Help needed - Bryan Carter LLP and Lowell finance

[Victoria1412]

Hi, I don't know if anyone on here can assist.. Here is the background:

I got in to a bit of a sticky financial mess when I was a lot younger.. And for the past year or so have been addressing these... One account I randomly get letters etc for was an old loan with Lowell Finance...
I have not acknowledged this debt in writing or made any payments to Lowell or any partners of theirs I am sure for 7-8 years.. So this account should be statute barred.
I got a letter of intent from Bryan Carter saying that this was the final communications before they issued a claim to court and had 14 days to respond.
I sent a letter recorded delivery saying I didn't acknowledge the debt, and that it was SB but I then received a letter saying this was not SB as it was in sept 2009 the account defaulted..
Now I am pretty sure it was before then so have asked for them to provide all docs they have on record, copies of agreements and any acknowledgement or payment made on the account. The response from then I believe was put in neighbours postbox originally as I got the letter the evening a response was required so I sent a letter recorded delivery the following day.
Today I have received a court claim form the courts but no response from B Carter ?!
Please can someone help and advise what I should do next... ?!
I really have no idea if I am doing the right thing. Or indeed if it will cause further problems?'b👎😢👎😢

Many thanks
In Advance

T x

[Kati]

Re: Help needed - Bryan Carter LLP and Lowell finance

[MENTION=55034]nemesis45[/MENTION] and [MENTION=37786]FlamingParrot[/MENTION] are probably the best people to advise here ... don't worry, I'm sure you'll get some help soon xx

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

@nemesis45 and @FlamingParrot are probably the best people to advise here ... don't worry, I'm sure you'll get some help soon xx

Got it Katix

- - - Updated - - -

@nemesis45 and @FlamingParrot are probably the best people to advise here ... don't worry, I'm sure you'll get some help soon xx

Got it Katix

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi Welcome to LB.

Please assist with answers to the following:

1. Who was the original creditor?
2. What type of loan, secured, unsecured, HP or car loan? This is important as it affects the date the 6 year limitation period starts.
3. How much is being claimed?

To do now:

A CCA request to Lowell £1 statutory fee to pay, use a cheque or postal order endorsed " For Statutory Fee Only" Lowell has 12 + 2 Working Days to comply. Send by signed for post to Lowell HO address.

Next:

A CPR31. 14 request to Carter,(no fee) this is for all the documents mentioned in the Particulars of Claim (POC) nothing else can be requested.

Have you acknowledged service of the claim and intention to defend?

If not do this online at MCOL money claim on line.

Your credit reference file may give some info on the default date, if the entry still shows, try Noddle free credit files online.##

nem

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi, I don't know if anyone on here can assist.. Here is the background:

I got in to a bit of a sticky financial mess when I was a lot younger.. And for the past year or so have been addressing these... One account I randomly get letters etc for was an old loan with Lowell Finance...
I have not acknowledged this debt in writing or made any payments to Lowell or any partners of theirs I am sure for 7-8 years.. So this account should be statute barred.
I got a letter of intent from Bryan Carter saying that this was the final communications before they issued a claim to court and had 14 days to respond.
I sent a letter recorded delivery saying I didn't acknowledge the debt, and that it was SB but I then received a letter saying this was not SB as it was in sept 2009 the account defaulted..

Out of interest, does this account show on your credit files? If so, what's the default date on there?

Not that the default date recorded on there matters for SBd purposes. Defaults are meant to be recorded between 3 and 6 months after your first missed payment but those are just guidelines.

Now I am pretty sure it was before then so have asked for them to provide all docs they have on record, copies of agreements and any acknowledgement or payment made on the account. The response from then I believe was put in neighbours postbox originally as I got the letter the evening a response was required so I sent a letter recorded delivery the following day.
Today I have received a court claim form the courts but no response from B Carter ?!

Basically you need to follow the process set out here: http://www.legalbeagles.info/forums/...it-Court-Claim

Please can someone help and advise what I should do next... ?!
I really have no idea if I am doing the right thing. Or indeed if it will cause further problems?'b
x

You HAVE done the right thing. :thumb: They sent you a letter before claim and you responded to it, that means you complied with the pre-action conduct even when Mr Carter is a total stranger to procedure.

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thank you all...
Answers to the questions below are:
1. Who was the original creditor?
Blackhorse
2. What type of loan? Unsecured (I think.. Can't even remember what it was for?!&#128563
3. How much is being claimed? £1394.40

4. The account is not showing up on credit expert, would it appear somewhere else where I should look?!

I have also received a letter back from Lowell after asking for a copy of my information saying it is currently being dealt with by one of their external partners and I need to contact them regarding any queries, they have given me details for Fredrikson in Surrey.

Think I made a mistake before as I have sent a CCA request to BC with the £1 payment.. Should I now send one to this Frdrickson company? And should I send a CPR request to BC again as I sent them the CCA.. ?!

I will go online to day and acknowledge my intent to defend...

Thank you all so so much... I will look through the links you have sent.. I'm so glad you guys are here to help.. Thanks again
V x

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

Good morning,

If this debt arise from an unsecured loan Carter is wrong ( not unusual) stating that " the default date" is the start of the LA 1980 6 year period, it is in simple terms:

The date a contractual payment was due and not made after which no further payment or written acknowledgment of the debt was ever made.

Fredrickson is part of the Lowell group now so they are playing sill buggers again!!
Carter should have passed the CCA on, has your £ 1 fee been returned?

Send a new CCA to Freds and include the fee Cheque or Postal Order endorsed " for statutory fee only".

If Carter does not return the fee or confirm that he has forwarded it to Freds. ( Freds and Carter are " next door neighbours in Dehaviland Drive) we can make something out of that if needed.

Meanwhile may I suggest the following to Bryan Carter LLP.

For the Person Attention of Brian Carter
Principal Partner
Bryan Carter LLP

Date.......................:
Ref:Use Carter/Lowells.

Re: Alleged Debt/Statute Barred

Dear Mr Carter,

I refer to your letter dated ............................ in which it is claimed the alleged debt for £........: ... arising from an account with............... is not statute barred because the alleged debt was not defaulted until full default date.

As I am sure you are aware the alleged debt arises from an unsecured loan and the Limitation period of 6 years commences after a final payment, there has been no payment or unequivocal written acknowledgment of the alleged debt within the relevant 6 year period.

If you/your client are attempting to rely on the Appeal Court Judgement in BMW Finance - v - Hart, you are reminded that this was in relation to an Hire Purchase Contract not a debt arising from a simple contract.

I therefor reiterate my statement that the alleged debt is statute barred under the provisions of the Limitations Act 1980, and I will not make any payment or offer of payment.

Any court action will be robustly defended.

Yours etc.

Use signed for post, check delivery date: Copy to Freds as well.

nem

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi all, apologies for the delay I have had Internet issues the pas week..
Update as is:
I have responded back to the claim and acknowledged I will defend... And need to complete the defence forms.
I have received a letter from Bryan Carter dated 1st June stating they believe the debt is not SB as their clients position was the acct defaulted on 23/12/09.
They noted I was requesting for socents under the CCA and they have referred this to their client and revert back to me in due course.

On the same day, I recieved a letter from Lowell stating that a default notice was served to me on 23/12/09 from Blackhorse and the acct was not SB. They have noted from looking at my account the last payment was made on 31/07/08 so they have asked Blackhorse to confirm why the acct was not defaulted until the 23/12/09!! ( this was helpful to hear as I had no idea when the last payment was made!!)

My request for a SAR has been noted but I need to send them a £10 PO to process my request. I will send this tomorrow, however they do say that info they hold relating to me is any notes/ payment details/ letters recieved in relation to the account from the date Lowell purchased the debt. They are unlikely to hold any statements or agreements from original creditor. But they will still progress if I send the SAR payment. They then say the general management of the account is being handled by Fredrikson International (BC solicitors) so I need to direct any forget queries to them.

Can anyone tell me should I also send a SAR to Lowell and another one to Blackhorse?
As I only sent a £1 PO to Bryan Carter should I ask for this back or wait for them to respond back to me as advised? Or do I also send them a £10 SAR??

Also, if BC are going to use original docs, agreements, payments made etc or written confirmation frome acknowledging the debt, do I wait for them to send me a copy or get them direct from original creditor??

Thanks in advance again... You guys are a great help I would not have the first idea where to start!!

Many thanks
V

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

On the same day, I recieved a letter from Lowell stating that a default notice was served to me on 23/12/09 from Blackhorse and the acct was not SB. They have noted from looking at my account the last payment was made on 31/07/08 so they have asked Blackhorse to confirm why the acct was not defaulted until the 23/12/09!! ( this was helpful to hear as I had no idea when the last payment was made!!)

My request for a SAR has been noted but I need to send them a £10 PO to process my request. I will send this tomorrow, however they do say that info they hold relating to me is any notes/ payment details/ letters recieved in relation to the account from the date Lowell purchased the debt. They are unlikely to hold any statements or agreements from original creditor. But they will still progress if I send the SAR payment. They then say the general management of the account is being handled by Fredrikson International (BC solicitors) so I need to direct any forget queries to them.

Can anyone tell me should I also send a SAR to Lowell and another one to Blackhorse?

Normally SARs should go to the original creditor rather than the debt purchaser. Lowell are right in saying they would only hold data from the time they purchased the account and if you want statements, etc. you'd need to get them from BH. I'd say it's probably a waste of £10 to send a SAR to Lowell.

Do bear in mind that 40 days are allowed for a SAR response and you won't have that much time left before your deadline to submit your defence. :clock:

As I only sent a £1 PO to Bryan Carter should I ask for this back or wait for them to respond back to me as advised? Or do I also send them a £10 SAR??

The £1 po would have been for your CCA request, the SAR is totally separate, however, the SAR should not go to Bryan Carter, they would only hold data from the moment they were appointed to deal with this case.

Also, if BC are going to use original docs, agreements, payments made etc or written confirmation frome acknowledging the debt, do I wait for them to send me a copy or get them direct from original creditor??

BC will be directed by the court to disclose documents but that will be only after you submit your defence and the case is allocated, unless you decided to submit an unless order to the court.

Thanks in advance again... You guys are a great help I would not have the first idea where to start!!

Many thanks
V

With pleasure :yo:

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

Carter is wrong the default date does not change the fact an account starts the 6 year journey to SB status " on the date a contractual payment was due and not made, after which no further payment or written acknowledgment was ever made.

If this was an HP account then the date the creditor can first demand repayment in full start s the clock ticking.
Your CCA request for the agreement goes to Lowell with £1 fee, CPR 31.14 request goes to carter NO FEE payable.
Please confirm what type of account this was, HP, Personal Loan ??

SAR to the original creditor as the claimant will only have minimal data as supplied when they acquired the debt.

[Guest]

Re: Help needed - Bryan Carter LLP and Lowell finance

This is incorrect Nem
A HP debt is no different to a fixed sum loan in regard to the Sb situation(both come under section 5 SOL 1980). The period will commence as soon as they are able to request full repayment or take proceedings in both cases, this may be after the first missed payment or it may be later it depends on the agreement.
The OP needs to see the agreement.

However the SB defense must be made as this will reverse the burden of proof.

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi, so reading all this I need to send SAR to Blackhorse with PO for £10, a CCA and £1 PO to Lowell and a CPR 31.14 request to Bryan carter with no fee... (What is this and does anyone have a template)

In addition as information, this was an unsecured personal loan
Can't I start to submit my defence without any documents to prove anything?! Now a claim has gone in.. When can I expect this to go to court? Will it be local and do I attend in person or is it something dealt with online??
Many thanks
V

[FlamingParrot]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi, so reading all this I need to send SAR to Blackhorse with PO for £10,

That's right, see below:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request – S.7 Data Protection Act 1998

Under the Data Protection Act 1998, and including the right of subject access under this Act, I hereby request that you supply me with all historical data in your possession which, in any way relates to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, copies of stored telephone conversations, internal and external emails and any other information held on all types of media in any relevant filing system.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

- - - Updated - - -

a CCA and £1 PO to Lowell

I thought you had already sent this one as per your post above...

and a CPR 31.14 request to Bryan carter with no fee... (What is this and does anyone have a template)

You'll find full details and an example here: http://www.legalbeagles.info/forums/...ic-information

The letter has to be adapted according to what's mentioned on your particulars of claim, i.e. if they mention an agreement you can request a copy of the agreement, if they say the account was assigned you can request a copy of the notice of assignment, if a default is mentioned you can request a copy of the DN. :thumb:

Can't I start to submit my defence without any documents to prove anything?!

If you don't get the documents before the deadline for your defence, you could submit a generic defence based around the lack of documents.

Now a claim has gone in.. When can I expect this to go to court? Will it be local and do I attend in person or is it something dealt with online??

Once you submit a defence, the claimant will have 28 days to respond and say whether they intend to proceed with the claim. If they do, you will receive a directions questionnaire from the court. It will be a few months before a hearing date is scheduled, if it reaches that point, you'd have to attend in person. The claim will be transferred to your local court, on the DQ you will have the opportunity to state your preferred court. :typing:

[nemesis45]

Re: Help needed - Bryan Carter LLP and Lowell finance

Hi, so reading all this I need to send SAR to Blackhorse with PO for £10, a CCA and £1 PO to Lowell and a CPR 31.14 request to Bryan carter with no fee... (What is this and does anyone have a template)

In addition as information, this was an unsecured personal loan
Can't I start to submit my defence without any documents to prove anything?! Now a claim has gone in.. When can I expect this to go to court? Will it be local and do I attend in person or is it something dealt with online??
Many thanks
V

That's correct SAR £10 to the original creditor. (40 days to comply)
CCA to Claimant £ 1.00 12 + 2 Working Days to comply.
CPR31.14 to Solicitor no fee 7 days, likely to be declined.

Unsecured PL then Carter is wrong on the default date an he knows it and so do Lowell.

Nwm

[Victoria1412]

Re: Help needed - Bryan Carter LLP and Lowell finance

Thank you all, I will complete this all and send recorded delivery tomorrow and update you on the responses I get.. So if it does go to court and the court say I do need to pay for whatever reason if they can provide appropriate evidence... Would I automatically get a ccj or can a payment plan be put in place?!?
Thanks as always
V