Bryan Carter LLP / Lowell Portfolio

[PauloLP]

Re: Bryan Carter LLP / Lowell Portfolio

Hi FlamingParrot/Nem,

Thank you both for your replies.

I will respond with a further request for the "agreement" that was not included as indicated. I remain unsure as to how to respond to the line of questioning surrounding the authenticity of the signature. I do not dispute it being mine but admission of it's authenticity would be to my limited understanding be regarded as confirmation of liability? I shall again make reference to the fact that what has been provided does not constitute a CCA and until such a time that one can be provided, no further action make be taken. Is there any other information I ought to include or would the above be sufficient?

Many thanks once again, much appreciated.

[FlamingParrot]

Re: Bryan Carter LLP / Lowell Portfolio

Hi FlamingParrot/Nem,

Thank you both for your replies.

I will respond with a further request for the "agreement" that was not included as indicated. I remain unsure as to how to respond to the line of questioning surrounding the authenticity of the signature. I do not dispute it being mine but admission of it's authenticity would be to my limited understanding be regarded as confirmation of liability?

I would ignore the bit about your signature and just say there was no attachment, which is the real issue here, you were not arguing anything to do with your signature.

I shall again make reference to the fact that what has been provided does not constitute a CCA and until such a time that one can be provided, no further action make be taken. Is there any other information I ought to include or would the above be sufficient?

Many thanks once again, much appreciated.

Presumably their letter where they neglected to attach their purported CCA was in response to your letter above, in which case I'd just address the lack of attachment and wait for them to actually attach something purporting to be a CCA before discussing it's merits, after all we don't know what the meant to attach. If you receive an attachment, do post it up here. :typing: If they contact you again after that, we'll look at a suitable reply according to whatever you have received from them (or not as the case must be). :thumb:

[nemesis45]

Re: Bryan Carter LLP / Lowell Portfolio

Hi FlamingParrot/Nem,

Thank you both for your replies.

I will respond with a further request for the "agreement" that was not included as indicated. I remain unsure as to how to respond to the line of questioning surrounding the authenticity of the signature. I do not dispute it being mine but admission of it's authenticity would be to my limited understanding be regarded as confirmation of liability? I shall again make reference to the fact that what has been provided does not constitute a CCA and until such a time that one can be provided, no further action make be taken. Is there any other information I ought to include or would the above be sufficient?

Many thanks once again, much appreciated.

I think Carter et al may have had a bit of a panic on the signature so ignore for now.

The alleged agreement provided in response to my request made under CCA 1974 is rejected as you are well aware
it does not meet the requirements of that request nor does it meet the requirements for a " reconstituted" agreement.
Unless a compliant agreement is disclosed within 14 days I shall seek to have this claim struck out.

nem

[PauloLP]

Re: Bryan Carter LLP / Lowell Portfolio

Hi FlamingParrot/Nem,

Thank you both again for your responses.

I have prepped a letter to be sent in response to what was received, utilising your kind advice and is as follows:-

Mr XXXX
XXXXX
XXXXXXX
XXXXXXx
08/06/15

Bryan Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP

Your Ref: XXXXXXXXX
Your Client: Lowell Financial

Dear Sirs,

Thank you for your letter dated 4 June 2015 the content of which has been noted.

I would kindly request that you resend what you allege to be an agreement as this was not enclosed as indicated. In line with my letter dated 25^th May 2015, should this alleged agreement prove to be what has previously been provided in response to my request made under CCA 1974, then this is rejected because as you are well aware it does not meet the requirements of that request nor does it meet the requirements for a "reconstituted" agreement.

Unless a compliant agreement is disclosed within 14 days I shall seek to have this claim struck out.

Sincerely,


Mr XXXXXX



Thoughts welcomed!

Many Thanks :tinysmile_grin_t:

[nemesis45]

Re: Bryan Carter LLP / Lowell Portfolio

Hi FlamingParrot/Nem,

Thank you both again for your responses.

I have prepped a letter to be sent in response to what was received, utilising your kind advice and is as follows:-

Mr XXXX
XXXXX
XXXXXXX
XXXXXXx
08/06/15

Bryan Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP

Your Ref: XXXXXXXXX
Your Client: Lowell Financial

Dear Sirs,

Thank you for your letter dated 4 June 2015 the content of which has been noted.

I request that you resend what you allege to be an agreement as this was not enclosed as indicated. In line with my letter dated 25^th May 2015, should this alleged agreement prove to be what has previously been provided in response to my request made under CCA 1974, ****then this will be *** rejected because as you are well aware it does not meet the requirements of that request nor does it meet the requirements for a "reconstituted" agreement.

Unless a compliant agreement is disclosed within 14 days I shall seek to have this claim struck out.
****No part of this communication is an admission of any liability to your client.*****

Sincerely,


Mr XXXXXX



Thoughts welcomed!

Many Thanks :tinysmile_grin_t:

See changes *******.

nem

[jon1965]

Re: Bryan Carter LLP / Lowell Portfolio

Hi
If it is of any help , I have had letters telling me that I would have been sent a copy of the agreement at inception although I can not remember which debt purchaser this was. As far as I am concerned that is about as valid as me saying they would have had full repayment . It really is up to them to prove that,on balance, a compliant agreement was signed and from what I have seen they are falling a long way short of that

[FlamingParrot]

Re: Bryan Carter LLP / Lowell Portfolio

Hi
If it is of any help , I have had letters telling me that I would have been sent a copy of the agreement at inception although I can not remember which debt purchaser this was. As far as I am concerned that is about as valid as me saying they would have had full repayment . It really is up to them to prove that,on balance, a compliant agreement was signed and from what I have seen they are falling a long way short of that

That is a standard line on many replies and similar to what Mr Carter always says, that the original creditor would have... :blah: :blah: :blah: How can a debt purchaser or solicitor possibly know what the original creditor would have done or the procedure they'd have followed? Only those who were employed by the bank in question at the time would have known the procedure.

I also don't see the reason for the bit about not admitting liability when dealing with a CCA request or a request for documents. I've just been speaking to someone who's won in court TWICE, not by denying liability but by establishing that the creditor had not drafted a proper agreement to start with. :juge:

[PauloLP]

Re: Bryan Carter LLP / Lowell Portfolio

Hi All,

Thanks for your respective replies! Mr Carter has sent additional correspondence this week but it's much of the same! Please see the below:-







Again as per my previous letter this does not comply with my request... Mr Carter & Co appear not to have the requested information.

Thoughts welcomed!

[nemesis45]

Re: Bryan Carter LLP / Lowell Portfolio

If it's still just that page it's rubbish!!

Just an application form without even the data required for an application!!

Write to Carter as follows.

Ref: use carters.

Dear Mr Carter,

I am in receipt of your letter dated............. and the enclosed " application" form claimed to be sufficient to satisfy
my CCA request and enforce the alleged debt through the county court system.

I am sure you are fully aware that the document provided is of no merit and I think I have no
need to explain the reasons for this and the document is rejected.

I suggest now that you refer to your client regarding this matter and urge them to withdraw this frivolous claim.

yours etc.

us signed for post.

nem

nem

[PauloLP]

Re: Bryan Carter LLP / Lowell Portfolio

Hi Nem,

Hope Friday finds you well!

Yes it's the exact same page I'm afraid! I'll draft another letter advising that as this still fails to comply with my CCA request the claim by his client is rejected and should their client wish to proceed to court they ought to set a date and advise me of the same.

[nemesis45]

Re: Bryan Carter LLP / Lowell Portfolio

Hi Nem,

Hope Friday finds you well!

Yes it's the exact same page I'm afraid! I'll draft another letter advising that as this still fails to comply with my CCA request the claim by his client is rejected and should their client wish to proceed to court they ought to set a date and advise me of the same.

Carters approach is pathetic as usual!!

nem