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Bryan Carter - Lowell


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Hi Guys

 

I have the bullies in the title on my back!

 

When I was approx 18, in 2004 I had a Capital One credit card. I maxed the card out to the small limit - £200 and stupidly didn't pay. I have had letters from Lowell over the years saying I now owe £522 with charges but I ignored them. Approx 1 -2 months ago I received letters from Court saying Bryan Carter are filing a CCJ against me.

 

Using templates online I have sent them a recorded letter requesting the original Credit agreement, details of payments and breakdown of how the figure is £522, although i'm certain it is statute barred now.

 

Bryan Carter have responded saying due to the length of time it is an unreasonable request and they will not be providing me with the documents but they will be proceeding and to seek legal advice! The Court have also sent me a letter saying I should seek mediation.

 

Tomorrow i'm going to send a statute barred letter recorded post. Is this the best way to proceed? Shall I send the same to the Court? I literally can not believe they have the cheek to say my request is unreasonable due to the length of time passed...

 

I have checked my credit file and there is no mention of the debt on there which I presume is because it was so long ago?

 

Shall I also respond to the courts letter of mediation so I can discuss it with them and say it now statute barred?

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Hi

When you got the court papers, did you log in and tell the court you intended to defend?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422595-Bryan-carter-statute-barred..-I-beat-him

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Yes I did, i entered a defence straight away. I received a copy of the Court letter to Bryan Carter saying a defence had been submitted.

 

Just read the link, excellent.. so it's all about holding my nerve and insisting its SB!

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It is for BC to prove otherwise and it is unlikely he will be able to.

 

Caoital1 would have placed a default within 6 months of the last payment (they are quite hot with defaults) so as you say it is not on your credit file, SB is your only defence needed.

 

Before the legal bods appear to offer better than me.

 

Have you said at any time (in writing) in the last 6 years that this is your debt or made any form of payment in that time?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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No definitely not, I hadn't heard about it for years. I've even got a new Capital One card (which is thankfully all up to date) so I presumed as it was a small amount it was wiped. Lowell were contacting me but it was once a year so I just binned the letter presuming they were chancers.

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" Using templates online I have sent them a recorded letter requesting the original Credit agreement, details of payments and breakdown of how the figure is £522, although i'm certain it is statute barred now.

 

Bryan Carter have responded saying due to the length of time it is an unreasonable request and they will not be providing me with the documents but they will be proceeding and to seek legal advice!":lol:

 

 

So they are in default....standby for his Consent offer next.

 

Regards

 

Andy

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  • 3 weeks later...

Bryan Carter have replied saying I made a payment in February 2008 and they filed for a CCJ in January 2014 so therefore not statute barred. Shall I ask them to prove I made a payment, as they previously said it was unreasonable request to get this information... so how do they know this now? I certainly am not aware of this.

 

I've also had another letter saying they are willing to settle out of court.

 

How shall I proceed?

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Get the idiot to prove the payment. He knows he;s filed a bad claim and is STILL trying to pressure you to admit and pay him.

 

As for an unreasonable request... Nope. He knows damn well that he needs that paperwork to enforce a debt.

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

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