Bryan Carter re. Issuing Court Proceedings 15th November

[meganelliot]

Hi,

 

I wonder if anyone can help.

 

I've received a letter with regard to an historic credit card debt. Bryan Carter Solicitors LLP have been instructed to issue court proceedings in the next couple of days.

 

I've checked my bank statements and the last time I paid anything on the credit card was well over 6 years ago. I've never acknowledged the debt and they've never issued a CCJ.

 

Is the debt Statute Barred? When does the clock start ticking? Is it the day I missed the first payment? If so, then it's probably 6 and a half years old.

 

Any advice?

 

If it is Statute Barred any advice on how to get these guys off my back?

 

Thanks

[ims21]

Clock should start ticking from the date a payment was due but was not made and no further payments made thereafter for a clear period of six years (5 in Scotland). There must also not be any written acknowledgement in that period.

 

Does this account show in your Credit File?

 

If it is SB then that is a 100% cast iron defence if they do issue court papers.

[meganelliot]

Hi,

 

Thanks for your reply. I'm not sure if it's on my credit file. Does it matter if it is? How do I get access to my credit file?

 

Thanks

[ims21]

Hi,

 

Thanks for your reply. I'm not sure if it's on my credit file. Does it matter if it is? How do I get access to my credit file?

 

Thanks

 

You appeared to be unsure as to whether the account is SB so your credit file may give you some more information.

 

You can try Noddle which is free

 

https://www.noddle.co.uk/

 

You can also try Equifax and Experian although you will need to cancel your free trial with them to avoid being charged.

 

If you are sure that the account is SB then there is no need to check it and SB is an absolute defence to any court proceedings.

 

If you are sure that the account is SB then you could send Carter the Statute Barred letter from the CAG library, the link to which is at the top of every CAG page in green.

[meganelliot]

You appeared to be unsure as to whether the account is SB so your credit file may give you some more information.

 

You can try Noddle which is free

 

 

You can also try Equifax and Experian although you will need to cancel your free trial with them to avoid being charged.

 

If you are sure that the account is SB then there is no need to check it and SB is an absolute defence to any court proceedings.

 

If you are sure that the account is SB then you could send Carter the Statute Barred letter from the CAG library, the link to which is at the top of every CAG page in green.

 

 

 

Hi, thanks again for the advice. I'm pretty certain the last payment was made in early 2007. I've checked my credit file and the only thing on their is in relation to this debt. The entry is for Lowell Portfolio and it was updated 22/09/2013. The Default Date is 11/03/2010 but I assume this is the date it was sold/assigned to Lowell because, as I say, the last date I made any payment to the credit card was early 2007.

 

Can I just ask about that Default Date. Have Lowell registered that incorrectly, should the Default Date be the day I failed to make a payment?

 

Many thanks again.

 

MeganElliot

[meganelliot]

One other thing, on the Credit History Summary it states 'Amount of Outstanding Debt (excluding mortgages) = £0'

 

Is this significant?

 

thanks

[ims21]

So if you made the last payment in 2007 and the default is registered as 2010 then that is not right and should be challenged.

 

I would suggest that Lowell have out a date on the file from when they bought the account.

 

Are you absolutely sure that the last payment was in early 2007?

[meganelliot]

So if you made the last payment in 2007 and the default is registered as 2010 then that is not right and should be challenged.

 

I would suggest that Lowell have out a date on the file from when they bought the account.

 

Are you absolutely sure that the last payment was in early 2007?

 

 

Yeah, I've spent ages looking at my account and the last payment I can see was early 2007. I'll have to trawl through my account again, just to double check up to when I was made redundant in Jan 2009 - I wasn't even paying my mortgage then so I definitely wouldn't have paid a credit card!

 

I'll check again but if correct I assume that I just send one of the template letters to the solicitors. One last thing, silly question, but if I do send a letter to the solicitor should I sign it?

 

Thanks

[citizenB]

Did you ever receive a Default Notice from the original creditor prior to any sale of the debt to Lowells. Lowell can only update the original default date they cant simply put one there on their own and they cant change the original default date.

 

So that is what you need to establish. If a DN was issued by the original creditor and when - almost certainly they would have entered a default marker onto your credit files up to 6 months after the remedy date had passed and you hadn't repaid the arrears requested.

 

Can you let us know who the Original creditor was ?

 

You also need to establish the last payment made - you would then start counting for the 6 years at the time the next payment was due and not made.

[meganelliot]

Hi, I honestly can't remember if I received a default notice. I received so many letters over the years and they all ended up in one place!

 

The original Creditor is HBOS but surely the default notice would be issued just after the date the first payment was missed.

 

As they state they will issue proceedings tomorrow I really need to get a letter faxed over to them. Which one would you suggest at first, a request for the original default notice or the 6-year letter?

 

Thanks

[citizenB]

Not always, some creditors didn't issue DNs for up to 6 months. But the norm is around 3 missed payments.

 

If you are certain that you have made no payments for 6 years, then I would send the Stat Barred letter.

 

TBH, I wouldn't be breaking any land speed records.. if they were to issue the claim, Statute barred is a complete defence

 

It is not necessary to request the Default notice (not that you would obtain it anyway as they don't keep copies) I was just wondering if you had received one - in which case we could identify the when the first default marker should have been placed.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

Link to statute barred letter.

[meganelliot]

Not always, some creditors didn't issue DNs for up to 6 months. But the norm is around 3 missed payments.

 

If you are certain that you have made no payments for 6 years, then I would send the Stat Barred letter.

 

TBH, I wouldn't be breaking any land speed records.. if they were to issue the claim, Statute barred is a complete defence

 

It is not necessary to request the Default notice (not that you would obtain it anyway as they don't keep copies) I was just wondering if you had received one - in which case we could identify the when the first default marker should have been placed.

 

Hello again,

 

Well, I sent the letter but it wasn't acknowledged and they decided to take it to court anyway. In my defence I advised the court of the contents of my letter which they passed on to the solicitor.

 

I received a letter today from the solicitor that their client wishes to proceed at this time but that 'the claimant agrees in principle to mediation'.

 

I'm not even going to check my historical bank statements because I triple-checked them last time. The credit card payment was defaulted well over 6 years ago. No payments made since, no acknowledgements of any letters, nothing signed, never even picked up a call from them. I've basically ignored everything.

 

I'm a bit concerned now that they have information that I'm not aware of or, even worse, that they have forged my signature on a document. Is this unheard of?

 

Another side of me thinks it might be a last throw of the dice to try to get me to acknowledge the debt and agree to pay a reduced sum; ie. the benefit of the debt being paid far outweighing any court costs or knuckle-wrapping.

 

So, I'm a little unsure where this is leading but any guidance/advice would be greatly appreciated.

 

Thanks

[ericsbrother]

Probably hoping you will agree to pay them an amount for the rest of your life. They know that gojng to court wll earn them nothing but pain so will gladly try and get you to admit that you killed the dinosaurs and owe them money aas well.

[meganelliot]

Probably hoping you will agree to pay them an amount for the rest of your life. They know that gojng to court wll earn them nothing but pain so will gladly try and get you to admit that you killed the dinosaurs and owe them money aas well.

 

Well, this has now been passed to a small claims court. They've paid their court fee and I await the result of the hearing. They've still not provided a shred of evidence to me yet.

 

Has anyone been to this stage with this Company yet? I'll update when I know the result.

[renegadeimp]

You have acknowledged, and put in a defence right? If so its a very good idea to go to the court when asked or they could win by default.

[renegadeimp]

If the debt is sb then that will be your complete defence.

[meganelliot]

As far as I am aware it is SB. No payments for well over 6 years and I've never acknowledged a letter or even picked up a telephone call.

 

I did put in a defence that the debt is SB. I've since received a letter from the solicitor giving me the option to settle outside of court by monthly instalments but if they do not hear from me they will apply to the Court to strike out my defence at hearing.

 

I've also received a letter from the Court advising that it appears the case is suitable for the Small Claims Track. There is a small claims track directions questionnaire form with the letter which states that it must be completed and filed with the court by 6/1 (tomorrow) but as far as I am aware I don't need to fill this in - the solicitors have sent me a copy of their completed form.

 

I'm a bit confused as to how they could win by default if the debt is SB. Surely it's SB if I attend the hearing or not. My defence will be the same in person as it is in writing. The court is over 100 miles away and I don't want to have to travel that distance just to show my face.

 

Thanks

[renegadeimp]

They know that it is SB, but they seem to be intent on lying to the court that a payment was made. As for the court, when you filled in the forms, you can get it transferred to your local court.

 

One thing to remember, carter will lie through his teeth in court to get money from you. He knows the debt is SB, thats why he has tried to settle out of court.

[meganelliot]

Ok, thanks for the advice.

[themagician]

They know that it is SB, but they seem to be intent on lying to the court that a payment was made. As for the court, when you filled in the forms, you can get it transferred to your local court.

 

One thing to remember, carter will lie through his teeth in court to get money from you. He knows the debt is SB, thats why he has tried to settle out of court.

carter! my god is he still alive ? thought he'd of croked it by now,anyway as normal he's still huffing and puffing and just as with me he will probably not turn up to court anyway,get it transferred to your local court and then hit him with your costs,win win situation,been there done it. GOOD LUCK.

[meganelliot]

Thanks. Not heard anything yet but it's early doors. I have asked them to transfer it to my local Court so we'll see what happens. I've already requested a copy of Bryan Carter's complaints policy because I think, as a solicitor, before he proceeds to court, he should check whether the debt is valid. I'll see what comes of the Court case before filing the complaint.

[angel_1]

hiya meganlliot

 

 

ive subbed as ive got a claim from them too, but I hope to learn something from your thread as im going to check everything on my credit file now so I hadn't thought of noodle to check so worth reading the posts here cheers all and good luck x angel

[meganelliot]

Hi Angel,

 

I'll update when resolved...if ever!

 

It's been moved to a local Court now so at least I won't have to travel very far.

 

I'm not sure what Noodles have to do with it though!

 

Thanks

[allergor]

How did you get on with this?