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Receiving Threats from Bryan Carter for an old Credit Card Debt


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Hi,

I am looking for any help or advice:

I ran up a large amount of debt more than 10 years ago on a Barclaycard, after my business failed - I tried to pay it off over a few years, but with all the interest charges, I found it impossible and gave up - with the last payment / default @ July 2008. The debt with Barclayard was just over £15,000 (!!).

 

I buried my head in the sand for the last 5 years after searching the internet a few years ago and satisfying myself that the debt was un-enforceable and as such have never replied to any of the multitude of phone calls and letter received from many debt collectors over that time. Of course, I now realise that this is probably not the truth!

 

A few months ago, I started getting letters from Lowells, Fredriksons and now Bryan Carter. I checked my Experian File and noted that Barclaycard wrote off my debt last year / sold it to Lowells (without notification). The letters of the last couple of months have been quite aggressive, leading to the last letter, where (on Bryan Carter headed paper), they are notifying me that if I do not pay in full by the 26th August, they will issue court proceedings.

 

I have had these types of letters before - but this one seems to be worded differently from the usual we 'may' issue proceedings. Needless to say, I am worried, as I have absolutely no means of paying this large amount of money.

 

I have so many questions (sorry!) to anyone who can help. On one hand I am tempted to just ignore it as usual and see if they actual issue proceedings. On the other - after reading about these jokers - I have started to think about what if they just try for an uncontested CCJ - especially if I never reply to anything.

 

Does anyone have any further clues as to how many of these letters from BC actually end up with proceedings issued?

 

The amount they say I now owe is £16,078 (which is more than what I owed Barclaycard). Does anyone have any suggestions as to a next move (if any?). Do I send a 'prove it' letter or a letter saying I have no clue about the debt (after all - I have not idea where they got the actual amount from).

 

Any help of advice would be most welcome and thanks in advance (sorry for the long rambling post!).

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when was your last payment/acknowledgement of the debt? Are you in England or Scotland? On what basis did you decide your debt was unenforceable?

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Last payment was June 2008 to Barclaycard. I live in England. I decided it was probably unenforceable after reading the articles on the internet a few years ago about credit cards issued before 2003/5? Mine was issued in 1990's so assumed Barclaycard would not have the original agreement and / or it was unenforceable. I now appreciate this is very old information and the whole situation changed a few years ago etc.. and there are such things as re-constituted agreements etc..

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Did you ever send aCCA request to Barclaycard? Was there any PPI on the account?

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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my initial suggestion would be to send a prove it letter to Carter, as you have no knowledge of a debt of this amount, and have never received a Notice of Assignment

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks for the advice - I will wait until nearer the date and send a recorded letter. Is there a standard template for this type of thing?

What may be the next stage - is there a realistic chance that Lowells / Fredricksons will have the original agreement - and if not, do they still usually proceed anyway? Thanks.

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Prove it letter here: http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

Can be sent with 'proof of posting' which is free from the PO counter.

 

CCA request letter here: http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

Can be sent RD or 'PoP'.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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depending on Carters reply, the next step would be a CCA request to Carter, he will then have to go back to his client Lowell, who in turn will have to go back to BCard for a copy of your agreement, that should confuse and delay things nicely. Due to the age of the card BCard may well not have a copy. Any recon they issue would have to be a True and Accurate copy of the original and for Carter to obtain a CCJ would highly likely need the original anyway, so plenty to work with

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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From personal experience with carter

 

I ignored him, he issued court claim, I sent CCA 77/78request he withdrew from court case, end of.

 

If you search the internet for info on carters, you will find plenty on how he backs down after a CCA request.

Wp3

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A CCA request on an account this old may fail purely on the age of the account, Carter will I doubt be aware of this.

There is a possibility that a recon agreement could be produced which would satisfy the CCA request, but would not be any use in court.

 

Carter is more likely to withdraw at the first sign that the claim will be contested.

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  • 3 months later...

Just an update on this matter - I sent a 'prove it' letter to Bryan Carter in August - 3 months and a couple of letters later, they eventually sent a couple of photocopied hashed together statements.

 

I then sent a S77/78 CCA request with a postal order to them - I got the postal order back in the post today with a letter saying the have noted the contents of my letter but if I require documentation under the Consumer Credit Act 1974 then I must request this directly from their client (Lowells) and in the meantime I must contact them with my 'payment proposals'!

 

Obviously I will send the CCA request to Lowells - but is this normal behaviour for Bryan Carter? As I understood it, they should not even ask me for payment once I send a CCA, until the documentation is provided?

 

Do I just send the CCA request to Lowells and ignore Bryan Carter?

 

Any help / comments would be appreciated. Thanks.

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Tell Carter that no payment offer will be made as the account is in dispute and you do not acknowledge any liability for an unproven debt.

CCA to Lowell addressed to

Ms Sarah de Tute

Director of Legal and Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Add a complaint that Lowels 'agent' Bryan Carter has refused to forward the CCA request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Thanks for the quick response!

As I understood the CCA letter - Bryan Carter were obliged to pass it on to Lowell themselves?

Is the CCA likely to get dealt with quicker, addressing it to Ms de Tute, or is this just a simple case of avoiding the 'losing' my letter etc..?

Shall I add the complaint to lowells on a separate sheet of paper / separate and put in the same envelope?

 

Am I correct in assuming that Bryan Carter have no right to continue with this until the CCA request is fulfilled?

Sorry for all the questions and thanks again for the help.

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No Carter can continue and issue a claim.

 

Separate sheet same envelope .

 

Address to the top of the ladder certainly improves the 'service'.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Ah, OK, my mistake - I thought I had read that they had 'x' amount of days to comply with the 77/78 CCA request and they could not send a claim during this time.

 

In your experience, are Lowells likely to submit some kind of reconstituted document and will Bryan Carter issue a claim with / without the documents?

 

Thanks again for the advice - most appreciated.

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Lowell will have to get the CCA from the original creditor, if it is not available a reconstituted agreement could be produced.

There is no way of predicting what Carter may or may not do.

 

Carter is known for issuing claims as a means of intimidation and withdrawing them a the first sign of a defence or other challenge.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Just following - letters / CCA request resent etc..

Should Lowells fail to produce any agreement / paperwork, but Bryan Carter still issue a claim - what would be the grounds for my defence?

I have noted a few people comment that usually BC pulls out of claims if a defence is entered - so just wondering what I should put should the time come?

Many thanks again for help and comments.

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Absence of a compliant agreement for a start.

 

Best to wait and see if Lowell come up with an agreement.

 

Carter certainly does Not like to proceed if recons are used, passes back to the client.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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