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downrights

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About downrights

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  1. Just an update for everyone. The case went all the way to court but was dismissed. Along the way Bryan Carter and Lowell never sent any of the requested documentation or witness statements and the day before the hearing had requested a two month extension as Lowell's new in-house legal team had taken over from Bryan Carter. This was refused and as my partner submitted information via the clerk about no witness statement from Bryan Carter along with everything else it was dismissed in minutes. Thank you very much for the help, I guess the key takeaway is that these t
  2. Just got a response from Bryan Carter regarding the CPR 31.14 request for the agreement, the assignment, the default notice and the statement of account. "We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you. It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agr
  3. I appreciate the timeline, I had worked it out with a day more so this will save any embarrassment by filing a late defence and earning a default judgement. My research so far reveals the following as an appropriate defence, I am led to believe statute-barred debt is an absolute defence. If anyone more knowledgable could give it the once over that would be much appreciated. 1. The Claimant's claim was issued on 27th August 2015. 2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statue barred pursuant to the provisions of section 5 of the li
  4. No request was made for a copy of a credit agreement. My prior research had led me to understand that a £1 statutory fee can sometimes be applied against a debt, but this is most certainly not the case here. The initial response I got from Bryan Carter before finding this forum was: "We confirm that you last made a payment towards this account on 12 July 2010 in the sum of £1.00. The debt is therefore not statue barred and it is our client's position that the outstanding balance remains payable by you." I have acknowledged the service and sent the two templates advised, one to L
  5. Hello everyone. I am helping my partner defend a recent claim received from Bryan Carter on behalf of Lowell. There were some outstanding debts on my partner’s credit file upon our return from living abroad for the past six years (winter 2008 to winter 2014) but all default dates were shown between March and May 2009 and have since dropped off as they were over six years old. Since receiving the claim and prior to finding this excellent forum the claim was acknowledged I posted an edited template found on another site to Bryan Cater stating the debt is statute barred an
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