Yet another Bryan Carter/ Lowell Thread

[welshspark]

Hey there

im after some opinions... seeing as this forum is so full of stories about Bryan carter solicitors!!.

About 4 weeks ago.

I received out of the blue... A Court Claim form for an outstanding debt of £450.. This debt was defaulted June 2007.. I spoke to Bryan Carters... to discuss settlement..as far as I was aware I had made a payment in Novemember 2008, according to my records.

During the Conversation, the gentleman I spoke to said, settlement was not an option now... Trying it on I mentioned to him, that I may have to defend the case as I believe it to be statute barred as the default date was June 2007. he quickly told me that I had last made a payment in November 2008.. and that it wasn't.. which I knew already.

I ended up paying for this debt 2 weeks ago.

A day after paying for this debt, I received a call from bryan carters to comfirm that the payment was processed, and that they wanted to discuss another account on my file..

this account was for a credit card which defaulted July 2008.. but I know for a fact that the last payment was made November 2007. I know this because I had done a SAR Request to Lloyds, at the beginning of the year! this is probably how they ended up getting my new address..

When I spoke to the lady.. I explained that this debt was statute barred... This next bit will not surprise most of you...... I explained to her that the last payment was in November 2007 and the debt is statute barred...... she quickly reminded me that its the default date which the 6 years goes by and not from the last payment.

HAHA the cheek of it.

Anyhows.#

I explained to her no more telephone calls, all correspondence in writing now please. Knowing that I would probably get a court claim form within a week or to, I decided to get in there first and fire off a statute barred letter to them, explaining the debt was statute barred, and they have 21 days to come back to me.

I sent this letter last Thursday 27/3

and received a reply today the 31/3

Stating that they have reffered this matter to their client lowells and are awaiting instruction from them also in the meantime my account is being placed on hold.


My Question is, has anyone been in this situation with Bryan Carters.... Im curious what to expect next..

Will they chance it and try to push through a Court claim.... ( I Don't fancy all the hasstle and time wasted in defending myself)

Or do you think they will back off ? Lowells know to well that the debt is staute barred.

I have all the evidence needed already due to this sar request from Lloyds


Thoughts would be appreciated


thanks

[FlamingParrot]

Re: Yet another Bryan Carter/ Lowell Thread

About 4 weeks ago.

I received out of the blue... A Court Claim form for an outstanding debt of £450.. This debt was defaulted June 2007.. I spoke to Bryan Carters... to discuss settlement..as far as I was aware I had made a payment in Novemember 2008, according to my records.

During the Conversation, the gentleman I spoke to said, settlement was not an option now... Trying it on I mentioned to him, that I may have to defend the case as I believe it to be statute barred as the default date was June 2007. he quickly told me that I had last made a payment in November 2008.. and that it wasn't.. which I knew already.

I ended up paying for this debt 2 weeks ago.

Would this relate to this other thread you posted 3 weeks ago? I'm sorry you didn't get any replies I've not been around much lately

this account was for a credit card which defaulted July 2008.. but I know for a fact that the last payment was made November 2007. I know this because I had done a SAR Request to Lloyds, at the beginning of the year! this is probably how they ended up getting my new address..

When I spoke to the lady.. I explained that this debt was statute barred... This next bit will not surprise most of you...... I explained to her that the last payment was in November 2007 and the debt is statute barred...... she quickly reminded me that its the default date which the 6 years goes by and not from the last payment.

That's absolutely not true! :lie: :lie: :lie: The limitation period starts from the cause of action, which would be right after your first missed payment, nothing to do with the default date recorded on your credit file, which could be months (and in some cases, even years!) later. :nono:

[FlamingParrot]

Re: Yet another Bryan Carter/ Lowell Thread

I explained to her no more telephone calls, all correspondence in writing now please. Knowing that I would probably get a court claim form within a week or to, I decided to get in there first and fire off a statute barred letter to them, explaining the debt was statute barred, and they have 21 days to come back to me.

I sent this letter last Thursday 27/3

and received a reply today the 31/3

Stating that they have reffered this matter to their client lowells and are awaiting instruction from them also in the meantime my account is being placed on hold.

My Question is, has anyone been in this situation with Bryan Carters.... Im curious what to expect next..

Very wise not to make any phone calls and keep it all in writing. :thumb:
You may want to look at this thread: http://www.legalbeagles.info/forums/...396#post422396

Will they chance it and try to push through a Court claim.... ( I Don't fancy all the hasstle and time wasted in defending myself)

Or do you think they will back off ? Lowells know to well that the debt is staute barred.

I have all the evidence needed already due to this sar request from Lloyds

That being the case, why wouldn't you want to defend? All you'd have to do would be to write a few lines on the MCOL system, should you receive a claim. :typing: Statute barred is an absolute defence and the onus would be on the claimant to prove it isn't! :thumb:

[welshspark]

Re: Yet another Bryan Carter/ Lowell Thread

thanks for the reply

reassuring to know..

yes I did post around 3 weeks ago, not a problem though that I had no replies.. as I checked my details, and they were correct for once, that I had made a payment.
that's why I settled this debt.

the reason why, I was not wanting the hasstle of defending a claim, is that ive read some of the threads here, and it does seem rather complicated.....

I do have in my position the SAR request from Lloyds, which provides all my statements and the original credit agreement.

if bryan carters were to try it on with a court claim..

would it be as simple as saying on the mcol website.. "this debt is staute barred".. ive hear on other threads that bryan carters/ lowells have a habit of making payments appear

thanks again for your assistance

really appreciated

[FlamingParrot]

Re: Yet another Bryan Carter/ Lowell Thread

yes I did post around 3 weeks ago, not a problem though that I had no replies.. as I checked my details, and they were correct for once, that I had made a payment.
that's why I settled this debt.

You were lucky that the debt was for an amount that you could afford to settle, however, sometimes there may be grounds to dispute debts even when your details are correct, which is why it's worth looking into every claim in detail. :thumb:

the reason why, I was not wanting the hasstle of defending a claim, is that ive read some of the threads here, and it does seem rather complicated.....

It gets complicated when you have to request documents, they never supply them, you have to make an application... :blah: :blah: :blah: but it's rather straightforward when the debt is statute barred, as there's no need to argue any further.

I do have in my position the SAR request from Lloyds, which provides all my statements and the original credit agreement.

if bryan carters were to try it on with a court claim..

would it be as simple as saying on the mcol website.. "this debt is staute barred".. ive hear on other threads that bryan carters/ lowells have a habit of making payments appear

thanks again for your assistance

really appreciated

Not quite, but you'd submit the following as your defence:

The claimant’s claim was issued on the xx of xxx 2104.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £xxxx.xx or any other sum, or relief of any kind is denied.

If you have all your statements and there's no trace of payments made in the last 6 years, then you've got all you need. It would be up to the claimants to PROVE that payments were made. :juge:

[welshspark]

Re: Yet another Bryan Carter/ Lowell Thread

I have my bank statements up until the point the of the accounts closure due to a default on a overdraft.

does that mean ? bryan carter /Lowell wont be able to make up a payment ?

thanks so much for your assistance

[FlamingParrot]

Re: Yet another Bryan Carter/ Lowell Thread

I have my bank statements up until the point the of the accounts closure due to a default on a overdraft.

does that mean ? bryan carter /Lowell wont be able to make up a payment ?

thanks so much for your assistance

We are working on the assumption this is going to court, imagine if they did make up a phantom payment on a random date, you then present your statements straight from the bank, where the payment is nowhere to be seen. I can think of a number of offences they could be guilty of if that was the case! :incourt:

[welshspark]

Re: Yet another Bryan Carter/ Lowell Thread

Just a quick update on this post..

3 months after firing off a statute barred later, i finally recieved a letter from bryan carters on friday

stating that the account had been been returned to their client lowells...

so i thinks its safe to assume they did listen to the statute barred letter!

[okateo]

Re: Yet another Bryan Carter/ Lowell Thread

Hi
sorry to jump in on this, I am being taken to court by Lowell via BC. This is for a debt that will have defaulted in 2007. I don't have any info and they haven't provided any after my many requests.
I don't even have an account number. How can I get a SAR request and how long will it take? I have two weeks to submit my statement or show evidence so they stop proceedings. I'm dubious I will be able to fight this in court even though the debt is statute barred.

[MIKE770]

Re: Yet another Bryan Carter/ Lowell Thread

Hi
sorry to jump in on this, I am being taken to court by Lowell via BC. This is for a debt that will have defaulted in 2007. I don't have any info and they haven't provided any after my many requests.
I don't even have an account number. How can I get a SAR request and how long will it take? I have two weeks to submit my statement or show evidence so they stop proceedings. I'm dubious I will be able to fight this in court even though the debt is statute barred.

start you own thread giving as much info as possible, look thru template letters for threat of legal action =- do not panic I would suggest, they are idiots who try to circumnavigate legislation then run like hell when the time comes!