Bryan Carter Solicitors re: Lowell Financial Limited

[jasonc488]

Hi All,

 

So glad I came across this website, I'm needing advice upon receiving a letter from Bryan Carter today.

 

FINAL NOTICE

 

Dear Sir/Madam,

 

Re: Lowell Financial Limited

Outstanding £1172.49

 

You have failed to repay this debt, which is seriously overdue.

 

This matter will be referred to court for proceedings to be issued in 10 days if payment is not received at our office by that date.

 

Court costs and interest will be added to your debt if it is necessary to go to court and therefore the outstanding debt will increase.

 

You must make payment before 17 June 2010 if you wish to avoid the matter going to court. Payments can be accepted by debit cards and in some instances credit card. Please call us on telephone number 0845 313 3126.

 

A Judgment Order may prevent you from gaining credit in the future and will remain on the register of judgment debts for a period of 6 years.

 

We look forward to hearing from you with your payment.

 

This matter has now reached a critical stage and you may want to obtain independent legal advice.

 

Yours faithfully.

 

 

I know I owe this debt from a long time back, somewhen in 2003. It was defaulted in 07/2004. I only lost control of my finances due to personal problems and have not heard from anyone regarding this until recently. I keep getting letters from Lowell which I ignored and today I received this letter from Bryan.

 

Any help and advice would be greatly appreciated. How should I go about this debt?

 

Many Thanks in advance.

[diamondgirl]

When did you make the last payment on this. If it was 6 years then statute barred springs to mind.

[wycombe]

I suspect this may be statute barred.

 

Use the search box above (blue bar - user cp - FAQ etc etc.) and type in 'statute barred' and read a few threads and see if you qualify.

 

I'm sure others with more knowledge will shortly be along with more able assistance.

[jasonc488]

Hi,

 

The last time I made a payment that I can remember is early 2003. Since then I was out of this country for a few years and came back late 2004.

 

Lowell has started chasing me this year for this payment.

[wycombe]

Diamondgirl

 

Our posts crossed - great minds think alike!!!

[jasonc488]

If this Statute barred is really the case with me, do I need to do anything?

[jasonc488]

Anyone with any comment on the above? Much appreciated

[diamondgirl]

Send the statute barred letter

[DonkeyB]

DG, I would tend to favour a slightly different method. First send the 'bemused' letter.

 

Here's why I think this may be the better approach.

 

I always advise this first if you are unsure of the possible SB date - even though this almost certainly is SB.

 

Let Carter do some work and explain exactly what the debt is for. I imagine the letter you have received tells you very little.

 

If the date you mention of 7/2004 is true, then it may be a month shy of SB - and you can almost guarantee that Carter will not sort that out within a month - he'll just send it back to Lowell.

 

If you do get the account information from Carter (has anyone ever?), then depending on the kind of debt it is, you then demand proof either by CCA request or other means.

 

Take a belt and braces approach. If you query the debt and he takes court action in that time, he will be in a whole lot of trouble.

Edited June 10, 2010 by DonkeyB

[jasonc488]

Thanks for the advice, please can you tell me where I can find the letter templates as I have looked and cannot find the right one.

[diamondgirl]

DonkeyB how clever forgot all about the bemused letter.

 

Jasonc check it out

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[jasonc488]

Thanks for all your feedback, I really do appreciated your responses. I have looked at the templates as suggested with great admiration. D Girl is there such a template for a bemused letter at all.

 

Thanks again

[jasonc488]

I can't find he bemused letter template?

[DonkeyB]

Here you are. Adapt to suit. Post it here and we'll check it for you.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[jasonc488]

Here you are. Adapt to suit. Post it here and we'll check it for you.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

 

Hi DonkeyB,

 

Many Thanks for your help.

 

I have deleted parts of that template and below is what I will be sending. Do you think this is sufficient?

 

Many Thanks again, really appreciate your time and help on this matter

 

 

 

Dear Brian,

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Lowell Financial Limited.

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

[DonkeyB]

Think that's OK. It's Bryan, by the way! I certainly wouldn't get familiar with him...

[DonkeyB]

Send recorded!

[jasonc488]

Thanks DonkeyB,

 

will do.

[bazaar]

Yep as Donkey says, keep it professional.

 

It'll help if you ever get to court ( Not Likely)

[jasonc488]

Hi all,

 

Thought I'd post a quick update, received a letter on 09/07/10:

 

I received a letter from Lowell themselves and not Bryan Carter. The letter states the following.

 

We're looking into your query

Thank you very much for your letter. We are now looking into your enquiry and will be in touch shortly with an answer.

 

We can't give you an exact date, as we may have to get information from other departments and outside companies. But we will get back to you as soon as we can.

 

Please do call us

In the meantime, if you would like to talk to us about this or anything else, please do phone us here at Customer Services on 0844 844 4716

 

Yours sincerely.

 

 

Do I wait for a following letter from them to see what they say.

 

Does anyone know what the outcome of this will be?

 

Many Thanks

[pinky2331]

Hi

I've received a letter today from a company called Fredrickson International Limited stating I owe their client, Lowell Financial, money. When I phoned Fredrickson, the debt apparantly stems back to a vodafone account 7 years ago! Fredrickson say the account has now been returned to Lowell - who should I write to and which letter template should I use? Do I get in touch with vodafone? Argh! Help!

[bazaar]

Hi

I've received a letter today from a company called Fredrickson International Limited stating I owe their client, Lowell Financial, money. When I phoned Fredrickson, the debt apparantly stems back to a vodafone account 7 years ago! Fredrickson say the account has now been returned to Lowell - who should I write to and which letter template should I use? Do I get in touch with vodafone? Argh! Help!

 

First thing is, start a new thread for yourself,

if youve had no contact for over 6 years, this is most likely statute barred but we'll need more info from you to determine.

DO NOT phone these people again, you must keep everything in writing from now on.

In your thread, please be a bit more specific about this, IE, if you had an account with vodafone etc.

[jasonc488]

Hi All,

 

Just got a another letter from Lowell today.

 

Dear Mr

 

We write in respect of the above debt, which, as previously notified in writing we have purchased from Capital One.

 

We are now entitled to receive payment of the balance of £1172.49 from you and enclose a copy of your statement as requested. Neither Capital One nor ourselves are aware of any reason for non-payment.

 

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice.

 

Yours sincerely.

 

 

Customer service.

 

Please can anyone advise on my next step, would really appreciate this.

 

Many Thanks

[jasonc488]

Hi,

 

Do anyone think I should send the statute barred letter now?

 

Many Thanks

[bazaar]

If youre sure its statute barred, then yes straight away.

 

Oh and add in, they should be perfectly aware why there is non payment if they were as professional as theyd think they are