:

[ditzee]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

FlamingParrot,
You are a star. Sorry to harp on but just feeling so stressed. I will sit tight now and wait to hear from BC. I will make sure I post on here first before taking my next steps....:tape:

[ditzee]

Re: New here - advice please Lowell/Bryan Carter/Fredrickson

Just a quick update. I have received a letter from BC today stating they have referred the matter to their client Lowell and the account is on hold for the time being. I will keep you posted