Bryan Carter Letter of claim.

[andymaxit]

Hi all,
I received a letter of claim off Bryan Carter last week referring to an old Three Mobile account which I used to ha.
Lowell Finance are the Clients but they have been instructed by Fredrickson International ,and sum owed is £431.28.

I did have a Three mobile account in 2007, but I did not renew contract and instead let my 16 year old son use the remaining 2-3 weeks of contract that was left and I took out a Vodafone contract.
Three rang my son up and thinking he was me persuaded him to take out another contract, which I knew nothing about lol. Since he had started working the cost each month was taken out of his bank account until he defaulted.

Now I've known about this from the first few months when he took the contract out but let him do it as he was paying each month, and even when he defaulted I just let it go and did nothing about the matter.
I have never replied to anyone about the debt just let it go as I had a few more to worry about at the time, all of which but 1 have fallen off credit file.

This letter I received last week states that if I fail to respond to the letter within 14 days a claim will be made against me in respect of the debt. I have up to 30th September to pay in full.

Please help me.

[Amethyst]

Re: Bryan Carter Letter of claim.

Bloody kids and phone contracts... have nothing but trouble with my lot, so now they all have pay as you go.

Would you be able to type out the particulars of claim pls.

I don't think you can get anywhere with a Data PRotection claim ref letting your son have a contract as you were okay with it and thus accepted the consequences.

You can though still ask for the evidence that the debt is yours, that you took out the contract and that the amount of the debt is valid. Also that the debt is assigned to Lowell properly. So you'd ask for that under a CPR 31.14 request (example in the library)

[andymaxit]

Re: Bryan Carter Letter of claim.

I took photo,

[Kafka]

Re: Bryan Carter Letter of claim.

This is the bog standard threatogram from BC and is a clear threat of legal action and so constitutes a 'Letter Before Action', with its statutory 14 days before they can file a claim.
You now need to follow the procedures for sending the CPR request to BC for disclosure of the relevant documents. Please note that the CCA request to Lowell for the agreement does not apply, because this is a service agreement, not a regulated loan.

[andymaxit]

Re: Bryan Carter Letter of claim.

Hello Kafka thank you for replying.
What are the procedures for sending CPR, could you point me in the right direction please.
I might of left a reply too late because the 14 day deadline has nearly expired.
Also this maybe SB as the debt goes back to 2007-2008.

[andymaxit]

Re: Bryan Carter Letter of claim.

Can someone help me with a CPR request letter please?

[FlamingParrot]

Re: Bryan Carter Letter of claim.

Hi all,
I received a letter of claim off Bryan Carter last week referring to an old Three Mobile account which I used to ha.
Lowell Finance are the Clients but they have been instructed by Fredrickson International ,and sum owed is £431.28.

I did have a Three mobile account in 2007, but I did not renew contract and instead let my 16 year old son use the remaining 2-3 weeks of contract that was left and I took out a Vodafone contract.

Bloody kids and phone contracts... have nothing but trouble with my lot, so now they all have pay as you go.

Would you be able to type out the particulars of claim pls.

I don't think you can get anywhere with a Data PRotection claim ref letting your son have a contract as you were okay with it and thus accepted the consequences.

You can though still ask for the evidence that the debt is yours, that you took out the contract and that the amount of the debt is valid. Also that the debt is assigned to Lowell properly. So you'd ask for that under a CPR 31.14 request (example in the library)

Having seen the letter posted, it looks like a letter before action (or letter of claim), rather than an actual court claim.

I'd say the response should be more along the lines of this one rather than a CPR 31.14 request if no claim has been issued yet: http://www.legalbeagles.info/forums/...054#post443054

Have adapted the letter linked to above because this is a mobile contract, see post below. :thumb:

[FlamingParrot]

Re: Bryan Carter Letter of claim.

Can someone help me with a CPR request letter please?

As above, it's more a case of a response to a letter before action rather than a CPR request as there's no claim yet, just the threat of one.

I have adapted the letter linked to above because this is a mobile contract, so the bits about the credit agreement and the CCA request do not apply.

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter dated xx/xxxx/2014. As the letter contains a threat of litigation, it is being treated as a formal letter before action. As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

I require copies of the following:

1. The original contract or service agreement;
2. The Default Notice;
3. The Notice of Assignment;
4. Statements of account;

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

I shall being able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,

[andymaxit]

Re: Bryan Carter Letter of claim.

Thank you for the letter, I presume the letter is sent to BC but do I place my address on it and sign bottom?

[MIKE770]

Re: Bryan Carter Letter of claim.

I took photo,

love their estimate = I make it £516.28, but of course they state estimate!

£550.78 stated as estimate!

[Kati]

Re: Bryan Carter Letter of claim.

Thank you for the letter, I presume the letter is sent to BC but do I place my address on it and sign bottom?

You are sending a reply to their letter ... send it to BC (signed for/recorded delivery costs under £2 ) I'm not sure if a 'wet' signature is required or if you could just use a different font, but you could always use an anti-tamper strip (see attachment)

[andymaxit]

Re: Bryan Carter Letter of claim.

Will this be OK?
I will print and not sign name, unless anyone thinks different.
I will send recorded delivery first thing tomorrow morning so hopefully they receive on the 30th, the 14 day dead line.

MyName
c/o[MY ADDRESS]
[MYADDRESS]
[MYADDRESS]
[MYADDRESS]
BRYANCARTER SOLICITORS LLP
11DE HAVILLAND DRIVE
WEYBRIDGE
SURREY
KT130YP






DearSirs,

Refxxxxxxx

Thankyou for your letter dated xx/xxxx/2014.As the letter contains a threat of litigation, it is being treated asa formal letter before action. As such, I refer you to paragraph 1 ofthe Practice Direction Pre-Action Conduct, which states the purposeof such a letter is to “enable the parties to settle the issuesbetween them” and to encourage the parties to “exchangeinformation”.

Paragraph2.2 (1) of Annex A states you have an obligation to “list theessential documents on which the Claimant intends to rely”. I couldnot identify such a list in your letter, please list the documents soI can see your case against me and request copies of anything that Imay need.

Paragraph3.2 (3) of Annex A allows me to “request further information toenable me to provide a full response”. My request is a request fordocuments as the information I require would come from thosedocuments. Paragraph 5.1 of Annex A states that you should “providethe documents requested within as short a period of time as ispracticable or explain in writing why the documents will not beprovided”.

Irequire copies of the following:

1. The original contract or service agreement;
2. The Default Notice;
3. The Notice of Assignment;
4. Statements of account;

Thesedocuments would be expected to be supplied if proceedings were issuedand would likely be in your possession if you were issuing a claim.If you consider that there is difficulty in providing a copy of adocument, please identify that document and the reason.

Ishall being able to provide you with a full response to your letterwithin 14 days of receipt of the documents listed above and alsoreserve the right to refer to the contents of this letter ifproceedings are issued without first providing copy documents tome.

Yours sincerely,
[Print Name]
(sign?)

[FlamingParrot]

Re: Bryan Carter Letter of claim.

The spacing has gone funny somehow, otherwise it's fine except for the last paragraph that reads: "I shall being able to provide..." and should read "I shall be able to provide..." That was my fault.

While I've seen many cases where creditors (NatWest/RBS/CrapOne in particular) refuse to comply with a CCA request when it's been signed digitally, arguing you need to sign, I've never seen solicitors respond to a reply like the above arguing they can't supply the documents because you've not signed the letter. This is not a request for documents you are making on your own initiative but a response to a letter threatening court proceedings, therefore there should be no arguments regarding your identity or your authority to make a request as there could be when you send a SAR or a CCA request.

[andymaxit]

Re: Bryan Carter Letter of claim.

Thank you, all spacing and grammar correct and have posted letter.
I think it may be to late, so will probably get court summons lol.

[FlamingParrot]

Re: Bryan Carter Letter of claim.

Thank you, all spacing and grammar correct and have posted letter.
I think it may be to late, so will probably get court summons lol.

What makes you say that?