Letter from the Famous Bryan Carter informing me we are going to court.....

[Artemisia]

Hello,

 

I received the best early Christmas present today. A letter from Bryan Carter informing me that within the next 48 hours I will be receiving papers from 'the County Court' where they will be wanting me to receive a CCJ.

 

This is in respect of an old Marisota/Simply Be debt that originally was around 700 quid. Eventually this became around 1400 with charges JD Williams group kept adding. I offered to pay JD Williams a minimum payment each month over the phone, but they refused and hassled me all the time resulting in me changing my number. The debt was sold to Lowell who upped it with their costs to 1541 pounds. The debt was then transferred to Frederickson International, who I have had run ins with in the past. I ignored them because of the stupid bully boy tactics they use, and now find myself with this letter pre-warning me of my court invite. They have given me a number to call and discuss my account with them...........is this genuine or a scare tactic? I think my original date of default is around Summer 2011 which is after JD Williams group added their obscene charges.

 

I now need some help. What can I do to get me on the best footing for arguing my case. I will gladly pay the amoudnt I owe, but I am not paying the 1882 quid that Bryan Carter are asking for. What is my legal stand point? Do I need to send a SAR to Lowell or Frederickson or both? Is it even an SAR I need? Any advice or signposting would be gratefully accepted. Cheers.

[Bazooka Boo]

Hello welcome,

 

How old is this vexatious debt

When did you take it out, and when did you last pay anything towards it?

 

Check your credit file, see if anything is on there.

 

Bryan Carter talks the talk, but very rarely walks the walk when he is challenged.

 

It is futile sending SAR's to anyone other than the original creditor (OC) as it will only be them who will have any details of this debt, Lowlifes and freds have nothing but a name and a number to chase.

 

What exactly was the puerile missive BC sent you?

One of his template 'Pre litigation' letters?

[Artemisia]

Hello and thanks for replying.

 

Interestingly. .......I have just checked my credit file and it has a default date of April this year and Lowells name next to it. The account was originally opened in April 2009, and I know it went into default around summer 2011 because I remember having just broke up for the summer break for uni. I cannot see my payment history pre April this year, but I think it will have been around Feb 2011 when I last paid anything............I cannot believe that the details have changed on there, usually I can see a full payment history.

 

The letter from BC says:

 

Dear Artemisia

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You willreceive 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 1822.26

Interest 120.99

Court Fees 80.00

Solicitor Costs 75.00

Outstanding balance to pay now 1822.26

 

You can telephone us on 0845 0349918 to discuss this matter.

 

Please note the claim includes the additional items set out above which Lowell Financial Limited is entitled to recover. A proportion of any payment made may be allocated to your principle balance with the remainder being allocates to fees, costs and interest (if applicable). The priciple balance only will 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 obtaining further credit.

 

Yours sincerely

 

Bryan Carter LLP

 

 

I don't really understand what is going on to be honest now I have seen the status of the debt on my credit file. I know I defaulted earlier and have made no contact or arrangement to pay Lowell in regards to this debt.

[Artemisia]

Default date of 24/02/2012.................could have sworn it was earlier. Did a bit more digging in my file to see what was going on.

[oleg]

Of course the letter is a standard template. If legal action has been initiated, what use ringing?, just wait for court letter to arrive. If it hasn't been initiated, then they're simply scaring you. If I were in your shoes, I would wait and see.

[Bazooka Boo]

I do like how he seems to know exactly what fees the court will add, AND he has incorrectly assumed that he is going to win!! Vile little man...

 

Wait until you receive the claim form then you acknowledge it and lodge a defence.

 

In the meantime IMO it might be wise to send the catalogue a SAR and get all the information they hold on this account, what you need to ensure you put in the SAR is that you are expressly wanting them to send you a breakdown of all their costs they have added and interest accrued on them.

 

Then you will be able to dispute the total balance as it contains reclaimable charges.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387315-Debt-or-DCA-Subject-Access-Request

[Artemisia]

Thanks. I shall do that and keep you posted on whether the papers materialise. I can't imagine someone sending a letter and not following with the threat. Reading through this forum, there appears to be lots of people who have been issued with court proceedings from Bryan Carter recently. Have they exposed some kind of loophole? Thanks for the help so far

[Bazooka Boo]

Yes the loophole is called "Desperation"

[Artemisia]

Hello......the blue forms from Northampton CC Bulk Centre followed on the 20th of this month.....date of service being the 18th and the date of issue being the 13th. I do not dispute that I owe some of the debt, but a high proportion of it are late fees added by the JD Williams group and admin fees added by Moorcroft, then Lowell, then Fredericksons and now Bryan Carter, which have pushed the original debt up by 900 pounds to 1882 and pennies. I am having palpatations at the thought of paying that amount of money in one go because I don't have it.

 

I honestly feel sick about this. What I suspect has happened with Lowell is that I had two payment plans on the go with them for the same debt, and I challenged them on their charging me for the same account twice and they wrote a letter of apology saying they had closed the contested account. I then think they transferred the funds to the JD Williams account as I received a letter dated March 2013 thanking me for payment on this account, but as I did not want to acknowledge the debt I did not respond, believing it to be a trap. Oh, how much of a trap it is! What can I do next? I am planning on sending the blue forms to be delivered by 1pm Tuesday tomorrow morning. Do you think offering to pay Bryan Carter 50 pounds out of my 900 a month salary is fair? And then claiming the late payment fees and interest back off JD Williams is an appropriate course of action? Thanks in advance

[havinastella]

Don't be to hasty sending the blue forms back.

 

Can you post up the POC in full (minus your personal details)

 

When was this account originally opened?

 

Send the CCA request to whomever you opened the account with ASAP.

[Artemisia]

Sorry......POC? Is this the one from the court?

[havinastella]

Sorry......POC? Is this the one from the court?

 

Yes

 

Particulars of claim.

[Artemisia]

Yes

 

Particulars of claim.

 

Ahhhh. Sorry. I do not have a scanner at present and cannot get a clear shot of it on my phone in order to get it on. They say Lowell purchased the debt in December 2012, but they must have purchased from Moorcroft .

[havinastella]

You have the claim form, TYPE up what the POC says.

[kerby50]

Hello and thanks for replying.

 

Interestingly. .......I have just checked my credit file and it has a default date of April this year and Lowells name next to it. The account was originally opened in April 2009, and I know it went into default around summer 2011 because I remember having just broke up for the summer break for uni. I cannot see my payment history pre April this year, but I think it will have been around Feb 2011 when I last paid anything............I cannot believe that the details have changed on there, usually I can see a full payment history.

 

The letter from BC says:

 

Dear Artemisia

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You willreceive 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 1822.26

Interest 120.99

Court Fees 80.00

Solicitor Costs 75.00

Outstanding balance to pay now 1822.26

 

You can telephone us on 0845 0349918 to discuss this matter.

 

Please note the claim includes the additional items set out above which Lowell Financial Limited is entitled to recover. A proportion of any payment made may be allocated to your principle balance with the remainder being allocates to fees, costs and interest (if applicable). The priciple balance only will 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 obtaining further credit.

 

Yours sincerely

 

Bryan Carter LLP

 

 

I don't really understand what is going on to be honest now I have seen the status of the debt on my credit file. I know I defaulted earlier and have made no contact or arrangement to pay Lowell in regards to this debt.

Bryan Carter must have upped his fees as it used to be £50. He also does not like people to submit a defence when they receive court papers as it forces him to withdraw from the case. It makes him nervous in case he might lose. He is also used by Arrow Global but when the heat is on they also back down. As the amount has gone up because of exhorbitant charges then Carter might risk it but for low amounts he probably won`t.