Lowell/bryan carter/halifax

[eire13]

Hi,

I'm looking for some advice please. Lowells and Bryan Carter are chasing me for an old debt on a Halifax Credit Card. I have basically been ignoring this debt and think it has been passed around to a few different DCA's in the past. Unfortunately I have not kept any paperwork from either the bank statements or the various DCA's.

The background only from what I know from looking up my equifax report is a default date of June 2009 account opened May 2003. It does not appear on the Experian report. It is for just over £700. I know there is quite a bit of interest and charges added to this.

What has got me worried is a letter a few days ago from Bryan Carter threatening court action in about a weeks time. It got me scared and after reading around it seems they do issue court claims. The thought of court does frighten me but no way can I afford to pay this off as I am on benefits.

What I have done so far is sent a SAR request to Halifax but am worried that it is so long ago will they Bryan Carter and Lowell asking for paperwork. One of my main questions is they are chasing this debt in a previous married name so should I tell them my new married name as any evidence I may need if it does go to court will be in a previous name?

This has me really worried now and I really don't want another CCJ I already have a charging order from Nationwide for another credit card.

Please could someone advise on the name query and anything else I should be doing please?

[eire13]

Re: Lowell/bryan carter/halifax

Ok disappointed to have not received replies realise one of my sentences did not make sense. I'm sure you are busy. I decided myself to tell them about the change of name. The solicitors have actually written back to me giving me more time to consider my position. I think I will just have to wait for any paperwork from Halifax. Just wondering if anyone could point me in the direction of reading material to do with preparing for court in case I get a claim? I like to be prepared.

Thanks

[eire13]

Re: Lowell/bryan carter/halifax

just a question if I try to dispute the charges on the account does this count as me acknowledging the debt? Should this post be moved to get any replies please?

[mystery1]

Re: Lowell/bryan carter/halifax

http://www.legalbeagles.info/forums/...elp&highlight=

Have a read and note post 5 :okay:

M1

[eire13]

Re: Lowell/bryan carter/halifax

Thanks very much for your reply Mystery. I have done a lot of reading since I received their first letter so I did reply to them with a letter similar to the link you provided. They have actually written back and "given me more time to consider my position". I was thinking of disputing the charges added to the account by the OC but don't know if this would be seen to be acknowledging the debt? I am waiting for the SAR from Halifax but realise this takes time. Is there any other ways of buying myself some time. There is no way I could pay this all off or even part of it. I really don't want to end up with a CCJ because of this. Any further advise please?

[mystery1]

Re: Lowell/bryan carter/halifax

I'd leave it just now, at least until they reply.

M1

[eire13]

Re: Lowell/bryan carter/halifax

Yes you are right. I will try to be patient then. Thanks.

[eire13]

Re: Lowell/bryan carter/halifax

No reply to this from Lowells yet. I have received my SAR information back from Halifax today. Could I ask advice on what kind of information they would need for an enforceable agreement. I have received a signed application form and 2 sets of terms and conditions not signed or dated. Would there have been a signed agreement at some stage? Would what they have provided be good enough for court? Thanks

[FlamingParrot]

Re: Lowell/bryan carter/halifax

No reply to this from Lowells yet. I have received my SAR information back from Halifax today. Could I ask advice on what kind of information they would need for an enforceable agreement. I have received a signed application form and 2 sets of terms and conditions not signed or dated. Would there have been a signed agreement at some stage? Would what they have provided be good enough for court? Thanks

Why don't you post up what you received? :type: A reconstituted agreement is acceptable but it would have to be 'honest and accurate'. The main point here would be to see whether the terms relate to the application form or not, i.e. whether those were the terms from account inception or just some random terms.

I've got a similar set of application and unrelated terms on my RBS card over 4 years ago, so let's see what they've sent. :typing:

[eire13]

Re: Lowell/bryan carter/halifax

Thanks for replying FP. Is the application form the only thing that has to be signed?
There is quite a lot of personal info on that sheet i would need to blank out quite a bit or I could pm to someone. Also one set of terms and conditions is 9 pages do i need to post all these seperately? Not very good at uploading things really :tinysmile_hmm_t2:

[Amethyst]

Re: Lowell/bryan carter/halifax

The signed agreement is the main bit, and first page of the inception terms and conditions would do for the moment if you can xx And yes you can email them to me if you like and I'll put them up - admin@legalbeagles.info - if you're not editing out your info try send them as imag files (like jpg / png ) then I can edit them for you (PDF's drive me bonkers)

[eire13]

Re: Lowell/bryan carter/halifax

ok i'll try thanks

[eire13]

Re: Lowell/bryan carter/halifax

Hopefully attached the application form and first page of conditions. also on the application this has not been signed by halifax they just wrote in the card number in that box.

[eire13]

Re: Lowell/bryan carter/halifax

Had not seen your reply above Amethyst sorry should I try and e-mail the rest of the stuff over? or maybe above is enough. I am a bit confused is the application form the same as an agreement?

[FlamingParrot]

Re: Lowell/bryan carter/halifax

There's just one page of terms above, so not all the prescribed terms are there, however, you say you have more pages. The main thing is whether that page, along with the rest of the terms you have, belong with the application form. First impressions are that they don't, they were probably sent later with the card.