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lowell/carter Claim form : co-operative bank visa card


julesverne
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Hi Guys i hope you can help point me in the right direction as to how i can proceed with this.

 

4/5 years i had finanncial issues which meant i defaulted on my debts. but i have been hounded ever since with debts sold on etc to lowell. they. From previous advice i have ignored the letters and when they called which is an awful lots of 100 + and 20 + letters they have passed this now to bryan carter solicitors. they sent a letter earlier stating if i didnt pay by 31st then it was going to court. now received this letter today (i have typed the content as i dont have a scanner.)

 

Our client lowell financial

account no. XXXXXXX

balance £7304.60

 

Dear mr julesverne

 

As you have failed to make payments on the above account we have now issued litigation proceeedings in the county court.

you will receive the clain 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 £7304.60

interest £580.96

court fees £100.00

Solictor costs £190.00

outstanding balance to pay now £7304.60

 

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

 

please note that the claim includes the additional items set out above which Lowell Financial are entitled to recover. A proportion of any payment made may be allocated to your principle balance with the remainder being allocated to fees, costs and interest (if applicable). the principle balance only will be reflected on your credit file with the credit reference agencies.

 

if judgement is entered against youand remains unsatisfied it will remain on the judgement register for 6 years and you will have difficulty in obtaining further credit.

 

end of letter.

 

how should i proceed with this i want to fight them over this due to the way i have been harrased over the last few years.

 

please any help would be most appreciated my wife is sick with worry over this and cannot sleep.

Edited by Andyorch
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hiya

 

 

first of all im sure the cag team will come and help but in the meantime pls don't worry too much

you have done the first thing in getting a thread started,

 

im currently dealing with this sols and lowells and just doing my next bit,

 

its a bit of a long road but I wish to reassure you that you have come to a brill place and do like they advise and keep the thread updated

 

- unfortunately don't do like me and leave to the last day lol,

 

so pls learn from my hard lesson learnt today, but get all your paperwork together today and read around the forum with anything to do with lowells and bryan carter

and you will defo find success stories,

 

I will add your thread and offer any help I can too, if you wish to view my thread I will try and post up a link for you to see the stages we all get to ,

 

,, hope that is reassuring, but im sure expert help will soon post up info and request of info from you to update the thread with, good luck take care angel x

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?413163-Ccj-northampton-from-bryan-carter-re-halifax-visa-card-account

Edited by angel_1
my thread if its of any help to read for the moment

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

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Just wait until they actually do submit a claim...then you can defend it.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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hi I would like to know re the abbreviations too pls but as I clicked on it wouldn't take me to the page and said if I followed a valid link to let admin know, is it just me? not working for 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

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Looking into the problem why the link is unavailable.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Thread title edited.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Hi guys,

 

I have today sent off a subject access request to the co-operative.

 

should I be sending anything off to Bryan Carter Solicitors or should i just wait.

 

i feel should be doing something to try and fend off the possible threat of any court litigation or should I just sit tight and wait and see.

 

Also i may be getting ahead of myself so early into this, but should this go to court would the actual signed copy of the agreement be required

as proof that the agreement was entered into or would a photocopy be sufficient.

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Hi Everybody,

 

Well today i have received through the post claim form from the county court bulk centre in Northampton.

I intend to defend this claim vigourously. due to way i have been hounded over the last 5 years regarding this debt (not all of it by lowell who purchased the debt on the 28/12/2012).

 

I havent read the whole papers yet i will do so in the next few hours but having no legal knowledge and very willing to try and do as much myself. could anybody point in the direction of some good threads or articles that i can read up on.

 

Also is there anything i should do that i should do straight away after reading and is there anything you would like me to post up regarding the claim form.

 

thanks in advance for any advice or help given.

 

Jules

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First of all, if you can let us have the issue date - top right hand corner of the claim - then we can work out your timeline.

 

Then if you could type up what the claim actually says eg , the reason that they have issued the claim, that would be very helpful and we can then advise what information you need to obtain and how.

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

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It would also be useful to have a little more history regarding the actual account.

 

When did you enter into the agreement.

 

Was there any Payment Protection Insurance included. If mis sold, this can be reclaimed.

 

Do you know if there are any default / penalty charges added to the account.

 

When you first had problems keeping up with the payments, did you speak to the Co-op about this?

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

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Hi CitizenB,

 

issue date is 14/02/2014 so if I'm correct in what I have read so far the claim date is taken as 19/02/2014

 

Pariculars of claim

 

This claim is for 6433.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and / or goods.

 

This debt was assigned to / purchased bypowell Porfolio I Ltd

on 28/12/2012 and notice served persuant to the law of property act 1925

 

particulars RE: co operative bank

A/C no XXXXXXXXXXXXXX

 

and the claimant claims £6433.64

 

the claimant also claims interest persuant to s69 county court act 1984 from 28/12/2012 to date at 8% per annum amounting to 580.96

 

amount claimed 7014.60

court fee 190.00

solicitors costs 100.00

total amount 7304.60.

 

signed bryan carter

 

 

 

 

is there anything i should include like addresses etc

 

 

history of the debt

 

started 28/11/2005

No ppi on this but I do have another MBNA which did have ppi but have claimed not due to fear of them hounding me aswell.

penalty charges were added when i got into difficulty paying not sure about default charges though.

 

history of how I got into this mess

 

Here goes a bit of background info.

 

i'm now a self employed plumber and approx 5 years ago I got into serious debt problems due to a customer not paying a bill who was a ltd company and went bankrupt.

 

I thought I could get myself out of this by using credit cards as a short term solution.

however the bank crisis came and the said credit card companies, ramped up there interest rates and i couldn't keep up the payments.

I looked around for help and not very well i might add (i could only describe myself as running around like a headless chicken)

 

I saw an advert from credit card killer and had recently seen them on panarama and thought i had seen a light at the end of my tunnel.

I was faced with an unsummountable debt Just short of £22000 split against 3 credit cards Egg ,MBNA & Smile(co-operative) I just couldnt see a way of getting out of it.

 

So i parted with around £3000 filled in the paper work and hey presto i was allegedly debt free

then came the letters from the companies disregarding CCK .

i made logs of calls ,txts sent demand letters to CCK as instructed by them and sent them all to them as requested.

 

But 5 years on they are all still chasing me and have passed the debts on

 

i reckon between the 2 I have received in excess of 300 calls, letters, txt requesting payment. i would change my mobile no and home no. etc but i need them for my business

 

In an Ideal world i would sincerely have paid this but was put in this current position by the fact of the credit companies

hikking their interest rates up extortionatley, prime example MBNA put theres upto just short of 35%

 

 

I know Credit Card Killer i believe the owners were jailed so do not exist anymore and if they do they certainly can't be contacted.

 

I know i am to blame in part for getting into debt in the first place but i believe also the credit companies are to blame aswell for the exortionate interest they charged when the B of E is just 0.5%

Edited by julesverne
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Righto..

 

Date of Issue - 14.02.2014 + 5 days for service = 19.02.2014 + 14 days to acknowledge the claim (you can do this online) = 05.03.2014 + 14 days to submit defence, if you choose to defend = 19.03.2014.

 

The particulars of claim is very vague (as is usual from Bryan Carter). It does not mention whether a default notice was issued or not ? Was it ? It would have been issued by the original creditor.

 

Did you actually receive the Notice of Assignment from Lowells ?

 

Whilst it is not relevant to this particular issue - I would suggest you send a SAR to MBNA and obtain as many statements as you possibly can (they only keep them for 6 years) once you have done that, we can help you make the claim for the PPI reclaim. It could be either seriously reduce that particular debt or perhaps even clear it totally.

 

Back to the subject in in hand.

 

You will need to send the following letter to Bryan Carter - it is a request for copies of the documents mentioned in the claim form. Read the draft carefully, remove the bits that are not required. In the list of items you can request you will need to leave..

 

1: - which is a copy of the agreement -

2: - Notice of Assignment

3: - Statement of account showing how the amount claimed has been assessed - the statement is to identify any default/ penalty charges.

 

Any other documents in the draft should be removed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Please ensure you remove any brackets - highlighted text etc.

 

I will draft another letter that will also need to be sent and pop it in the next post.

Edited by citizenB

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

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Here you go - this is a request for INFORMATION only - whether or not you can then request sight of these documents is dependant upon their response. They must sign their response with a statement of truth :) You can pop this in the same envelope as the CPR 31.14 request - at the very least please obtain a free proof of posting and keep with your copies of the letters.. but if you can afford it, go for one of the tracked methods of posting.. recorded or special delivery as they will have to sign for it.

 

[ATTACH=CONFIG]49320[/ATTACH]

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

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Thanks CitizenB

do I send these direct to Bryan Carter solicitors. my preferred method of delivery would be royal mail special delivery next day I can get these sent tomorrow

 

Yes both to Bryan Carter :)

 

Special Delivery is good :)

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

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just to update on everything so far.

 

both letters have been sent today by royal mail special delivery to ?Bryan carter solicitiors.

i have filed acknowledgement of service to the county court online.

SAR request to the co op for this account has been signed for and received by recorded delivery.

 

 

Is there anything I can be doing whilst waiting for replies its a bit nerveracking waiting. want to be to do something constructive.

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........

Is there anything I can be doing whilst waiting for replies its a bit nerveracking waiting. want to be to do something constructive.

 

just to try relax. wait, see if they reply. stick to court deadlines.

have you previously done a cca request on this?

when was it apparently taken out?

IMO

:-):rant:

 

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sarah, if you could start a thread with the history of the account and other information regarding the claim, then we can try to help you !

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

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Hi Guys,

 

I thought i would add an update on what's going so far.

 

Well so far nothing

 

i have not had any communication so far Bryan carter.

 

i sent the letters on the 19/02/2014 by royal mail special delivery and

they were received the next day when checking on the royal mail website.

 

i have a problem where i need to work away for a few weeks as work has been at bit thin on the ground and i need to pay the mortgage.

 

i need to start getting my defence ready and filed by Thursday which is a little bit earlier than i wanted.

 

i have been looking through the letters they have sent me

and i cannot find any letter of assignment.

that is something i haven't received

 

i'm not doubting they sent

but i definitely have not received it.

 

so guy my first thoughts for defence

 

no copy of CCA when requested

no notice of assignment received.

 

constant harrassment by phone and letter

even when they phoned i explicitly asked for all comms by letter.

 

for my sins i realise now i should have sent a letter requesting this.

no answer to any of my requests.

 

is there anything i can add to this.

 

thanks in advance

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if you look in this forum

 

you'll see numerous threads

 

several like yours

 

no paperwork returned etc etc

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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