Bryan Carter, lowell and fredrickson

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

so the first letter goes to bc and that is the cpr and the seconde post is the cca that goes to lowell thats right is it

[Kafka]

Re: Bryan Carter, lowell and fredrickson

CCA request requires the statutory £1 payment with it. The CPR doesn't require any payment included, but can only be sent on a clear threat of legal action or a claim started. Clearly they have threatened that so its OK to send.

BC will write back saying they don't need to comply though, as they always do.

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

i do remeber that i tryed to apply on line for the card and it had to be refered to a acount handler that was all done over the phone never any paper work sent to sign or even any digital sign does that effect it at all

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

is that not non complyance and againt all guide line of fair conduct and can i not use part of FCA CONC 13 Consumer Credit Act Guidance . from April 2014

13 Guidance on the duty to give information under sections 77, 78 and 79 of the Consumer Credit Act 1974


to put more a hit to it

[Kafka]

Re: Bryan Carter, lowell and fredrickson

That applies to the CCA request if they fail to comply. The CPR request comes under the Civil Procedure Rules for the courts. Breaching either of these requirements is good stuff to put in a defence, but they don't automatically get the claim dismissed.

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

one last thing i hope someone can hepl with does the last part of my letter "
the balance as well that continued after I tried to set up a payment plan. When all that taken in to account including payments made it is less than £400 left I have tried with every other company that contacted me starting with 1^st credit limited to set up a payment plan for the part of the debt that I owe but all that happens is it gets past to a new company so please can you help me set up a plan to clear my part of the debt. I could pay £5 every month but not any more."
count as a admition of the dept with them or just a admition of the dept with vanquish credit card and my willing ness to come to a arangement with them

[Kafka]

Re: Bryan Carter, lowell and fredrickson

These letters are specific demands for disclosure of relevant documents and shouldn't contain anything else.

It seems that you have already been very obliging in trying to set up repayment plans but they haven't agreed this. That will also make a part of the defence. Lets see what they do about the letters and they might back off. We can try offering another repayment plan later if we think we can't stop the claim.

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

i dont think they have much of a case realy as my work had to use the threat of lawers to stop both vanquis and lowell ect from calling me two to three times a day on the work phone despite me telling them times to contact me on my mobile and not to use the works number

[righty]

Re: Bryan Carter, lowell and fredrickson

BC will write back saying they don't need to comply though, as they always do.

If they state that remind them of the Mitchell v Sun Ruling

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

i dont think they have much of a case realy as my work had to use the threat of lawers to stop both vanquis and lowell ect from calling me two to three times a day on the work phone despite me telling them times to contact me on my mobile and not to use the works number

I hope you have kept records of all those calls, phone harassment can be a very useful weapon to be used in your defence if it gets that far. :grin:

On that note, you may want to look at this thread: http://www.legalbeagles.info/forums/...om+harrassment

Based on this case: http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

:thumb: :thumb: :thumb:

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

thank that all sound great i think today i will be doing some letters and emails using a lot of these and quoating a some of these cases with recomendatios bryan carter reads them
lookin on line it looks like he is still on a temperey reg with the fca could this be why he is pressing now as i beleave they have to sort that buy the end of the month is this right

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

hi every one i would like to no what you think of this acompanying letter



Dear sir/madam


thank you for your letter regarding your intent to commence legal action in regards of, Lowell Financial Limited regarding my Vanquis Account.


I line with PRACTICE DIRECTION – PRE-ACTION CONDUCT that can be found at
(http://www.justice.gov.uk/courts/pro...action_conduct). I enclose a copy of my CPR request.


As a person/persons employed in the legal profession. I know you will be aware of the impact of failing to comply, or give adequate reasons why it is not possible to comply, the ramification of that action and all its effects can have negative impacts not only in this case but of your practice as a hole. I refer you to cases like that of (Mitchell v News Group Newspapers Ltd [2013] EWHC 2179 (QB) ).

There is also the adverse that such action would have on my ability to mount a defence in court and as such affect legal right. At this point I would like to remind you of a correspondence on the 16/9/2013 and the problems I outlined I it and recommend you look at cases such as (http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html)


A a closing point at no time have I in this correspondence or any correspondence acknowledged my debt with you or Lowell Financial Limited or any affiliated company's only my wish to come to a agreement with Vanquis bank






Yours sincerely,

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

right of wrong i have know sent emails to bryen carter and co i now have a list of email address for at least 7 that i know work as the kindly sent me a out of office till monday 22/09/2014 reply with contact emails how nice of them

[chaz301975]

Re: Bryan Carter, lowell and fredrickson

right of wrong i have know sent emails to bryen carter and co i now have a list of email address for at least 7 that i know work as the kindly sent me a out of office till monday 22/09/2014 reply with contact emails how nice of them

[FlamingParrot]

Re: Bryan Carter, lowell and fredrickson

right of wrong i have know sent emails to bryen carter and co i now have a list of email address for at least 7 that i know work as the kindly sent me a out of office till monday 22/09/2014 reply with contact emails how nice of them

Those letters should really be sent by post, ideally recorded delivery. The CCA request requires a £1 fee. It's different once they've issued a claim, at that point time is of the essence and you may want to save time by using email.

hi every one i would like to no what you think of this acompanying letter-

As per your later posts, you have already sent it by email. A couple of comments:

I line with PRACTICE DIRECTION – PRE-ACTION CONDUCT that can be found at
(http://www.justice.gov.uk/courts/pro...action_conduct). I enclose a copy of my CPR request.

The letter you are sending is a response to their letter of claim rather than a CPR request as such, those are most often sent once proceedings have been issued.

A a closing point at no time have I in this correspondence or any correspondence acknowledged my debt with you or Lowell Financial Limited or any affiliated company's only my wish to come to a agreement with Vanquis bank

Written offers of repayment constitute acknowledgment of the debt regardless of whether they are made to the original lender or the debt purchaser.

If Lowell are contacting you through their appointed solicitors, they would have bought the account from Vanquis, Lowell are debt purchasers rather than debt collectors. That being the case, your debt would be with Lowell and Vanquis would have no interest in the recovery of this debt.