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  1. Hi, Ive CCA'd Mint for my card agreement and they have seemingly sent a good copy of a signed agreement. They also attached a 3 pages of a photocopied set of Terms & Conditions. Lots of very small print that will not scan & copy very well so have not included it here at the moment. Could someone please have a look at the Credit agreement an tell me if you think that it is enforceable or what action to take next to try and verify it. They sent current T&C's plus a Card re-issue letter with associated T&C's Also current outstanding values owed to the account. The signature, dates, my information and name all seem to be correct. Have also attached the letter they sent with it. Hope you can give me some good news. Thanx Murph
  2. Hi, Making a fairly desperate request for help as now find myself at a loss as the way (best way) to proceed. I have received a claim form for a CCJ out of Northampton County Court by Bryan Carter Solicitors and am now at a complete loss as how to proceed with a defence. The claimant is Lowell Portofolio Date of Issue was 8 July and I acknowledged on the 22 July with intention to defend in full and this was received on 23 July so I believe have until 9 August to submit my defence (33 days after the date of issue)? The Particulars of the claim are: This claim is for 4790. The Amount due under an agreement between the original creditor and the defendant to provide finance &/ or service &/ or goods. This debt was assigned to / purchased by Lowell Portfolio on 06/01/2012 and noticed served pursuant to the law of property act 1925. Particulars: HSBC Bank PLC Acc no ******/88888888 And the claimant claims 4900 The claim also claim interest pursuant to S69 county court act 1984 from 06/01/2012 to date at 8% per annum amounting to 975 (Including court fee and solicitors costs it comes to total of 6400) I believe the claim is for an overdraft/current account Account was assigned and the debt purchaser has issued the claim. I did not receive the notice of assignment as I moved out of my old flat on 31 May 2012 the day before the debt was assigned, then moved to a friends house for 2 weeks before going on to another flat which was to going to be another short term let but ended up staying there for 6 months but did not register that address as it was always going to be a short term stay as landlord was selling the flat (but took them longer than they thought). I have no idea if I received a default notice. But I have not received statuary notice of default sums at least once a year. I ceased payments as I was unemployed and in a lot of financial trouble and was considering declaring bankruptcy but instead opened a safe bank account in 2008 - (I'm not sure of the exact date so do not know exactly when in 2008 I stopped using my HSBC account). I didn't communcate financial problems to the original creditor and didn't make any attempt to enter in a debt management plan instead opened the safe account whilst I found out what my options were re bankruptcy. I sent a CPR31.14 request after acknowledging the claim to Bryan Carter and received what I believe is there standard issue reply stating that it is a simple contractual matter and that in any event the Notices of default and assignment left the control of the claimant when they were dispatched to you - and asking me to refer to my own records and that they are not agreeable to to an extension in filing the defence. But now I am unsure how to proceed with my own defence - I am not sure exactly what the debt is for as my overdraft I think was 1000-1500 and so am uncertain how this has risen to 4900 and whether this includes any other HSBC debt such as credit card? (I had a HSBC credit card I had stopped using by 2008). I'm not sure whether to use what people seem to refer to as an embarrassed defence? Or I'm not sure whether the debt is statute barred as I'm not sure exactly when in 2008 I stopped using the account and from reading the forums it seems to be complex as to when the date starts for a current account to be considered statute barred. Any advice of options of how to proceed would be gratefully received as obviously the time to submit my claim is rapidly approaching, depression is kicking in and I'm very confused as to what the best step to take next is. Many thanks in advance if you have any advice or suggestions
  3. 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 and encouraging them to discontinue the claim. A reply to this letter has been received alleging a payment of £1 was made to the account in July 2010. Today after researching on the forum a CCA request has been sent to Lowell and a CPR 31.14 request to Bryan Carter. I appreciate any help in dealing with this phantom payment and submitting an adequately worded defence. Name of the Claimant? LOWELL PORTFOLIO I LTD Date of issue? 27 AUG 2015 What is the claim for? 1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 671–, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CAPITAL ONE UNDER ACCOUNT REFERENCE — AND ASSIGNED TO THE CLAIMANT ON 06/10/2009, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH. AND THE CLAIMANT CLAIMS 671– THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 53– What is the value of the claim? 855– Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Unsure, but probably 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. purchaser Were you aware the account had been assigned — did you receive a Notice of Assignment? No. Had been living abroad between 2008 and 2014. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Financial hard ship. What was the date of your last payment? Unsure, it is possible no payment was ever made. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  4. I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now. The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it. Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then? 1. Can they still chase me privately? 2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?) Any help / advice appreciaed, thank you!
  5. I need to file my Defence by Sunday 18th May 2014, here's a brief outline to the claim, to my knowledge this alleged debt is statue barred.... The Original alleged debt was with Lloyds TSB for a BANK ACCOUNT, but the debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 9th November 2007, after that we didn't use the account, but Lloyds TSB kept applying Account Charges, Interest and finally the account was closed/passed to debt recovery Nov 2008 suspending interest & Charges. The final demand letter was 24th Nov 2007. - On 15th April 2014 Bryan Carter wrote to us stated they have issued a claim and we should receive it in 48 hours!!! Lowell is their Client as they bought the debt off Lloyds, debt is £1400, all Default Charges. We acknowledged the claim and now the defence needs to be filed by 18th May. Am I correct in saying that this alleged debt is 'Statute Barred'.......The account was also a Joint Account but the claim arrived is just against one of us..... Any help and advice would be highly appreciated as I need to file my Defence by Sunday 18th May 2014. Many thanks im4347
  6. Hello Everyone, I've spent a lot of time reading on forums today, but thought perhaps best to post on my own. I've recieved a letter from Bryan Carter solicitors saying they have been instructed by Frederickson to issue court proceedings on 7th Feb if I don't pay up now (£433.38). From reading online it appears this Bryan bloke isn't just threatening, and he probably will issue proceedings. After looking on noddle, I can see a default for that amount, and its for a vanquis credit card that had a limit of £250. I was making payments on this, but stopped mid 2009. I understand I'm now going to have to deal with a lot of letters etc. My confusion is to what to do first. Do I 1) Wait and see if i get the court proceedings (my research online tells me they will go ahead though) or 2) send them a prove it to both lowell and BC or 3)Although, I know I had this CC so am I best just to contact Lowell and make a payment plan? As I had been making payments on it before, so if it went to court I would have no defence. I don't have the money to pay this off in full, or even to make a settlement offer (I work PT on a low income and we are just keeping our heads above water now), my only option would be to ring them and offer maybe £25 a month (at a real push) do you think they would accept that? I'm also reluctant to get a CCJ however as this will mess up the next 6 years for me just when I feel like there may be a light at the end of our financial tunnel. What do people suggest I do first? Many Thanks in advance!
  7. Name of Claimant: Lowell Portfolio 1 Ltd re Lowell Finance Ltd Documents and payments send to: Bryan Carter Solicitors. Date of Issue: 23 May 2014 What is claim for: This claim is for 800 the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and/or goods. This debt was assigned to/purchased by Lowell Portfolio on XX 07 2013 and notice served pursuant to the law of property act 1925. Particulars Lloyds A/C No xxxxxxxxxxx And the claimant claims 800. The claimant also claims interest pursuant to county court act 1964 from XX 07 2013 to date at 8% per annum amounting to 50. Value of claim: Total £980 Claim is for a defaulted current bank account/overdraft. Unsure when entered into original agreement (See below) overdaft occured in 2007 so possibly original account pre 2007. Claim is issued by the debt purchaser. Unsure if a notice of assignation issued. (See below) Original creditor sent default notice early 2008. Unsure if Notice of default sums issued yearly. (See below) Payments ceased because unable to pay the £20 a day bank charges which then became £40 a day. The bank were telephoned to state unable to afford bank charges. No acceptable resolution could be reached. All further contact has been ignored. Further info I'm posting this to try and help the son of a friend. As such I don't have the full details but have looked through a pile of paperwork they kept. I think a fair bit has been thrown away. The debt was originally around £100 of unauthorised overdaft with Lloyds in 2007. Lloyds started adding bank charges including a £20 a day charge, which at one point i'm told doubled to £40 a day. After an unsuccesful conversation with Lloyds the youngster abandoned the account and ignored further communications, which went on to come from debt collection agencies and finally Lowells who have now issued a claim through the courts via Bryan Carter Solicitors. I would like to help him defend the claim rather than see him offer no defence and get rubber stamped a CCJ. Two things strike me... 1) This debt arises from bank charges that were ultimately ruled unfair I believe. There was a time when these could have been reclaimed, sadly he didn't do that. So can these charges now be enforceable? 2) It's over six years since any payments/debt acknowledged and I'm fairly certain the default notice is over 6 years old, the last payments certainly were (I can check the date as they have the notice). So i think this debt should be statute barred. Any advice on the best way to proceed would be appreciated. I'm thinking we need to get them to prove they have the appropriate proof of the debt in place and that it's not statute barred but no idea how to go about that. Also the claim is from the County Court Business Centre in Northampton. This is no where near us and not his local court. Should this be transferred to his local court? And if so how is that done. Thanks in advance!
  8. Hi all, I'm looking for some advice in regard to a very old Barclaycard account which my husband is being chased for. We sent a "prove it" letter to Bryan Carter solicitors, and have now received a letter from Fredrickson stating that if full payment is not received within 48hrs, Fredrickson will recommend that Lowell commence legal proceedings. Am I right in thinking we should now sent a CCA request to Lowell?
  9. Hi, I received a letter today stating that BC Solicitors have started court proceedings on an account that is about 8 years old now. I made a tiny payment in December 2013 when I was being hounded, but my job went part-time and I couldn't afford to pay more. Is there anything I can do to prevent going to court, or do I just have to pay them? I only earn £450 a month, so I have literally no spare money to pay them with! Any help will be greatly appreciated!
  10. Hi , my wife had an old Halifax account that she hasn't used in over 5 years (last used around Feb 2008) and she accrued a debt of over £1400 on the credit card + £500 on overdraft. The original debts were well below these figures but added charges + accrued interest on top, makes these figures as things stand. We then left for Australia as part of my work, and only recently been back. Fast forward now, and the greed machine have been grinding away hard, the latest company to have taken over is Bryan Carter LLP (no less !). This outfit now sent a letter three weeks ago to my wife threatening court action and CCJs. After reading few useful (always!) articles here, I decided to CCA Bryan Carter (+ £1 as per law) and I was about to SAR Halifax. To my surprise, Bryan Carter sent back a reply within 2 days, and they say: "We thank you for your recent letter the contents of which we note. If you require documentation under Consumer Credit Act 1974, you may request this directly from our client with the appropriate fee". In the meantime, please contact us with your payment proposals". How can they chase this debt then if they cannot or do not hold any valid, relevant and original agreement? What is the course of action in this case? Thanks for your help and for reading this.
  11. Hi, I wonder if anyone can help. I've received a letter with regard to an historic credit card debt. Bryan Carter Solicitors LLP have been instructed to issue court proceedings in the next couple of days. I've checked my bank statements and the last time I paid anything on the credit card was well over 6 years ago. I've never acknowledged the debt and they've never issued a CCJ. Is the debt Statute Barred? When does the clock start ticking? Is it the day I missed the first payment? If so, then it's probably 6 and a half years old. Any advice? If it is Statute Barred any advice on how to get these guys off my back? Thanks
  12. I've recently received a letter from Fredricksons chasing a debt and advising me they may take me to court. I have copies of the Prove It and CCA letters but I'm unsure which one I should send. The debt does exist and is from before my divorce 5 years ago but I haven't acknowledged it or entered into any correspondence with them about it. Additionally, last year I received a letter from Bryan Carter solicitors about another debt and I sent a CCA request to them with the £1 postal order, they acknowledged receipt and said they passed it on to the creditor but I've heard nothing since and certainly didn't receive any CCA - can I now assume that debt is now unenforceable or do I need to do anything more? Any advice is greatly appreciated.
  13. Hello all, My second enquiry so far is regarding a debt I suspected was statute barred even though it is showing as due to be stat barred in May 2014 on my credit file. The original debt was with barclaycard, after receiving some fast paced threats recently from fredrickson and now bryan carter on behalf of lowell, I called barclaycard to get confirmation. The last payment received on this account was dec 2004 through the original creditor barclaycard and was charged off at the end of May 2008 and then sold to lowell in 2010. What is the next step I should take as it looks like they want to rush this one to court so I need to get on top of this one urgently. Any help or advice would be really appreciated.
  14. Hi i am hoping someone can help or at least point me in the right direction. Back in 2008-09 i went through a really difficult period, i was laid off work due to sickness and my relationship ended so with various bills an no income i found myself in a mess. I contacted all my debtors to arrange a payment plan but egg credit card weren't interested in letting me pay what i could afford, i managed to pay token amounts but then i couldn't keep up with this, they defaulted the account, then i didn't hear anything until i received a letter from Bryan Carter, they asked me to pay a chunk of the debt to stop it going to court, i wasn't in a position to do this so they sent the forms and i made an offer to pay of £20 month, being naive at this time i didn't actually realise the conseqence of what was about to happen, ie a CCJ being registered. ....so annoying as i would have asked my parents for help had i known. i have been paying £20 month since the CCJ was registered 22/7/09 until June this year, i rang BC to change the payment date an they informed me the debt was no longer with them and that i would hear from Westcot in due course. No contact until 12.9.13 with the headline 'failure to make payment' saying despite their letter of 28th August i have failed to make a payment or enter into an agreed plan, unless i contact them urgently to make a payment or to establish a regular repayment plan they will have no option but to recover the debt, this will be either: Legal action through the court and judgement obtained against me (haven't they already done this)? Refer the debt to a door stop collections agency. what i want to know is it worth me asking for a full statement of the account before it was taken to court, after reading these forums i am sure there will be charges that were applied that i could possibly claim back!? What will happen in 2 years (when the CCJ falls off credit report) i am sure unless i find myself with a windfall i will still be paying this debt, i don't have a problem paying what i owe when they are genuine charges. I also have 2 other debts that are still not resolved that are with HSBC so hoping some kind person may advise me on these also. Thank you for taking the time to read, any constructive advice is very welcome
  15. Hi and thanks ahead to anyone who can take the time to advise me. Firstly im not even sure how to use this but im hoping someone can direct me in the right direction. I recieved a letter from Bryan Carter a few days ago telling me that they have applied to the court to issue me for a outstanding balance with jd williams, but on behalf of Lowell Finacial. Myself and husband struggled a few years ago and did have a few accounts but to be honest this one does not ring a bell and definetly not for £1365 as they are stating we owe. Iv never had a credit limit over 250. After reading many posts on hear i decided to wait for the arrival of the ccc and sure it arrived today . I acknowledged the claim on line and said that i am defending the whole thing. ( sorry not good with the correct terminology).or spelling lol . Anyway i have copied out the cpr letter and intend to send it asap recorded del in the morning. My questions are what is the next step . I have no correspondance from this account and cant even recall it , and on the cc papers it states this:- THE CLAIM IS FOR 1365.88 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS. THIS DEBT WAS ASSIGNED TO / PURCHASED BY LOWELL PORTFOLIO LTD ON 20/12/12 AND NOTICE SERVED PURSAUANT TO THE LAW OF PROPERTY ACT 1925 , PARTICULARS JDWILLIAMS , THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 20/12/2012 TO DATE AT 8% PER ANNUM AMOUNTING TO 87.89. Any advice will be gratly recieved. I also would like to add i am a person who never signs agreements so i know this definetly would be the case. They wont have a signiture off me . kind reguards
  16. Hi all, I posted about this a while ago when I got the letter before action for a Shop Direct debt. I didn't do anything about the letter, despite some excellent advice (yes, I'm an idiot but life got in the way) and yesterday I received a letter from Byran Carter dated 15/01/14 stating they'd issued litigation proceedings. Today I got the court documents. I've read a few threads on here and I get the general idea of what I need to do - file an acknowledgement with the court, then I have 28 days from the 15th to file my defence. I have no documentation whatsoever about this debt. The court documents are saying the debt was assigned to/purchased by Lowell on the 06/04/2012. The claim amount is for £238.49 on the court documents, but the letter I have from Bryan Carter says different figures. The Bryan Carter letter says: Principal balance: £337.38 Interest: £33.89 Court Fees: £50 Solicitor Costs: £15 Outstanding Balance to pay now: £337.38 Now, I don't claim to be a mathematical genius but it"s obvious to me that Bryan Carter have made a mistake in naming the principle balance to be £337.38 because if you take the balance claimed for on the court documents (238.49) and add the interest, court fees and solicitor costs (238.49 + 33.89 + 50 + 15 = 337.38) you get what they've named as the outstanding balance. Can I use that mistake in any way? I'd really appreciate any advice you have, particularly if it's in an easy to understand step-by-step format as my brain is a bit frazzled at the moment! ETA: Ignore the bit about me assuming he'd made a mistake with his maths. I assumed principle balance meant 'balance owed before charges added. My mistake there...
  17. Hello all Im not new but still a newbie lol, I have had a court claim sent from Bryan carter to which I tried to sort it out myself without posting....big mistake . I sent a CPR18 but by looking though some other posts it seems I have sent the wrong thing. I have had a reply for the CPR 18 from Bryan carter which I have attached a scanned copy to this post. Please can someone help, I don't like owing money and this account was originally for £200 which I had offered to pay shop direct but they refused, didn't do this in writing though(another mistake I expect) I had tried to keep up the payments but once the 1st lot of charges went on, which I think was late payment charge of £25 + account in arrears charge another £25 and by then the next monthly payment I just couldn't afford it. I asked the catalogue then if they could help by at least dropping 1 of the charges which they said wasn't possible so now I owe £725.60! I know I never did send back the signed credit agreement and at the time my husband who is self employed had no work and was on JSA and we had 3 young kids. T his was about 4 and a half years ago and have spoken to the DCA's and bryan carter about paying the original £200 but they wouldn't accept my offer. I have done the acknowledgment of service online and have until the 19th of December. I don't know if anyone will be able to help, after having to unplug my landline because of 10+ calls a day if I can I don't want to have to pay bryan carter a penny. Sorry for the long post I hope someone can help me.
  18. Hello, I received the best early Christmas present today. A letter from Bryan Carter informing me that within the next 48 hours I will be receiving papers from 'the County Court' where they will be wanting me to receive a CCJ. This is in respect of an old Marisota/Simply Be debt that originally was around 700 quid. Eventually this became around 1400 with charges JD Williams group kept adding. I offered to pay JD Williams a minimum payment each month over the phone, but they refused and hassled me all the time resulting in me changing my number. The debt was sold to Lowell who upped it with their costs to 1541 pounds. The debt was then transferred to Frederickson International, who I have had run ins with in the past. I ignored them because of the stupid bully boy tactics they use, and now find myself with this letter pre-warning me of my court invite. They have given me a number to call and discuss my account with them...........is this genuine or a scare tactic? I think my original date of default is around Summer 2011 which is after JD Williams group added their obscene charges. I now need some help. What can I do to get me on the best footing for arguing my case. I will gladly pay the amoudnt I owe, but I am not paying the 1882 quid that Bryan Carter are asking for. What is my legal stand point? Do I need to send a SAR to Lowell or Frederickson or both? Is it even an SAR I need? Any advice or signposting would be gratefully accepted. Cheers.
  19. Hi Caggers, I could really use some advice please. This is a bit long winded but I don't want to leave anything out. I had a capital One CC back in 2001 with a balance of £250 outstanding. My newborn son was in Hospital for a few months and during this time I was obviously spending all my time in the hospital and not working. I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered so in a rage I told them to stick their card and sue me if they thought they were going to get another penny out of me. they defaulted me and added loads of charges (as they do). A few months later I decided that I had better try to sort it all out and contacted them and agreed monthly repayments. I made 1 payment of the agreed amount (£10) and the next month they took double the amount from my bank so I cancelled it. They were still adding monthly charges of more than I was paying s o I would have never paid it off. so I just stopped talking to them and burned all the paperwork I had. I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure, no money and those snakes taking my petrol money so I couldn't travel to the hospital. Just to be clear this all happened between June 2001 and March 2002. I haven't spoken or written to them since and the debt has done the rounds through different DCA's until it's ended up with Lowlife with an outstanding balance of £1001.80 After finding this wonderful site I have slowly begun to build up the courage to deal with this. on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell which I decided to reply to with the bog standard prove it letter. Shockingly (ok it isnt a shock) Lowlife have ignored my prove it letter and sent another threat o gram saying they will be sent to Fredrickson blah blah. should I send another prove it letter or go for the SB letter? I am positive I never had a letter of assignment from lowlife or capital none Isn't that supposed to be hand delivered or sent registered? Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.
  20. Hi Thank you for the wealth of information I was wondering if I could also get some help here. I have received a Claim form (issued 8th Oct) from Northampton CC Bulk Centre and the claimant is Lowell with their sidekick Bryan Carter with regards to an old mobile phone contract. Have been reading around the forum and the info on the PoC (amounts rounded off) are: This Claim is for 290 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell on 09/2008 AND NOTICE SERVED pursuant to the law of property act 1925 Particulars Re: T-Mobile and the claimant claims 290 The claimant also claims interest pursuant to s69 count court act 1984 from 09/2008(same exact date as debt assigned) to date at 8% per annum amounting to 118 If I owe them anything, it is nowhere near this amount . It is my fault that I lacked the confidence to deal with them or debt collectors and their bullying before as for a long while I have fluctuated from panicking to saying I will get to it and time has gone by. I have learnt some things, but sometimes still seems that they seem to be able to get away with far too much and now wish to deal with it all. I was hoping to sort this out before it got to this stage. However, this has happened and I am hoping that there is something that I can do. I moved house 2 months ago and this came to the old address, but received this through redirection that I had set up - I think they are hoping for a default judgement. I wold like to defend this and prove that I owe this amount. Please correct me if I am wrong... I need to do a CPR request: Part 18 & 31.14 and CCA request to to Carter. Also I need to fill in the form online and put in to defend the whole claim? I was reading a thread on here where someone has had something very similar but theirs was for a CC. But how would this differ for an old Mobile Phone Contract? The alleged debt came to be from a default in 2007. ..I found this info on an old 2011 credit report. However, on an credit report in 2009, there was no record of it. At one point I was paying £2.12 per month as per CAB advice. However, if I remember rightly I stopped once they started claiming I wasn't paying and started sending me letters and harassing me. The balance owed seems to have changed also, from £95 to £352 to £500. Where do they get their amounts from? Please could anyone clarify that this is the info that I need to send off for and how if indeed I can do to defend. Thank you N
  21. Hi , Im new to these forums and really need some guidance on were to go with this matter. In 2010 i took out a mobile phone contract with orange the contract was for a iphone as far as im aware , after a few problems i returned the handset was within the 7 day period, i then tried 2 more handsets and couldnt settle and returned these, as far as i remember the contract would have been a 18 month contract at £35.00. My problem is after returning these handsets i moved 2 months later . had mail redirected for 28 days and in this time dont remember recieving anything inregards to this. Anyway the debt as now been passed over to bryan carter and court documents have been recieved. i want to defend this debt. Bryan carter are telling me a payment was recieved for £89 ( i think this may be a credit actually from orange on to the account for the delivery fees - and the partial months - How do i find out if this is the case? . Also bryan carter are telling me the debt was sold to lowell in 2011, its now 2013? . If id taken out a contract for 18 months - The balance would be £630 , If it was 24 months £840. this doesnt include termination fees and there others fees?? The balance is £276.19 - without court fees. This doesnt make sense? Even if i add the £89 theyve recieved were does this amout come from? (£365.19) . Can anyone offer any advice on how i procede with this. All correspondence recieved so far is also for my new address (been here nearly 3 years) . No one as ever mention my previous address . I moved here january 2011 . Really stuck at what to do but dont wanna end up paying for something im sure i returned. Thank You in advance
  22. I need advice with regards to Bryan Carter solicitors. Bryan Carter took out a CCJ on 16/09/11 for total amount of £1061.29 and the claimant was with phoenix recoveries (shown on judgement). I receive letter on same date of judgement 16/09/11 saying that phoenix has assigned all rights to arrow global which was effective on 13/05/11 and all future payments to go to fredrickson international limited. I then receive letter 28/09/11 from bryan carter to pay them and now the amount has gone up to £1101.29. At the time I was going through a very bad time so didn't even read the letters properly. I am trying to get it sorted,and have been paying it off, have £500 left to pay. What i am confused about is how can Phoenix be the claimant on judgement when it was arrow who had the debt, I have sent an email last year to fredrickson and never received a reply. Another thing I receive my credit report every month and received an update last week stating that Fredrickson have removed details about themselves from my file, why has that happen, I still have the judgement showing but not saying who it is with? Sorry for all the info but I am very confused with all the above. If anyone can give me advice on the above I would be very grateful . Thank you for reading the post.
  23. Hi I am hoping someone can give me a bit of advice regarding a county court claim that i received on friday. Bryan carter are the solicitors and the claimaint is lowell protfolio ltd and the particulars of the claim are as follows:- The issue date is the 10th of october 2013 This claim is for £2099.56 the amount due under an agreement between the original creditor and the defendant to provide finance and or services and or goods. This debt was assigned to/purchased by lowell portfolio on the 20/12/2012 and notice served under the law of property act 1925. Particulars JD Williams the account number and the claimant claims 2099.56 the claimant also claims interest persuant to s69 county court act 1984 from the 20/12/2012 to date at 8% per annum amountingt to 134.34 total amount claimed including court costs etc £2389.40 I had many debts going back to 2006 when i had a nervous breakdown and most of the creditors accepted token payments and are still recieving them now. but i do not recall ever having anything with jd williams. any advice on what to put on my defence would be so much appreciated thankyou cher 69
  24. Hi all my google search has led me here I have recieved 2 letters today A county court claim form from the Northampton court sent by Bryan Carter solicitors on behalf of Lowell Portfolio Ltd And a letter from Bryan Carter solicitors informing me that they intend to send the said county court claim form! The amount is for £669.12 plus court fee £55 and solicitor fee £70 Now there is an account number there for O2 I am unaware of what this account and alledged debt is for Am I right in thinking that I need to send a SAR letter off to Bryan Carter ASAP? And obviously defend the claim on the claim form Thanks in advance Any help would be much appreciated as i have no idea what to do
  25. My housemate has received a letter from Bryan Carter Solicitors this morning: "We have been instructed by Fredrickson International Limited Limited on behalf of EE Limited to issue court proceedings on 23 September 2013 if payment of this debt is not received by us by that date." The debt is for just over £400. My housemate is a student and therefore living on a very tight budget anyway and was forced to drop out of uni last year owing to financial and related hardships so is retaking the year starting in a couple of weeks. She has been panicked by this letter so I was hoping I could obtain some advice here to reassure her. I have told here not to phone them but was wondering if there is any letter etc that could be obtained? Thanks in advance.
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