Bryan Carter / Lowells - £1286.59 - Court Action on 9 April 2014 - PLEASE HELP ME

[JadeA]

Hi there,

 

I have had a quick look on this forum and see that others are having similar issues as me but I really want some personal advice to my situation. So thank you to anyone who replies (also, it may be worth noting I am a complete novice when it comes to debt management)

 

So I have received the below letter from Bryan Carter Solicitors and I am very concerned. The letter was sent to my parents house where I haven't lived for a few years now and I have only recently began seeing my parents again so have received no other communication that this which my parents gave me yesterday.

 

Dear Miss xxxxx

 

Our client: Lowell Financial Limited

Account no: xxxxxxxxxx

Our ref: xxxxxxxx

Balance: £1286.59

 

We have been instructed by Fredrickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on 09 Apr 2014 if payment of this debt is not received by us on this date.

 

If proceedings are issued, solicitors costs, court fees and interest will be added to the amount that you owe and will be enforced against you if a Judgement is subsequently obtained.

 

You must contact us on 0845 0349918 before 09 Apr 2014 to make payment if you wish to avoid the matter going to court.

 

Please see the reverse of this letter for full details of the different types of payment methods we accept. You can also manage your account online at xxxxxxx

 

If you dispute liability for this debt please provide your reasons in writing and supply us with all documents in support of any defence you may have,

 

A Judgement Order (CCJ) will remain on the Register of Judgement debts for a period of 6 years and may affect your ability to obtain credit in the future.

 

This matter has now reached a stage where you may want to obtain legal advice.

 

Yours Sincerely

 

xxxx

 

Firstly I am not sure what this is for - I have sent no letters to Bryan Carter Solicitors or Lowells as I havent received any previous letters. I do have a couple of outstanding debts, one with Capital One and one with Orange, I think this may be for Capital One but I have no letters from them either.

 

What I want to know is - where do I start, I think I need to send a CCA?(?) but is there time for this since they are going to start court proceedings in 9 days! I am very scared at the moment couple with the fact I am in early pregnancy and extremely emotional and all over the place at the moment.

 

Please could someone advise me what to do next to rectify this. I would be happy to pay the debt but can't afford to pay it all at once. But also someone told me that since I did not take out the agreement with Lowells then they do not have a leg to stand on. I am so confused.

 

I have looked in to going to my local CAB office, but the appointments are in the mornings 3 x days a week and I have work. You also need to complete a triage form and wait for them to contact you within 3 days if they are going to give you appointment, time is not a thing I have in this case!

 

Grateful for any advice, and please, do treat me like the complete novice I am.

 

Kind Regards,

 

Jade

[JadeA]

Apologies a quick update.

 

I have logged in to Noddle and it states on my credit file that I am paying and I am up to date with Capital one. It is showing up thayt the default outstanding payments are to Lowells. I really am not sure what this is for. Is a CCA the best route?

 

Kind Regards

Jade

[renegadeimp]

Yep.

[JadeA]

Thank you for your help.

 

And from what I gather once I have sent this (recorded delivery) with a £1 crossed postal order, they will need to halt any court proceedings until they have responded and the dispute is resolved?

 

Grateful for your response x

[renegadeimp]

Thats right. They should not pursue legal action while they remain in default of a CCA request. Please note though, that if the agreement was taken out post april 2007 they can simply supply a reconstituted CCA, and then it will be up to a judge whether the debt is enforceable or not.

 

Just remember, lowells, freds and carter are very litigous. They do not care at all about the legality of the debt. They simply abuse the court process as a form of debt collection. Once you file a defence ( if/when they they issue a claim), youll notice that carter runs off and says " sorry, ive washed my hands of it now. Ive passed it back to freds". He always does that without fail.