Bryan Carter Solicitors- letter of claim

[j4mes]

Good evening,

I received a letter from Bryan Carter Solicitors LLP acting on behalf of Frederickson International Limited, on behalf of Lowell Financial International. It says it is a letter of claim and they wish to commence legal action and issue a claim in the county court. I have 14days (dated 28 April 2015) to respond or a claim will be issued without further notice. Then it says

"if court action is taken, additional costs and interest will be added to the debt as below:

Current debt due £1643.59
Estimated Court Fee £105
Estimated Solicitor costs £80
Estimated total £2004.63"

The debt itself is listed as Lloyds for a credit card defaulted in 2011 for a higher balance than they state, £5 lower although no payments have been made.

any advice? Do I contact them and agree a repayment plan or can it be ignored like the rest?

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

Hi welcome to LB.
You should send a CCA request to Fredrickson for a copy of the agreement, there is a £1.00 statutory fee
to pay (use a cheque or postal order endorsed " For Statutory Fee Only) They have 12 + 2 working days
to comply. Use the template from the forum library.

Write to Carter Stating that you do not acknowledge any debt to their client and have therefore sent a CCA request to them.
say no more at this point.

BTW Carter estimate is more than the total of the items listed.

nem

[MIKE770]

Re: Bryan Carter Solicitors- letter of claim

Hi welcome to LB.
You should send a CCA request to Fredrickson for a copy of the agreement, there is a £10 statutory fee ====£1.00??????????????
to pay (use a cheque or postal order endorsed " For Statutory Fee Only) They have 12 + 2 working days
to comply. Use the template from the forum library.

Write to Carter Stating that you do not acknowledge any debt to their client and have therefore sent a CCA request to them.
say no more at this point.

BTW Carter estimate is more than the total of the items listed.

nem

as above


but one pound only!!!!

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

Thanks Mike,
Was writing a SAR for someone at the same time.#

nem

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

Yes I had noticed the amounts didn't tally although I did adjust them slightly here so I couldn't be identified from the info I supply. But on their letter there is about £400 difference. I will get the cca done and posted recorded tomorrow and email bc to say what's happening.

But so I am fully prepared, how likely are they to proceed to court? Or is it another hot air letter to scare people into making contact?

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

The solicitors and the claimant can be considered " chancers" so you need to
keep alert do not ignore any letters or documents from them or the court.
They like a chance to slip in a judgement by default.

nem

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

I emailed BC stating I had wrote to their client with no knowledge of the debt and there was no further need for them to contact me. The original deadline to contact them was tomorrow but BC have emailed back today saying;

"Thank you for contacting us.

We confirm that this debt relates to a Lloyds (‘The Original Creditor’) account, account number ******* which was opened at ********** (address). The account defaulted in payment on 11 February 2011 and was subsequently assigned to our client Lowell Portfolio I Ltd, who are a specialist debt purchasing company, and you would have received Notice of Assignment at that time.

We confirm we have been instructed by our client in relation to the collection of the outstanding balance, which they believe is lawfully due from you.

We trust this clarifies matters and we should be grateful if you would contact us by 1 June 2015 with your payment proposals. Please note should we not hear from you by this date we will be seeking our client’s instructions with regard to taking further legal action to recover the outstanding balance.

Yours sincerely

Bryan Carter Solicitors LLP."

I still await the response to the CCA which was sent Thursday last week to Lowells not Fredrickson. I emailed back basically saying I note their information but will await their client response and deal with them.

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

Ok, The CCA Request is the important bit, if they don't have an agreement the debt is unenforceable.
nem

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

I forgot to put "for statutory fee only" on the postal order but remembered not to sign the CCA.:tinysmile_twink_t2:

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

Keep the counterfoil of the PO safe !!

nem

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

Another email off BC-
Thank you for contacting us.

*

We confirm we have referred the content of your email to our client and will revert to you in due course.

*

Yours sincerely

*

Bryan Carter*Solicitors LLP

Landline:*0845 219 8686**

So now I just await the result of the cca?

[nemesis45]

Re: Bryan Carter Solicitors- letter of claim

Yes, see what they come back with.

nem

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

Well I've had absolutely no response from them whatsoever to date. I will assume they do not have the relevant paperwork :beagle2222:

[FlamingParrot]

Re: Bryan Carter Solicitors- letter of claim

Well I've had absolutely no response from them whatsoever to date. I will assume they do not have the relevant paperwork :beagle2222:

Sounds like no news = good news in this case. :clap2:

Mr Carter issued a letter of claim but no claim which is what matters. :thumb: :thumb: :thumb:

Goes without saying they wouldn't have the paperwork, they never do, even when they issue claims, they do so in the hope of obtaining default judgment or an admission.

[j4mes]

Re: Bryan Carter Solicitors- letter of claim

Worth following up and offering a pittance in return for removal of default? Still has 18months or so left to go until s/barred