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Found 186 results

  1. Hi i have a debt with lowell, a couple of months ago i asked regarding a full and final payment ,i had a response and was a massively reduced portion of the date, then my marriage broke down, needless to say its been a difficult time. I have moved house etc,but regardless a letter arrived at my old house from Bryan Carter solicitors and a letter from the northampton court house. The debt totals near on 900, 830 and their fees..when last year lowell reduced the debt to 450 at request and offered 250 on full and final payment. Is it just me or is this tactic a bit underhanded. .even from lowells agreed 450 that is a steep increase, just curious as how to proceed, obviously id rather not a ccj!
  2. Hi guys, I have a CAPITAL ONE credit card which back in september I had offered to make £1 token payments, my response was that they had referred to fredericksons intl for repayment... i set up a £1 standing order online to fredericksons with a letter to them copying in my letter to capital one regarding token payment and my current financial circumstances... my first token payment went out in december which got accepted and my balance reduced by £1. HOWEVER - i now have a letter from Bryan carter which is there "LBA_S2LIT" template letter giving me 14 days to make payment arrangements with fredericksons.. do I simply copy my previous letters to capital one and freds to bryan carter? as its clear that previous two have taken a complete disregard to everything?? help Dave
  3. I have been issued a CCJ which was pursued by Bryan Carter on behalf of arrow global. It was issued in Autumn 2010. When this was being issued I asked for CCA and SAR requests to which I did not get any reply. The debt was just under £4000 but with court fees it came up to almost 4 and a half. I was asked to pay £50. But due to my circumstances I requested fro reconsideration to the court and then it was brought down to £1 per month. I also received a confirmation letter that £1 of payment would be deducted from the information I provided to the court. But I just checked today that the payment was not being deducted and since then I have not received any correspondence from them either. What is my best course of action. This CCJ is going to be off my CRA file by the end of 2016. I have other debts being managed by LOWELL, DLC. 3 BY LOWELL AND ONE BY DLC. I am paying £1 statutory payment to them. I started defaulting in 2006ish or so. But CCJ was issued later. I have no idea who my original creditor is, it looks like a credit card. Please advise as to what should my next steps be: 1) Should I ignore CCJ and wait? 2) Should I contact Arrow global directly and ask for proof? Thanking you in anticipation.
  4. Hi all, Well I'm certainly bowled over to see there is an entire thread about this guy.! in July 2008 I took out a really terrible loan of £4,000 I paid it until Jan 2009, when redundancy forced us to return to my wife's home country where I had a job offer there. I couldn't afford to maintain payments on a lesser currency from another country and I left it to default, foolish I know but if you haven't got the money what can you do? Over the years various companies have purchased and sold the debt on where now Lowells have it and Fredrickson have been calling and sending letters, I've ignored them as I can't pay it in full and frankly I feel intimidated. On my Noddle credit file the debt is marked under the closed section as 'settled' and hasn't been updated since August 2012. On CreditExpert the default is no longer there. today I arrived home really pleased after seeing our baby for the first time (12 week scan) only to find a letter from Bryan Carter on behalf of Fredrickson/Lowell, stating if I don't set up a payment plan they will 'recommend' that their client Fredrickson start court proceedings. Is this another intimidation letter trying to scare me or are these guys for real? They seem to be really taking on a lot of people of recent. What should I do as this has me a little worried.
  5. I hope Someone can help me as I am in a panic and angry at myself for being so stupid:-x I was served with Proceedings for an old vanquis card which Lowell took over and Bryan Carter issued proceedings. I filed defence and did everything I needed and the matter was allocated to small claims at my local county court for hearing on 30th March. I had problems with both Lowell and Brian Carter in that although I knew I had a balance outstanding on the account and was prepared to negotiate a settlement I did request copy credit agreements as I believed there may be PPI on the card (I had recently had a few successful claims paid out so knew that this card must also have PPI) Also they were claiming almost 4000 when the credit card only had a credit limit of 1000.00. I have never received any paperwork relating to the amounts or copy credit agreement. I received the directions Order for the hearing about 2 weeks ago I received a letter from Bryan Carter saying they were no longer instructed and they had returned the file to their client. Yesterday I received an order from the court stating that my defence had been struck out as I had failed to comply with the direction of the Order dated 25th January. I checked over this Order and I could not see anything at all that I had to comply with. Today I received another order stating the hearing had been vacated and the claimants could apply in writing for judgement detailing clearly the claim they are making. I checked and checked over the Order and could not see anything I had not complied with. I have been so careful with dates etc to make sure everything was filed on time. tonight I have checked through the file that I have been keeping my paperwork in and I even checked the envelopes the letters etc cam in .... .lo and behold in the envelope that the directions order was in (as well as a leaflet on the Court services ) was a second order ahhh. I cannot believe I missed it I took the original order out which is 3 pages and left the leaflet in and obviously the second court Order. I felt like crying I was so annoyed with myself. this Order states that I have to file a statement of truth by 18th February!!!! I am gutted and just want to know if this is the end and Lowell will get a judgment against me for thousands over what I owed initially and get away with ignoring their legal obligation to provided paperwork any advise would be great. Thanks Guys
  6. My wife received a letter from Lowell/Brian Carter with a return address of a PO box in Huddersfield claiming a debt owed to JD Williams. We live in Northants. My wife does not acknowledge any debt to Lowell and if/when these parasites issue a CCJ Can I demand the presence of a Solicitor from Brian Carter in court to be cross examined as to the validity or indeed the existence of the alleged debt? Rhino69
  7. Hi all, I will try to be as clear as I can with my story. Took out a shop direct account back in 01/2007. After running up a debt of around £290, I could no longer afford repaying the account and in around 10/2008 they eventually placed a default against my name. This default is obviously due to drop off in the next few months now. In late 2009 I made a couple of £30 payments to bring the debt to around £238 however I could no longer afford to repay them. I actually heard nothing further from Shop Direct / Littlewoods after this. A few months ago (around late 2013) I get a letter from a company called Lowell claiming I now owed them the debt. I (maybe stupidly) decided to ignore them and today I got a letter from a company called Bryan Carters who have told me that they have started a CCJ application against me for around £420 (balance increased due to £100 interest and other associated costs). I've spoken with BC this morning and they have insisted that any action now must go through the courts and they cannot accept any part / full payment against the original balance of £238. I have yet to receive the 'Claim Form' however I'd imagine it will arrive with me any day now (if they for once are telling the truth). I've read around the forums' and most people at this stage are suggesting to raise a defence which I am happy to do. I guess my next stage is to CCA / SAR Lowell? I am just really after a couple of things; a) Obviously I've had this default hanging over my name now for the past 6 years, but now I could get CCJ'd and this will affect me for another 6 years (atleast). I want to know that if I file a defence I can still at a later stage offer to make a payment over this balance to ensure I don't get a CCJ. Will this option still be open for me further down the line? b) If there is anything else I should be doing which will help my case. I obviously don't doubt that I owe this debt, however I just want to make sure the correct process is followed by both them and I, and I don't particularly think I should have to have 12 years worth of ruined credit file for a debt so small. Any help would be greatly appreciated. I will further update this thread once/if I get the claim form. Other information to note: - I've lived at the same address since account opening - I can't recall receiving any notice of assignment but this may not be the case - The default is placed by Lowell. I dont recall receiving a notice of default from them but again, this may not be the case - The default amount is for £288 however the current balance is for £238. Thanks!
  8. hi all hope some one can help with what to do next received a letter from a solicitor called bryan carter saying they have been instructed by fredrickson international ltd on behalf of their client Lowell financial ltd regarding a 02 account. to commence legal action and issue a claim against you in the county court in respect of this debt should you fail to respond to this letter within 14 days a claim will be issued against you without further notice current debt = £763.06 estimated court fees = 60.00 estimated solicitor cost = 70.00 estimated total = 954.10 to contact them by the 17 nov 14 I have not contacted them as yet I did have a 02 in 2012 paying £49.00 a month unlimited call text ect all was fine until june when I got a bill for £59.00 I rang 02 asked why my bill was £10 higher the rep on the phone could.nt find out why I just paid the £49 and refused to pay the £10 charge until they told me what it was for. he then told me I had 3 days to bring my account upto date or my phone would be restricted . I still refused they then ended my contract. I told them to send a jiffi bag to send the phone back as I had only had it 6 months.never got one. never heard anything from them again. this year in march started getting letters from a company called Lowell portfoillo saying they had purchased the debt also enclosed was a copy of a letter of assignment I ignored all further letters from them then letters from a debt collectors called red I ignored again. now a letter from bryan carter solicitors. can anyone advise how I should respond to this letter ? I have till 17 nov to respond thanks in advance for any help dealing with this just checked my credit file with noodle and Lowell have put a default on it for sept this year
  9. Hello, this morning received a Claim Form from Bryan Carter. Claimant: Lowell Portfolio Limited Date of issue – 15/5/2015 What is the claim for – The Claimants claim is for the sum of 2253, being monies due from the Defendant to the Claimant under an Agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds under account reference xxxxxxx and assigned to the Claimant on 30/6/2014, notice of which has been given to the Defendant. 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 £2253 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 157. What is the value of the claim? £2595 The claim is for a current account/overdraft I entered into the original agreement in 1989. It is the Debt purchaser who has issued the claim. I did not receive a Notice of Assignment. Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No. Why did you cease payments? Had to stop work to care for my wife who was seriously ill. What was the date of your last payment? May 2011 There was no dispute with the original creditor. Did you communicate any financial problems to the original creditor? Yes I explained my situation to Lloyds (where I had banked for over 20 years) and they said they would not pursue. I have printed off a CPR31.14 request to both Lowell and Bryan Carter. I used the template for current accounts. I haven’t posted these yet. I haven’t Acknowledged Service yet either. Will wait for advice on here before I proceed further. My wife became very ill in 2011 and I had to stop work to care for her. I ended up in a lot of debt and the defaults on my credit file amount to about £18k. None are from the original creditors. My wife had lifesaving surgery last year and is now finally on the mend. I’m hoping to get back to work soon (been living on carer’s allowance and her DLA) but I’m worried that all the creditors are now going to jump out of the woodwork and we will be going back to work with huge debts hanging over us. We are both pushing 60 and don’t want our pensions (in 7 years time) to be eaten up by these debts. Thanks in advance to anyone who can help. Thanks x
  10. Hello everyone. I have found myself to be in a predicament and urgently need your advice. Situation: I have 3 debts with Lowell totalling £410. I recently got an experian credit check to see what my score was. At this moment in time it is 640. After speaking to StepChange about sorting out my debt they advised me that I could either talk to them individually and make token payments till my situation changes (I am on JSA and receive £146 every fortnight/£293 a month) or apply for a debt relief order (My total debts including other creditors = £1100). The DRO was mentioned as the final last result since it stays on your credit file for 6 years (Would be there until 2021!). StepChange advised me to inform my creditors that I was in the process of talking to them, so that I would have 30 days without any action being taken against me. I spoke to Lowell about my situation and that I was talking advice from StepChange. The agent I spoke to mentioned that they had more than one debt in my name and that they had recently taken on another one. After mentioning that I was speaking to StepChange the agent told me my account would be placed on hold for 30 days (I called them on the 13th August). I received two letters from them dated the 14th August each for different bills, but I did not receive one for my £211 debt. Yesterday (21st August) I received a Claimform (Dated the 20th August) from Lowell and Bryan Carter Solicitors. The original debt was £211 and based on interest has risen to £218. Additionally, £25 court fee and £50 solicitor fee has been added making the total £293. What would you recommend? Firstly if I was to pay the Claimform within 30 days (So that it doesn't stay on record for 6 years) would I have to pay the "Amount Claimed" which is £218 or would I have to pay the total cost of £293? This solution would leave me in an extremely bad position as I can barely afford things as it is. Furthermore, what is my position in that Lowell knew I was talking to StepChange and only put 2 out of 3 accounts on hold thus leading to the claimform being taken against me? They have put two accounts on hold which total £199 which they know I am struggling to pay, yet send a Claimform for the one that costs even more! (£218). I don't get why they wouldn't apply this hold on to all of my accounts that they hold for me
  11. I have an account with Lloyds, and have admittedly gone over the agreed overdraft a few times. after going through all my statements and calculating the total amount they've charged me, it comes to about £2000 in charges. I've already put in a claim and got the usual response back, however last month they removed my agreed overdraft limit of £500, and won't let me apply for another overdraft, so I opened a new account with a different bank. now I'm getting letters threatening me with court action because I'm £770 overdrawn. What should I do here? Try and agree a repayment plan with Lloyds to get the balance paid back? I do feel it's a little unfair seeing as I'd be a lot better off if their charges hadn't been so ridiculous. any help from anyone here would be great, thanks.
  12. Hi, New poster here, but have read a lot of the information on here previously and it's always helped. Hope you can now too. I have an apparent debt which the lovely people of Lowell are chasing. Now, the account in question is in my name. And I did previously use it. I finished using it in around February 09. To my knowledge it was left at or around a £0 balance and I haven't thought about it since. Lowell got in touch recently, claiming a debt of around £900 which they'd bought from Lloyd's. I've spoken to them on the phone (I know I shouldn't have, but they're persistent, and as I say, the account is mine) - I requested full statements and an explanation of how the debt is made up. Especially given this account only had £250's worth of overdraft facilities. They sent a letter about a month ago. Saying the account was on hold whilst statements were sent out. And again started chasing a few days later so I rang, said I hadn't received anything. They accused me of lying and said I was holding them up. I said they hadn't sent anything. Requested the statements again and I received a letter mid September. They've sent me 3 pages of statements. From 06/08/09 - 13/10/09 made up of only 10 line items. The opening balance is £898 and closing £954. I know I left it at £0 or thereabouts. Now I've just been on the phone to them, and they're saying they can't and won't send me full statements. And because I won't settle today they're saying I'm refusing to pay and passing me onto their 'litigation' department. Few questions. - Can I force them to send me full statements proving how the balance has been made up? I'm reluctant to pay anything based on no information. - What does their litigation department do? The other strange thing, is that I've signed up to Noddle, and it isn't showing on my credit file. Any help would be fantastic. Thanks in advance.
  13. My son received court papers today that state: This claim is for 377.92 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services / goods. The debt was assigned to / purchased by Lowell portfolio 1 Ltd. on 27/ 02/2009. And notice served pursuant to the law of property Act 1925. Particulars / shop direct and an account number. They also claim 8% interest. A few years ago we were receiving letters from shop direct, we told them they have the wrong person. No one has ever had a mail order catalogue in this house. Eventually after them ignoring the issue of the wrong account we sent a CCA request which they totally ignored. We heard no more except one or two letters from Lowell during the last few years which we ignored as the account was in dispute with the original creditor for not supplying a CCA. I intend fully defending the claim but could use some help as this account is fraudulent. Looking at the date of purchase feb 2009 and the previous time we were dealing with shop direct this fraudulent account would also appear to be statute barred.
  14. Mistakes were made when i was younger and i got myself into debt. When couldn't pay them have come chasing, and me being stupid ignored them, they been round in circles for years now. Usually i bin the letters (stupid i know). owe to different creditors, 8 in all. 3 to Lowell i think. The smaller of the 3 has come to light £900.18. I'm starting to panic, as this seems pretty serious now. Letter reads: We have been instructed by Frederickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on 07 Feb 20114 if payment of this debt is not received by us by that date. If proceedings are issued, solicitors costs, court fees and interest will be added to the amount you owe and will be enforced against you if a Judgement is subsequently obtained. You must contact us on *number here* before Feb 07 2014 to make payment if you wish to avoid the matter going to court. And you know the rest. I think the last payment i made to the debt (don't even know if it was Lowell as its been passed around) was around April 2008. What do i do? Many thanks, Tim.
  15. Name of the Claimant ? Lowell portfolio I ltd Date of issue – 10 july 2015 What is the claim for – the reason they have issued the claim? 1.the claimants claim is for the sum of 724.73 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and vanquis under account reference xxxxxxx and assigned to the claimant on 23/02/2012, 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 complied with. 3.and the claimant claims 724.73 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 o assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 57.96 What is the value of the claim? 782.69 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? after 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure but probably Did you receive a Default Notice from the original creditor? again not sure but probably Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure Why did you cease payments? was self employed at the time and was going out of business What was the date of your last payment? don't know, not recent 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
  16. Hi guys I've just received a "Letter Of Claim" from Bryan Carter solicitors regarding 2 debts, 1 is an old catalogue debt and the other is from Orange. they have been instructed by Fredrickson international on behalf of our client Lowell Financial regarding a shop direct account/three mobil account, to commence legal action against me in the county court in respect of this debt. They have given me 14 days to respond or a Claim will be issued against me without further notice. Both debts are from early 2010 and the last payments where around June 2010. Shop direct is £477.08 and the Three mobile is £258.49 What's the next step to this, is there any letters that I should be sending them regarding proof of the debt etc. Thanks Mitsy
  17. Firstly, apologies for the long winded detail - I posted this on another website but as I am seeking expertise thought it be good to post on these knowledge boards too I received a Claim Form this morning in relation to BlackHorse via Lowell / Bryan Carter. Firstly, I have not at any point acknowledged the debt. Secondly, I know this is probably not valid - but the default date was issued by BlackHorse. Lowell / Bryan Carter have 'lied'? on the claim form in relation to a default date they issued. My belief is that this is not possible, right? Thirdly, I have never engaged with the DCA nor Carters until I sent a letter in March in response to their claim - my stance at that point was Section 5 of the limitation act (which in hindsight was a little presumptuous). I effectively got a response from this stating they were investigating but believed the debt to not be statute barred. I'm guessing they are right but surely point 2 above has some substance as it is a false statement?? Fourthly, I haven't requested (maybe I should) an original copy of the agreement - is this something I should pursue? I guess more importantly - any prescribed actions that anyone can recommend I will undertake. I intend to extend via online Moneyclaim to allow me 28 days. IMO seems the debt is enforceable IF the dates of default issue is not valid - if that is a no-go, should - where should I be directing this? I will repost what I posted on MSE for the background below: "Black Horse agreement. The car was handed back. The amount Black Horse requested to settle after they auctioned the car was in dispute and never resolved. Black Horse issued and then applied a default notice to my credit file dated XX/XX/2010. The debt was then sold to Lowell. The Blackhorse default notice disappeared from my credit file. All quiet until 2013 - Lowell slap a marker on my credit file for the disputed amount with Blackhorse. I do not enter into communication with them whatsoever. It trundles along and nothing..........until recently. I received a letter from Bryan Carters who are "acting" on behalf of Lowells. Being a little presumptuous, I decided to engage and requested 'they prove it' and additionally I questioned validity from a statute barred standpoint. I received a response which effectively stated they would enquire with 'their client aka Lowells'. The trail went dead (not really surprised). This morning I have received a Claim Form with the claimant as Lowells with reference to Bryan Carter as documentation and payment reference below the claimant details. My belief that the debt was/is statute barred is IMO incorrect... ..I don't dispute that 'an amount' was owed to Black Horse (original creditor) but it was not the amount they claimed and they failed to respond to my requests to rectify or discuss. This is why this situation has arisen. Questions: 1. Firstly I have just reviewed both the court form and my credit report both of which state a default date of XX/XX/11 by Lowells. Remember that Black Horse had already issued a default XX/XX/2010. My belief is that a default date cannot be changed once a creditor has issued and even if the debt has been sold - am I right? Does this simple fact give me an angle? 2. I have never received an original copy of my agreement as per request to Bryan Carter acting on behalf of Lowells Is this not another angle for attack? 3. Putting aside the above points, what other angles are available to me? I intend to defend fully but wanted to see if the DCA has tripped the whole proceedings up before we have even got started?" Any advice appreciated.
  18. I have been battling a claim with Bryan Carter on a Shop Direct account they state I opened in 2006 and defaulted on. I have no knowledge of the account. They have issued proceedings that I have defended, and also I have served a CCA s77/78 on them in between. Their only evidence is a blank unsigned reconstituted credit agreement date April 2006. So far they have offered no other information under CCA, only that their client will be in touch. This was 2 months ago. Since then the Court case has been allocated to a small claims hearing in Jan. I have returned a final defence, along the lines of the CCA, and stating the fact that its a blank recon credit agreement. The judge made an order that a final claim and defence be lodged last week to all parties, however I have not had their final claim/papers in the post and its now past the deadline the judge set. Although they have in fact paid the hearing fee ? My question is, should I now make the court aware that I have not received their final defence as was ordered by the Judge. Is there a process or protocol to do this ? I would have thought they are now in breach of the order prior to hearing going ahead. Any advice gratefully received. Thanks
  19. Hi, I am really stressed. I have received claim forms for the County Court for a HBOS debt being claimed by Lowell/Bryan Carter. The claim is for £740. I did have a Halifax account a few years ago and it went into arrears for around £150. Is there anyway I can ask the court for them to make Bryan Carter provide full information for the amount claimed as I am not certain it is this debt and can't work out how it has gotten to so much? TIA
  20. I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me. I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell. 2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582 I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue. Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement? Thanks for your time reading this.
  21. Hi Guys, Help is urgently needed here. Although, I have been following some discussion that relate to my issue. First I will say this forum is a remedy for depression, when this deb companies started chasing me i was like a mad person. I just received a claim form from Northampton BC regarding Lowell Porfolio/HBOS debt purchased. the amount is under £2000. This was a balance from the unsecured loan took over 10years ago but due to no job i stop this payment about 6years back and that was my last contact with HBOS and i have never had any contact with BC or Lowell. Please what should i do?
  22. Hi I have received a claim form and intend to fight it but I am unsure what I need to send as I understand mobiles are not regulated under the CCA? Any advice? Thanks
  23. Hi All I am a first time user here please accept my apolgies for any mistakes I make! I have received a County Court Claim form from Bryan carter solictors acting on behalf of Lowell Portfolio the original debt was with welcome finance 9 years ago. I fell into financial difficulty due to divorce and was unable to pay the loan to Welcome, the last payment I made to Welcome finance was 22nd May 2009 ( although I need to clarify this payment with my bank) and the Issue date of the paperwork was the 22nd May 2015. I have never acknowledged the debt to Lowell or Brian Carter solicitors or made any payment to either of them, I also received a letter from Frederickson International as well (9th April 2015) also stating that was acting on behalf of Lowell Financial Ltd again I did not respond. I have answered the claim form stating I would like to defend the case and was looking for some advice on how to do so. I have followed some advice on here and sent a CPR 31.14 request along with a £1 postal order along with a letter asking for a full breakdown of my account. I also sent another letter requesting copies of the default notice, assignment and Formal demand. I received a reply from Bryan Carter ( attached) stating that its a simple contractual matter and part 31 of the civil procedure rules will not apply and in any event the notices of default and assignment left the control of the claimant when they were dispatched to me, they also state it is the original creditors policy to issue agreements at the start of the contract and statements throughout the agreement and in this regard we ask you to refer to my own records. I have not yet received a copies of the following: A copy of the agreement A copy of the original assignment form and any consideration paid a copy of any formal demands or default notices I have received a breakdown of costs allegedly from Welcome finance which includes £734.25 worth of charges and fees ( Total debt £3953.67 ) The Claim form states a total claimed of £4534.98 as they have added the court costs and solicitors fees twice by mistake! I am just waiting for a court date what if anything can I do in the meantime, my credit file is now decent for the first time in 6 years! Many many thanks in advance!
  24. Hi there, newbie here! I would be so grateful if I could get some advice and help on this. I've been reading so much on this awesome forum that my head is starting to spin. There's definitely loads to get through. Without further ado, I received a claim form with issue date 12 May 2015. Solicitors are Bryan Carter and claimant is Lowell. It's for a capital one credit card I took out pre 2006. To my knowledge, this debt is statute barred as I have not communicated with Lowell in recent times. I did find a letter that I drafted to Lowell some time in 2010; however, I am not sure I sent it to them as I have no trace of making any payments to them. Name of the Claimant ? Lowell portfolio Date of issue – 12th May 2015. I have calculated my timeline as thus - Issue date - 12/05/2015 + 5 days of service - 16/05/15 + 14 days to ack - 30/05/15 + 14 days to submit defence - 13/05/15. Hope I'm right. - 4pm Friday 12th june-dx What is the claim for – The Claimants claim is for the Sum of £848.03 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 XXXXX and assigned to the claimant on 15/09/2006, notice of which has been given to the defendant. The defendant failed to maintain the 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 £848.03 The claimant also includes statutory interest pursuant to S.69 of the county acts 1984 at a rate of 8.00% per annum from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to £67.85 What is the value of the claim? £915.88 + £60 Court Fee and £70 Sol's costs 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? Before 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. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but it was a long time ago Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, not in the last 4 to 5 years definitely Why did you cease payments? Lost my job and could not keep up with payments What was the date of your last payment? Not sure at all, definitely pre 2010 but I no longer have access to the bank account I was using pre 2010 Was there a dispute with the original creditor that remains unresolved? No I am looking to acknowledge via MCOL before the week runs out and I have prepared my statute barred defence as thus: 1 The Claimant's claim was issued on 12/05/2015 2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. 3 The Claimant's claim to be entitled to payment of £915.88 or any other sum, or relief of any kind is denied. Is this ok? Do I need to send both CCA and CPR 31.14 requests to Bryan Carter or will the CPR 31.14 request alone suffice? Thanks so much in advance!
  25. Hi all, I have received the obligatory letter from BC, acting on behalf of Lowell who are acting on behalf of Orange lol. I've got the standard "you have 14 days to pay us or we're taking you to the small claims court" letter. Is it best for me to ignore this as per title? The debt is not statute barred. Many thanks
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