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  1. 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.
  2. Forgive my Sherlock Holmes type topic header… I am in desperate need of some advice from you good people in this forum, as I have now hit a metaphorical brick wall. Some years ago I had an EGG credit card. The card had been used and in operation for about five and half years, during this time there had been no missed repayments. Then during mid 2009, the minimum repayments were inexplicably increased by around 50%. At the time it seemed that they were almost trying to engineer a default. I am self-employed and business wasn’t doing so well, so in May 2009 I wrote to EGG and explained this and made reduced repayment proposals to service the debt. I had no responses. After many unsuccessful attempts to contact them and elicit a response, I defaulted on the debt. In December of 2009 I received a letter from Fredrickson claiming that I had failed to make a repayment proposal (although I had done so on many occasions, plus sent them all by recorded post). Then, all went quiet for a long period of time… The first I knew of any sort of problem was when I received a CCJ "Judgment By Default" through the post in 2011. I was totally unaware that there had been a court summons issued to attend Bradford County Court. Not knowing about this, coupled with the fact that Bradford is nowhere near where I live, I missed it all. I then took it to my local court whereby Bryan Carter Solicitors became involved (representing Egg). The judge made the Interim Charging Order final and accepted my proposed terms of payment. Curiously, Bryan Carter Solicitors did not show up at the court, which did annoy the judge, but the rule of losing your case by non-attendance didn’t seem to apply to them – which in itself is bizarre and unfair. The upshot of all this is that I made arrangements to make repayments every calendar month to Bryan Carter Solicitors and this remained in place. I continued to pay this for the next two and a half years. After this time, my self-employed business hit further hard times and I had to cancel the repayments. This was a decision I did not take lightly, but I simply had to stop due to hardship. I informed Bryan Carter, but no response was received. Life carried on and I was (and still am) rebuilding my self-employed business. Recently, I decided that I wanted to resume the repayment plan and reinstate the standing order. On August 10 of this year, I sent a recorded “signed for” letter to Bryan Carter Solicitors requesting them for a statement of the account and asking if their standing order details are still valid. I even asked if they were still overseeing the Egg debt. I heard nothing back from my letter, despite knowing that it had been signed for on 14 August. I then came across articles on the Internet stating that Bryan Carter Solicitors had been dissolved. I am now very concerned for many reasons: During the time of I have been making repayments to Bryan Carter, I have never received a statement (or acknowledgement of monies received) What has been happening to my money? Who has got it? I am still confused how an unsecured credit card debt can find its way to morphing into a charge against my property, but it has happened. Having said that – how do I go about repaying this debt back (and to whom?) or getting rid of the charge against my property? Whom do I have to contact to get things moving again? Somehow, I feel that the finance industry has pulled a few stokes here and reverted to type. I just do not know which way to turn. The original credit card debt was around £8,000. It somehow reached over £9,000 during the court debacle – God knows what has being going on with this debt amount behind the scenes during this hiatus. This is why I need… HELP!!! CITIZEN XYZ
  3. General Sir Nick Carter appointed new Chief of the Defence Staff READ MORE HERE: https://www.gov.uk/government/news/general-sir-nick-carter-appointed-new-chief-of-the-defence-staff
  4. 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!
  5. Dynamic security threats and the British Army: Chief of the General Staff General Sir Nicholas Carter KCB CBE DSO ADC Gen READ MORE HERE: https://www.gov.uk/government/speeches/dynamic-security-threats-and-the-british-army-chief-of-the-general-staff-general-sir-nicholas-carter-kcb-cbe-dso-adc-gen
  6. 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
  7. Hi All, It's been a long time since i've posted here, as I've heard very little from various DCAs after they failed to produce CCAs for various accounts. In May, i'm looking forward to defaults getting removed from my credit report and finally starting with a clean slate... or so I thought. At the end of last week I received a letter from Blake Lapthorn Solicitors, on behalf of Arrow Global Guernsey (so they use foul tactics to squeeze money from cheaply-purchased debts... then store the cash off shore? Classy). They claim I owe over £4k. Before this letter arrived, I had never heard of Arrow Global. The letter gives me seven days to stick over £4k in the post or they'll issue court proceedings. After receiving the letter, I set up an Equifax report, to find that Arrow Global entered a default for this account at an old address in 2008. As far as I can tell, it's an old Mint credit card that has been in dispute since 2008 (dodgy cca and non-response to full sar, the ICO and FOS were involved). However, this account defaulted back in 2006, meaning Arrow Global have incorrectly added the default (and effectively given me 8 years worth of default in the process). I'm usually pretty good at seeing DCAs and their Solicitors off, however I can't find anything in CAG re: Blake Lapthorn. I have read a few threads that show Arrow sneaking CCJs through with help from Bryan Carter, so I'm trying to establish if I should write a prove it letter to them (ready to go but not posted just yet), or to file under 'ignore' like so many of these letters before. The manipulation of my credit report has realy got my back up, mind. I don't have a copy of the original default (there might be one in the garage if I search extensively), however the default was definitely May 2006 as I went into a DMP at that time. The only creditor that dragged out the default was MBNA. So, CAG, what should I do next? Thanks in advance for your help...
  8. 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.
  9. 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
  10. 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
  11. 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!
  12. 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
  13. Hi Ok i have received a statutory demand letter delivered by hand to my home address from Hamptons Lega l for an outstanding debt to capital one which has been in dispute since 2008. Back in 2008 i started proccedings against cap one for credit card charges i never got around to filing for court. however i have been chased by numerous debt collecting agencies all linked to each other i may add. I had sent letters off in the past saying the debt is in dispute and they left me alone for a while. Once again they have now re surfaced and served me with this demand. so where do i go from here? Do i defend? if so how? Do i pay up over just under £1000 and then continue against cap one with my claims for charges. ???? And a removal of a default or ignore the demand and continue my claim for charges and take them to court? hope some one can help rob
  14. 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
  15. Hi all, i have just received a court claim letter requesting payment for what appears to be an old overdraft for just over 500.00 pounds. As far as aware i requested the account to be closed approx 6 to 7 years ago. Do not recall having letters from lloyds bank, only letters and phone calls from dcas. Can overdrafts be statue barred??? If so how can i find out?? No payment has been made to account for years. Also got letter from carters saying court letter will come and to call them to discuss? Are they bluffing? Any help advise please. many thanks
  16. Hello All Firstly thank for help in my other posts. Just to make things worst came back home and found claim form from bryan carter regarding lowell related to Lloyds. quick info: name of the claimant: lowell portfolio i ltd date of issue: 9th october 2015 particulars of claim: "the claimants claim is for the sum of xxx, 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 xxxxxxxxxxxxxx and assigned to the claimant on xxxxxxxxxxx notice of which has been given to the defendant. the defendant failed to maintain contractual repayment under the terms of the agreement and default notice has been served which has not been complied with. and the claimant claims xxxxx the claimant also claims statutory interest persuant to s.69 of the country act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to maximum of one year a maximum of..." value of the claim : 1300 - current account/overdraft i did not received notice of assignment, notice of default sums, anything except demand of payment from time to time from different dca. before i came back home i posted letter to bryan carted with information that debt is staturatory barred under limitation act 1980. i checked my files and last payment was made back in 2009 and payment demand from Lloyds was also in 2009 besides if oryginal entry regarding this account vanished from credit report it must be over 6 years am i correct? well cant check it atm because Lloyds account just vanished from my credit score and i got some document at work so will confirm that. what i should do next? acknowledge and fill out defence based on SB or proceed with defend in full like other people ? im bit confused...? thanks for help guys lowell claiming that account was defaulted in 2010.
  17. 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
  18. 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.
  19. 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.
  20. 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.
  21. 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.
  22. I have had a letter from Brian carter Solicitors saying that a ccj has been entered against me on the 17 December 2015. I did get the court papers but stupidly ignored them after reading different things on the internet about not admitting anything. The bill is for £501.64 and he is asking for £50 a month which I can't pay. The letter says they will consider further enforcement action if the payment is not made. I don't know what to do. I have also received another letter from Lowell which says pre legal assessment threatening another bill being sent to their solicitors (probably Brian carter again) . The bill is for £836.77 and the letter talks about ccjs and possible bailiffs. I have absolutely no idea where I stand as far as bailiffs are concerned. I don't own my home. Do I have to let them in? I've seen programmes on bailiffs and the thought terrifies me. I realise this is my own doing but trying to pay rent and council tax as well as feeding 2 kids has been my main priority. I had these debts as well as some others with stepchange but the payments got too much and I had to cancel the agreement. Stepchange said one of the options was bankruptcy but I panicked and just left things. But because they have been paid a little bit, this is surely classed as acknowledgement of the debt? Any advice would be greatly appreciated. I'm frightened of answering the front door. Thanks, Tracey
  23. Hi All, I've had Lowell and Carter lodge a claim for £1,450 against me for an unpaid overdraft on behalf of Lloyds TSB in November. I acknowledged the claim online and later then submitted a defense to the tune of I do not recognise I owe this debt and that I am unable to defend myself unless proof of the debt is disclosed and that it is the claimants obligation to provided the defendant proof. The defense was accepted by the court and a DX was sent out to which I returned and opted yes to meditation and to allocate to my local county court. In the meantime I emailed Lowell and Carter about the fact they still have not provided any evidence that this debt even exists and that I am unwilling to enter any discussions or meditation until this is produced. A couple of days ago they e-mailed me back with this ------------------------------- Thank you for your email. We are seeking our client’s further instructions regarding your request for evidence however it is our understanding that it is the policy of the Original Creditor to provide its customers with agreements at the point of contract and statements throughout the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to your own records for the same. We trust this clarifies matters. Yours sincerely ------------------------------- This got my back up obviously as from my interpretation of this e-mail is it is up to me to seek this out myself so I e-mailed them back the below copying in the court e-mail with my claim number ------------------------------- Thank you for your response, I would like to remind you that it is not the original creditor trying to obtain a judgement against me through the small claims court. Are you telling me Is it your policy to take on instructions from your clients for commencement of legal proceedings without sight of any proof that the alleged debt is actually owed then? If I have been supplied with validation of the debt (To which I do not recall) Then I am sure that you will be able to speak to your client who sent this originally and reproduce this without a problem then proving to me and the court that this debt in fact exists as despite numerous requests I have yet to see it, and forgive me being the dubious person I am I fail to take your word for it that I have been 'provided with this before'. This is not the remit of either myself or the alleged original creditor (Lloyds) this is the responsibility of Lowell/Bryan Carter to prove beyond all doubt that this debt exists if you think I will be bullied into thinking any other way you are very mistaken. I await your response. I also trust this clarifies matters too. ------------------------------- I maybe should have been a bit more professional but they just seem to think it's okay to bully people into paying debts they potentially do not owe. Has anyone seen this before, do they have any proof on this debt? Surely they'd have this to hand if they did? Thanks!
  24. 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
  25. Hi all I received a Court claim form from Northhants business center courts on the 5th November (dated 3rd). The claim is for £300.43 from a company called Creation Finance and is being handled by Lowell via Brian Carter solicitors. I have absolutely no idea what the debt is for and have never even heard of Creation Finance. I have always kept up to date with any payments from past credit cards loans, phones etc. I have also had a good credit rating, having phones, sofa, car etc in the past and never an issue with repayment so I'm completely in the dark about why they have been chasing me for this. I have had a string of letters from Lowell which, along with letters from debt collection agencies for previous owners/occupants, i have ignored. I probably should have contacted them but i thought that may lead to some sort of admission on my part. I have filed acknowledgement and my defense which states i have no knowledge of the debt (8th November) and received a response from the court saying the claimant has 28 days to respond. thanks to this forum i sent a CPR 31.14 request for the info relating to the claim and received this wordy response............. We confirm the claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the PoC when they are issued by this court. We confirm that this matter will most probably be 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. I never received any documents, just letters asking to repay a debt to Creation Finance It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreemen t and, in this regard, we ask you to refer to your own records.As I have no idea what the debt is, how can i refer to records? We confirm our client is not agreeable to an extension for filling your defense What does this mean?.......................... Would someone advise what i should do next, it seems to me they are basically saying i should have the info already. I''m guessing they have as much idea about the claim details as i do but are saying they are not obligated to give it to me anyhow. Many thanks in advance for any help Cheers Jim
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