Carter/Lowell CCJ Threat vanquis card - advice on what to do first

[Morr]

Hello Everyone,

 

I've spent a lot of time reading on forums today, but thought perhaps best to post on my own.

 

I've recieved a letter from Bryan Carter solicitors saying they have been instructed by Frederickson to issue court proceedings on 7th Feb

if I don't pay up now (£433.38).

 

From reading online it appears this Bryan bloke isn't just threatening, and he probably will issue proceedings.

 

After looking on noddle,

I can see a default for that amount, and its for a vanquis credit card that had a limit of £250.

 

I was making payments on this, but stopped mid 2009.

 

I understand I'm now going to have to deal with a lot of letters etc.

 

My confusion is to what to do first.

 

Do I

1) Wait and see if i get the court proceedings (my research online tells me they will go ahead though) or

 

2) send them a prove it to both lowell and BC or

 

3)Although, I know I had this CC so am I best just to contact Lowell and make a payment plan?

As I had been making payments on it before, so if it went to court I would have no defence.

 

I don't have the money to pay this off in full, or even to make a settlement offer

(I work PT on a low income and we are just keeping our heads above water now),

 

my only option would be to ring them and offer maybe £25 a month (at a real push)

 

do you think they would accept that?

 

I'm also reluctant to get a CCJ however as this will mess up the next 6 years for me

just when I feel like there may be a light at the end of our financial tunnel.

 

What do people suggest I do first? Many Thanks in advance!

Edited January 27, 2014 by Morr
new info

[citizenB]

If they are not going to issue papers until 7th February, then you have a little time in hand - so yes, you could write to them with the "prove it" letter, available from the CAG library.

 

You would send this to Bryan Carter as he is the one who has written to you, however, to cover yourself, I would send a copy to Lowells as they will ultimately be the claimant if they do issue a claim.

 

You would send any CCA request to Lowells.

 

A subject Access Request will take 40 calendar days and would need to be sent to the original creditor.

 

All the draft letters are available from the CAG library - highlighted in gree - top left of the screen.

[Morr]

Great, thanks.

 

I will send the prove it and just see what they come back with.

 

I could keep my fingers crossed that they have maybe lost paperwork.

 

But I've kind of resigned myself to the fact I'm going to have to somehow pay it.

 

I wonder if they would accept a lower full and final offer.

 

The credit limit was £250,

i wonder if they would accept that. Will send the letter off and see.

 

I feel bad even trying to find a way round this, as I know I had the card and couldn't pay.

 

I'm just stressing about how I will manage to settle it now,

 

money is far too tight as it is.

[AndyOrch]

I would be wanting a breakdown before any offers should you consider a F&FS on a credit limit of £250 to rise to £433.

 

Have you ever received a Notice of Assignment to Lowells from the original creditor?

Have you ever received a Default Notice from the original creditor?

 

Always prudent to prepare for court and also adds weight to your negotiations.

 

Regards

 

Andy

[Morr]

I can't be sure about the notice for assignment, or the default, as I have moved a lot, so it's possible it's come and I've not received it or opened it. I am today planning on sending the below to Bryan and to Lowell, what do you think? Any objections? Should I send it recorded, or just normal?

 

Dear Sirs,

You have contacted me regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that we have no knowledge of any such debt being owed to Lowell or Frederickson International.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

[AndyOrch]

Excellent and dont forget your section 78 request (CCA)

 

It is important to head it " I do not acknowledge any debt with your company"

[Morr]

Oh okay, i wasn't going to do that! So should I also send (as a seperate letter in same envelope) template removed

[Bazooka Boo]

Send it to lowlifes, but annotate on the letter to bryan 'bloody' carter that you have requested this info from lowlifes.

[AndyOrch]

Yes send it seperate...they both cant get lost in the post:wink:

[Morr]

Great, thanks guys! I really appreciate it!

 

I will send those out today and perhaps when I hear from them next I will get back in touch with you if that's okay for some more help?

 

Weirdly,

I got another letter this morning from lowells regarding a mobile bill from 2007.

If I remember correctly I was in dispute over them (I went into the phone shop to upgrade my contract,

 

the salesman started me a new contract yet didn't cancel the old one and it was still active

 

- I took this up with vodafone and the shop but haven't heard anything for years

assumed they had found the shop at fault.)

 

lowell must be scraping the barrel for some new year money.

 

I think this debt would be statute barred anyway.

 

What is also weird, is that I still have my mobile contract with vodafone and according to my credit file it's all perfect and fine

and was started in March 2008.

 

Do you think I should write to lowells now, or wait until they take it more seriously (then could send statute barred).

 

I'm guessing as now I have finally got in touch with them, they will start bothering me more.

[mjt2013]

In your first letter you may want to stop using the Royal 'we', it makes your letter sound very strange indeed.

[Morr]

MJT- Good point! It was just a template I copied, will amend!

[AndyOrch]

" So lowell must be scraping the barrel for some new year money. I think this debt would be statute barred anyway."

 

We can only assume that a portfolio of old mobile/catalogue debts were purchased for £35 :madgrin:that are either statute barred or close to...these claims are by the 1000s and I'm sure Northampton and the courts if defended are fed up to the back teeth.

 

Still you have to try to make a fast buck:wink:

[Morr]

Right, have the following to take to post office:

 

1) Prove it to Bryan Carter (Recorded delivery)

2) prove it to Lowell (Normal post)

3) CCA request and £1 postal order to Lowell (Normal post)

 

I'm trying not to waste money at the post office (as I only have £11 to last me till Friday!) so do these delivery options sound ok?

[AndyOrch]

You can save on the recorded delivery if you ask the PO for a receipt Morr.

[Morr]

Great, will do that! Need to save every penny now!

[Bazooka Boo]

Yes 'Proof of posting' is all that is required, free from the PO counter

[Lee Vodafone Company Rep]

Great, thanks guys! I really appreciate it! I will send those out today and perhaps when I hear from them next I will get back in touch with you if that's okay for some more help?

 

Weirdly, I got another letter this morning from lowells regarding a mobile bill from 2007. If I remember correctly I was in dispute over them (I went into the phone shop to upgrade my contract, so the salesman started me a new contract yet didn't cancel the old one and it was still active - I took this up with vodafone and the shop but haven't heard anything for years so assumed they had found the shop at fault.) So lowell must be scraping the barrel for some new year money. I think this debt would be statute barred anyway. What is also weird, is that I still have my mobile contract with vodafone and according to my credit file it's all perfect and fine and was started in March 2008. Do you think I should write to lowells now, or wait until they take it more seriously (then could send statute barred). I'm guessing as now I have finally got in touch with them, they will start bothering me more.

 

Hi Morr,

 

Thanks for making me aware of this.

 

To enable me to get things looked into further, could you email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[Morr]

Morning everyone, happy Friday! Not so happy for me.

 

Got another letter from Bryan Carter today, he responded quick considering my letter only got delivered to him yesterday.

 

So he is saying (have no scanner available till Tuesday so just summarised):

 

- I would have received a notice of assignment in July 10

- I made a payment of £1 in May 2012 (I definitely did not! Unless I sent them £1 for a CCA back then, which I may have done,

are they allowed to class this as a payment? Not that it makes a huge difference as according to my bank statements

I last paid them in July 2009, so long way off being SB)

 

- It then says it is the policy of the original creditor to provide agreements and statements therefore I already have them

I should refer to my own records. It then tells me to contact lowell to get any further info.

 

SI already sent Lowell a CCA request Tuesday, along with a copy of the letter i sent to BC,

I have done what Bryan Carter have suggested,

do I just hang on now and wait till lowell get back to me? I

 

posted the letter by recorded on Tuesday,

they would have got it yesterday, so the 12 working days is Monday 17th Feb.

 

Bryan Carter tell me they have put court proceedings on hold till 13th Feb.

 

I'm guessing if I haven't heard from lowell by the 11th Feb,

 

I should maybe write to BC telling them I'm still awaiting the outcome from lowell.

 

Is this correct, o

 

r should I be sending any other letters at the moment?

 

Thanks everyone!

 

 

God, I really hope they don't have a signed CCA from me, otherwise I'm well and truly stuck.

[Morr]

Hi Everyone, just bumping this post really. Today is the 6th, and BC say they are starting court proceedings on 13th. I've not heard anything from Lowell after my CCA (their 12 days is up on the 14th Feb, so should I write to BC and say, I need them to extend their deadline as I am awaiting confirmation of this debt from lowells?

 

Thanks!

[Bazooka Boo]

BC is simply intimidating you into responding.

The £1 payment WILL have been for the CCA, he knows it and is hoping you don't.

 

This odious creature needs a damn good briefing, report him to the SRA http://www.sra.org.uk/home/home.page

 

He has to issue you with court papers yet before he can just stroll into court.

If you receive any such fabrication off him, you simply state that you are going to be defending in full, this gives you more time, so any notion of him going to court on the 13th is a complete myth on his part.

[Morr]

Hello Everyone,

 

 

today is the 11th February, and I've not heard a peep out of Lowell after my CCA request

(which I sent recorded delivery on the 28th Jan, they would have received 29 Jan).

 

However BC's last letter, said they would resume action on the 13th Feb,

I want to send BC's a letter telling them I have still not heard back from Lowells,

therefore they cannot persist with chasing me until I have proof.

 

I think I have seen a letter around somewhere along the lines of to pursue whilst the debt is being disputed is breaking the OFT rules,

or something like that!

 

Can someone please point me in the right direction to find a letter of this description.

I want to post today to ensure BC's doesn't sting me with papers when I'm not expecting it.

 

On a seperate note, looking online, the account was opened March 2007,

does this mean that unless they can send me a signed CCA then they cannot enforce it?

I can't remember if I took out online or through the post.

 

If I took out online, does the CCA route not exist (as presumabley I ticked a box confirming T&C's). Thanks everyone!

 

Sorry, just bumping to see if anyone can help with what letter I need to write today? I really do want to write today as I need to make sure it gets there by Thursday!

[Bazooka Boo]

They have 12+2 days to respond to your CCA request, so I wouldn't be sending anyone anything yet.

 

As for BC, why are you entertaining him?

Unless and until he sends you a summons which you will defend in full, then don't play his puerile little game.

[Morr]

In his last letter he said he would resume court action on the 13th Feb, which is Thursday. I'm scared it will get to Thursday and he will just send them out. I wondered if a strongly worded letter would buy me more time. This all makes me so nervous and anxious.

 

I do see what you mean though. the 12 working days plus 2 will be Monday 17th. I'm just trying to do anything to avoid court papers on my doorstep....

[AndyOrch]

Sending letters and getting into ping pong with this guy wont make any difference...wait and see if he issues a claim.