Lowell/Fredrickson/Bryan Carter Urgent help required please

[BhaviniTB]

Hi all,

i made add a request under CCA section 78 for the credit card agreement but Lowell sent an application form, the date on the application screen shot is September 2007. I also sent a £1 PO to Lowell which was returned in its original state. In addition I sent a letter to Bryan Carter requesting further documentation.

Bryan Carter sent a screen shot of digital signature application details, and a list of transactions. The letter they wrote said

'We are informed it is the original creditors policy to provide the agreement at the point of contract and statements throughout the duration of the account, you have previously been provided with validation of the debt and you should refer to your own records.....

We understand that Notice of Assignment would have been sent to you at the time of assignment. The Deed of Assignment will not be provided as it contains commercially sensitive information.

what do I do now? Can someone please help I have to respond by 31 December.

thank you in advance.

[nemesis45]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

That's a standard reply from Carter.
A CCA request is only to provide a copy of the agreement and Ts & Cs and any other documents mentioned in the Ts & Cs.
The Deed of Assignment will not be produced unless ordered by a court.

Are you asking because Lowell have issued a claim?
If so what are the details in " The Particulars of Claim" (POC).

Did you receive a notice of assignment from Lowell or the original creditor? ( who was the OC?)
Have you acknowledged service?

[BhaviniTB]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

Thank you Nemesis for your reply, I've been really poorly so sorry I haven't responded.

To answer your questions, Vanquis is who the account was with, over time they have referred it to numerous DCA but only Lowells have passed it onto Bryan Carter for legal action. The letter that was received from Bryan Carter was a Letter of Claim (8.12.14), to which I responded with a CPR Practice Direction Pre-Action letter on (15.12.14), Bryan Carter then responded with a letter to state that no court proceedings have been issued in this matter.

No Particulars of claim have been issued or received at this stage - this is what I want to prevent.

I received in July a letter to introduce Lowell's, stating that the account had been sold to them, and that they now own the debt.

What shall I do now, am a bit worried of how I should now respond.

Thank you in advance.

[nemesis45]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

Hi, sorry to hear you have been ill!!

Ok no county court claim pack has been issued & Carter has stated no action has been started is this correct?
The CCA request only produced an application form?
Some detail please so that I might help further.

1. Is this alleged debt showing on your credit files? Check Noddle from Call Credit it's free!! Check default date showing.
2. Can you recall exactly what this alleged arises from e.g., credit card /loan?
3.The name of the original creditor?
4. Can you recall when the last payment or acknowledgment was made on the account?

Please don't get stressed over this Carter is well known here in particular for misusing the court system to frighten people into paying!

[BhaviniTB]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

Thank you for your kind message.

Yes in Bryan Carters letter they said that no court proceedings have been issued.
Yes that's correct Vanquis provided Lowell with a digital application in September 2014, but I also have a letter from Vanquis, stating that as the credit card application was done online, they can not provide a copy of the 'hard agreement'. Lowell then wrote to me in October 2014 to state that as the application was online, I agreed to the Ts&Cs, but they also stated that the creditor does not need to provide a signed copy of the agreement, but they still were not able to provide an agreement or a reconstituted agreement of any kind.

Its a credit card which was taken out in September 2007, I'll check the default date on it now. Looking at my statements they were applying default charge interest from the end of 2012. But I'll double check this now on Noodle.
The original creditor who processed the credit card agreement is Vanquis Bank. The last payment was made in May 2013 I think or earlier.

thank you so much.

[BhaviniTB]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

Lowells have applied a default on the account on 24.11.14, also the credit card account is not showing up at all as an account on noodle.

[BhaviniTB]

Re: Lowell/Fredrickson/Bryan Carter Urgent help required please

Hi

I wrote to Bryan Carter asking for more time. Is it now time to start a repayment plan?

Please can someone help me with this.

Many thanks
B