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Hi. I am new to this forum and I am hoping someone out there can give me some advice.
On November 15 2013 I received a letter from Bryan Carter solicitors stating that as I had not contacted them regarding an outstanding debt with Lowell Financial and they would be proceding with a County Court judgement against me. The amount they said I owed is £1541.80. As this was the first letter I had received and do not recognise Lowell as a debtor I went on your forum and read up about this Bryan Carter. I immediately sent a request in writing to Bryan Carter and Lowell for them to send me my CCA. I sent this request on 19th November and enclosed a £1 postal order. I posted the requests by Royal Mail by delivery confirmation and can confirm both Bryan and Lowell received on the 21st of Nov.
To date, I have not received my original CCA from either.
On Dec 5th, I received a request from the Northampton CCBC stating that Lowell was seeking a CCJ against me. I filed a defence motion and sent a request to have it thrown on the basis that Bryan and Lowell had not supplied me with my CCA within 10 days of my request and also I did not believe the debt to be mine as the claimants had not proved that the debt was in fact mine or that goods or serviced had been provided. The name mentioned in the court papers was 'Shop Direct' and I do not recognise this name as a debtor either.
On 17th Dec I received a letter from HM Courts and Tribunal Service stating that they were in receipt of my defence and that the claimant would be in contact to resolve. Also that the claimant would inform the court how they wished to proceed.
On 23rd Dec, I received a letter from Bryan Carter stating that their client, Lowell wished to proceed with the claim but would agree in principle mediation. A letter was also sent by Bryan to Northampton Court.
On 23rd Dec, I received another letter from Bryan stating that their client Lowell would be willing to accept monthly installments (For me to select a sum and they would consider if it was reasonable). They asked that I sign an attached form which is a consent order stating that I agree to the monthly payments.
The issue that I have is that although I suspect the debt may belong to me, from 2008, I have no original CCA or proof of goods or services provided by any party named in the claim. They have ignored my request made for the original CCA but respond immediately as soon as I file a defence with the courts. If I now sign this form it would be agreeing I owe this and this would then be on record with the courts. The letter says if I do not sign and agree within 7 days from the 23rd Dec then Bryan will request the order be placed against me and strike out my defence. I'm not sure how they can do this as isn't the burden of proof on them to prove to the courts that I owe this amount and it belongs to me? I really just don't want a CCJ placed against me.
As it has been holiday time I didn't receive this letter from Bryan until yesterday so I only have until tomorrow to respond. Any help or advice you can give is greatly appreciated. As you can imagine this has caused me great amounts of distress.
In case it helps, I can upload any documents that relate to this if needed.
Thank you
On November 15 2013 I received a letter from Bryan Carter solicitors stating that as I had not contacted them regarding an outstanding debt with Lowell Financial and they would be proceding with a County Court judgement against me. The amount they said I owed is £1541.80. As this was the first letter I had received and do not recognise Lowell as a debtor I went on your forum and read up about this Bryan Carter. I immediately sent a request in writing to Bryan Carter and Lowell for them to send me my CCA. I sent this request on 19th November and enclosed a £1 postal order. I posted the requests by Royal Mail by delivery confirmation and can confirm both Bryan and Lowell received on the 21st of Nov.
To date, I have not received my original CCA from either.
On Dec 5th, I received a request from the Northampton CCBC stating that Lowell was seeking a CCJ against me. I filed a defence motion and sent a request to have it thrown on the basis that Bryan and Lowell had not supplied me with my CCA within 10 days of my request and also I did not believe the debt to be mine as the claimants had not proved that the debt was in fact mine or that goods or serviced had been provided. The name mentioned in the court papers was 'Shop Direct' and I do not recognise this name as a debtor either.
On 17th Dec I received a letter from HM Courts and Tribunal Service stating that they were in receipt of my defence and that the claimant would be in contact to resolve. Also that the claimant would inform the court how they wished to proceed.
On 23rd Dec, I received a letter from Bryan Carter stating that their client, Lowell wished to proceed with the claim but would agree in principle mediation. A letter was also sent by Bryan to Northampton Court.
On 23rd Dec, I received another letter from Bryan stating that their client Lowell would be willing to accept monthly installments (For me to select a sum and they would consider if it was reasonable). They asked that I sign an attached form which is a consent order stating that I agree to the monthly payments.
The issue that I have is that although I suspect the debt may belong to me, from 2008, I have no original CCA or proof of goods or services provided by any party named in the claim. They have ignored my request made for the original CCA but respond immediately as soon as I file a defence with the courts. If I now sign this form it would be agreeing I owe this and this would then be on record with the courts. The letter says if I do not sign and agree within 7 days from the 23rd Dec then Bryan will request the order be placed against me and strike out my defence. I'm not sure how they can do this as isn't the burden of proof on them to prove to the courts that I owe this amount and it belongs to me? I really just don't want a CCJ placed against me.
As it has been holiday time I didn't receive this letter from Bryan until yesterday so I only have until tomorrow to respond. Any help or advice you can give is greatly appreciated. As you can imagine this has caused me great amounts of distress.
In case it helps, I can upload any documents that relate to this if needed.
Thank you
