Carter said i'll get court claim in 48hrs - next month got CCJ - nothing in between!!

[pandoradeus]

Hi all,

Got a letter from Bryan Carter this morning, dated 29/08/13

informing me that as I had not paid the monies owed to Lowell financial,

 

they have issued litigation proceedings in the county court .

 

I will receive the claim forms in the next 48 hours.

 

What does this mean? Have no idea what this debt is for and not had any previous communication

 

Any ideas?

Thanks

[BRIGADIER2JCS]

No letters from any debt collection agencies??

 

Carter is known for misuse of the court system.

 

Get this sent today by recorded deliver.

 

FAO Bryan Carter

Bryan Carter Solicitors LLP

 

 

Date:............................:

 

Ref: use Carters

 

Dear Mr Carter,

 

I have received a threatening letter dated xx.xx.xxxxx in which Bryan Carter solicitors state that a court claim is about to be issued within 24 hours.

 

Take note I have no knowledge of any debt to your client and all liability is denied.

 

To send such a letter when NO previous contact has been made by your firm our your client will now result in a complaint to the SRA immediately.

 

I suggest you withdraw any claim immediately and also take not that any claim WILL be rigorously defended.

 

GET THIS AWAY NOW BY RECORDED DELIVERY.

Edited August 31, 2013 by ims21

[dx100uk]

what debt do lowlife claim you owe

 

who was the original creditor?

 

dx

[BRIGADIER2JCS]

Carter just mentions Lowell, OP has not it seems received any previous correspondence.

 

Another instance of Carters misuse of the court system???

[fkofilee]

Carter just mentions Lowell, OP has not it seems received any previous correspondence.

 

Another instance of Carters misuse of the court system???

 

Hmm... Carter... Yes i think we are looking at another misuse of the system... Why are there not procedures in place to stop them from doing this.?

Then again i suppose the system is designed to offer anyone the opportunity to claim whatever....

 

Am i right in thinking Lowell buy (I mean buy to own) the debts and then they can just issue proceedings?

[BRIGADIER2JCS]

Yes they can start proceedings, and Lowell are very keen on misusing the bankruptcy process by issuing Statutory Demands for Payment on debts just over the £750.00 threshold.

[citizenB]

pandoradeus, when you receive the claim form (if indeed one has been issued) please let us know immediately.

 

We will need to know the issue date - top right hand corner and also exactly what it says on the claim form - the reason they are issuing the claim.

 

Would you be able to scan that letter from BC to the thread, please ? If you follow the instructions below, there should be no problems.

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

[pandoradeus]

No letters from any debt collection agencies??

 

Carter is known for misuse of the court system.

 

Get this sent today by recorded deliver.

 

FAO Bryan Carter

Bryan Carter Solicitors LLP

 

 

Date:............................:

 

Ref: use Carters

 

Dear Mr Carter,

 

I have received a threatening letter dated xx.xx.xxxxx in which Bryan Carter solicitors state that a court claim is about to be issued within 24 hours.

 

Take note I have no knowledge of any debt to your client and all liability is denied.

 

To send such a letter when NO previous contact has been made by your firm our your client will now result in a complaint to the SRA immediately.

 

I suggest you withdraw any claim immediately and also take not that any claim WILL be rigorously defended.

 

GET THIS AWAY NOW BY RECORDED DELIVERY.

 

Thank you I will. But will have to do Monday morning. Does it mean they have already submitted papers or is it just a threatening letter?

[pandoradeus]

pandoradeus, when you receive the claim form (if indeed one has been issued) please let us know immediately.

 

We will need to know the issue date - top right hand corner and also exactly what it says on the claim form - the reason they are issuing the claim.

 

Would you be able to scan that letter from BC to the thread, please ? If you follow the instructions below, there should be no problems.

 

 

Yes of course. I won't be able to scan letter in just yet, in middle of moving and everything's in boxes but will be found and done ASAP

[citizenB]

Thank you I will. But will have to do Monday morning. Does it mean they have already submitted papers or is it just a threatening letter?

 

Unfortunately, this is something we don't know for sure.

 

In the letter did it suggest that you telephone them at all ? (This is the reason I suggested posting it up for us to see).

 

Bryan Carter has written letters before that imply that a Judgment has been awarded when no claim has ever been issued. Complaints have been made to the SRA which appears to be just another Industry Club and complaints to them never seem to go anywhere !

 

His letter dated 29th August suggests that you will receive the Claim form within 48 hours, in which case you should have received them today !

[BRIGADIER2JCS]

Carter as people have found out over the years is predictable only in one way, withdrawing claims and passing the account back to his client at the first sign of a defence.

[merlin100]

Carter as people have found out over the years is predictable only in one way, withdrawing claims and passing the account back to his client at the first sign of a defence.

 

Yep - got rid of him twice now with a simple challenge. Cretin!

[pandoradeus]

Unfortunately, this is something we don't know for sure.

 

In the letter did it suggest that you telephone them at all ? (This is the reason I suggested posting it up for us to see).

 

Bryan Carter has written letters before that imply that a Judgment has been awarded when no claim has ever been issued. Complaints have been made to the SRA which appears to be just another Industry Club and complaints to them never seem to go anywhere !

 

His letter dated 29th August suggests that you will receive the Claim form within 48 hours, in which case you should have received them today !

 

What the letter says is:

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You will receive the claim form in the next 48 hours direct from the court. The claim form will show the following items have been added to the debt.

 

Principal balance 1381.99

Interest. 102.67

Court fees. 80.00

Solicitor costs. 65.00

Outstanding balance to pay now (in bold) 1381.99

 

You can telephone is on 0845 3133128 to discuss this matter

 

Please note that the claim includes the additional items set out above which Lowell Financial is entitled to recover. A proportion of any payment made may be allocated to your principal balance with the remainder being allocated to fees

Costs and interest if applicable. The principal balance will only be reflected on your credit file with the credit reference agencies.

 

If judgement is entered against you and remains unsatisfied it will remain on the Judgement Register for six years and you may have difficulty in obtaining further credit.

Yours sincerely!!

[pandoradeus]

Unfortunately, this is something we don't know for sure.

 

In the letter did it suggest that you telephone them at all ? (This is the reason I suggested posting it up for us to see).

 

Bryan Carter has written letters before that imply that a Judgment has been awarded when no claim has ever been issued. Complaints have been made to the SRA which appears to be just another Industry Club and complaints to them never seem to go anywhere !

 

His letter dated 29th August suggests that you will receive the Claim form within 48 hours, in which case you should have received them today !

 

No court papers arrived Saturday :-/

[BRIGADIER2JCS]

Would be Monday earliest I think.

[pandoradeus]

Would be Monday earliest I think.

 

No sign of court papers and advised letter sent recorded this morning. Wonder if he will bother replying...

[BRIGADIER2JCS]

No sign of court papers and advised letter sent recorded this morning. Wonder if he will bother replying...

Very predictable is Mr Cart:!:er

[pandoradeus]

Very predictable is Mr Cart:!:er

 

Still no court papers but should have got letter from me this morning... :-/

[pandoradeus]

Unsure as to what to do.

Still not received court papers or a reply from Bryan carter

What's my next step?

Advice greatly welcomed

[dx100uk]

fire him off this by recorded delivery in the morning.

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

[pandoradeus]

Done thank you

Still no court papers tho.............

[pandoradeus]

I received a letter from Bryan Carter telling i was going to get court papers witin a couple of days months ago.

 

Nothing arrived

 

wrote to Bryan Carter and requesting a copy of original credit application,

and despite them returning postal order and telling me to get in touch with Lowell's, who they are acting on behalf of,

 

I have now received a CCJ.

 

I didn't get anything prior to returned postal order and ccj dropping on doormat.

 

Is there anything I can do?

 

I have no clue what this debt is for

 

Also received s letter from carters demanding payment in full by 20th of Nov despite ccj form stating £50 a month.

Any advice?.

Thankyou

[AndyOrch]

If you never ever received any of the court paperwork then you can make application to set a side the CCJ. You have not changed address recently?

 

Thread moved to Financial Legal Issues.

 

Regards

 

Andy

[Desperate Daniella]

Hi pandoradeus,

 

I think you should ring the Court and ask where the papers were sent.

 

As andy says above, you can apply for a set aside if you did not receive any Court papers.

 

DD

[pandoradeus]

Thankyou

 

Hi pandoradeus,

 

I think you should ring the Court and ask where the papers were sent.

 

As andy says above, you can apply for a set aside if you did not receive any Court papers.

 

DD