Jump to content


meganelliot

Bryan Carter re. Issuing Court Proceedings 15th November

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1849 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites
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.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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

 

Is this significant?

 

thanks

Share this post


Link to post
Share on other sites

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?


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

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


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...