**CASE DISMISSED in court *** brian carters letter Help needed..!!

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys,
Just to let you all know, i have posteed the prove it letter. Will let you knoe when the reply arrives.
thanks for your help.
G

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys
just a quick update..
i sent the prove it letter on the 14th, giving BC 14 days to reply..
ive heard nothing so far
G

[FlamingParrot]

Re: brian carters letter Help needed..!!

Hi guys
just a quick update..
i sent the prove it letter on the 14th, giving BC 14 days to reply..
ive heard nothing so far
G

Let's hope it stays that way...

[g-man13]

Re: brian carters letter Help needed..!!

Hi Guys,

Ive recieved a letter from Brian Carters again! Can anyone advise on what i should reply with? This one mentions frederickson international.. but ive had no correspondance of them at all..!
I will attach the letter.

Thanks in advance.

G

[MIKE770]

Re: brian carters letter Help needed..!!

what did the letter state????????????????

[g-man13]

Re: brian carters letter Help needed..!!

Please see attached letter

- - - Updated - - -

Sorry its not the best to read..! Can seem to upload a good image!

[FlamingParrot]

Re: brian carters letter Help needed..!!

Hi Guys,

Ive recieved a letter from Brian Carters again! Can anyone advise on what i should reply with? This one mentions frederickson international.. but ive had no correspondance of them at all..!
I will attach the letter.

Thanks in advance.

G

Please see attached letter

- - - Updated - - -

Sorry its not the best to read..! Can seem to upload a good image!

It's good enough to know what it is, it's a letter of claim and you should reply accordingly. I notice this is an overdraft so there would be no credit agreement but there should still have been a current account agreement. No DN required but there should have been a final demand for the overdraft to be repaid.

Ignore the mention of Frederickson who are just part of the Lovely Lowell Group and just reply to the lovely Mr Carter. :mmph:

Dear Sirs

Ref: xxxx

Thank you for your letter dated 26th of August 2015. I refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”
Paragraph 6 states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6 (c) of refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case. I require copies of the following:

1. The current account agreement;
2. The Final Demand;
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 be 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 faithfully,

[g-man13]

Re: brian carters letter Help needed..!!

Thank you.. i will post that off straight away!

[g-man13]

Re: brian carters letter Help needed..!!

Hi guys,

I received this today from BC. Any advice on my next move.
I did reply to the letter in may with a 'prove it' letter but never received a reply.
G

[FlamingParrot]

Re: brian carters letter Help needed..!!

Hi guys,

I received this today from BC. Any advice on my next move.
I did reply to the letter in may with a 'prove it' letter but never received a reply.
G

One thing I notice is that he's stepped down a notch or two, his latest was a letter of claim, i.e. a letter that must be sent prior to issuing court proceedings, and the reply I drafted was to address that situation. His reply has gone off on a tangent, back to a letter he sent in May, and he's no longer saying he's going to issue a claim if you don't pay up, just that "collection activity *may* resume". I'd say that's quite a long step down from issuing a claim :grin: which would have been his next step had you not responded to his letter of claim. :typing:

You asked for documents, he provided none, only a copy of a letter he sent in May, I'd hardly call that compliance with the pre-action conduct or even a reply to your letter. You've done your bit so I hardly see any need to reply to his latest where he offered nothing new.

[g-man13]

Re: brian carters letter Help needed..!!

Ok.. i thought as much.. should i just sit tight and wait then??!!

[FlamingParrot]

Re: brian carters letter Help needed..!!

Ok.. i thought as much.. should i just sit tight and wait then??!!

Not much point arguing with him, he's not got any documents and has taken a big step down. :bolt:

[g-man13]

Re: brian carters letter Help needed..!!

Help please guys!!!
I receieved a claim from the county court regarding the above thread. What should i do now??

[g-man13]

Re: brian carters letter Help needed..!!

This is the letter

[FlamingParrot]

Re: brian carters letter Help needed..!!

Help please guys!!!
I receieved a claim from the county court regarding the above thread. What should i do now??

I went back to the previous page and I saw this was supposed to be an overdraft, yet the particulars of claim state an agreement regulated by the Consumer Credit Act. The account number is also on the form and although it's not clear enough for me to make out the numbers, it's a 14 digit number rather than a current account number which are usually 8 digits. It could well be an account number given by Lowell but I was wondering whether you had other accounts with Lloyds, maybe a loan? :confused2:

You need to start by acknowledging service, which you can do online as noted here: http://www.legalbeagles.info/forums/...313#post499313

Once you do that, you have a total of 33 days to file a defence from the date printed on the claim.

Below are the first steps to take upon receipt of a claim:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If it was an overdraft, the CCA request wouldn't apply, however, as the particulars of claim very clearly mention an agreement regulated by the CCA, I'd be inclined to send the CCA request to Lowell anyway, and see what they come up with. Don't forget the £1 PO. They should respond in 12+2 working days.

In your CPR request you can ask for copies of:

• the credit agreement
• the notice of assignment
• the default notice

The CPR request goes to Mr Carter (no fee required). He should respond in 7 days.

Both letters should be sent recorded delivery. :typing: