Disputed Debt with Bryan Carter (Originally O2)

[Skysearer]

Hi All,

 

I hope I have found myself in the right sub forum! I've leafed through pages and pages of helpful posts from you guys regarding Bryan Carter and similar situations to mine and I've been taken aback by how helpful people have been on this site with people's problems.

 

 

I was, however, still unsure how to proceed with an issue of my own i'm facing and was hoping to ask for advice....

 

To start with I'll lay out the groundwork

 

I had a contract with O2 some years back now (2011?) that originally started in 2009 or so,

towards the end of this contract with maybe 3 months remaining on the current rolling deal

the phone I was using ceased functioning and I called O2 to cancel the contract.

 

 

They accepted this (and I have a letter confirming this action) as I had been on the contract for a long time

and I dare say they more than made their money off me!

 

 

I was also paying for two months where I wasn't using the phone because I am horrible at managing my money

 

However some time later I received a letter from O2 demanding payment for the 'unpaid debt' and

I responded saying nothing was due (including a copy of the aforementioned letter).

 

Sadly this was ignored and I started receiving letters from Lowells, and Red, and eventually Fredrickson.

 

 

In all cases I have simply sent a letter saying I have no debt and including the letter, asking for confirmation of what the debt source is.

 

 

But now I have received a letter from Bryan Carter, and if my initial investigations are anything to go by,

I will soon find myself in the unfortunate position of missing work to be dragged to a courtroom.

 

Because of this I would like any advice anyone can offer with regards of how to deal with Bryan Carter,

I had my first mail from them today (if no response in 14 days a claim will be issued etc).

 

 

Am I in better stead because of them playing ping-pong with the debt?

Is there anything I can do to keep this out of court?

And what is the best way to ensure they drop this ridiculous charade

and finally put this to bed instead of someone else sending a letter demanding money

I don't owe in a few months time?!

Its really rather stressful and I have to admit i've rather had enough.

 

The initial debt was under 100 pounds, Bryan Carter are now estimating (with court fees etc) that they will be looking for 275 pounds. Is there a leg to stand on in that too?

 

Looking forward to hearing back from you.

Edited February 27, 2015 by Skysearer

[dx100uk]

they are all the same lot

 

 

simply the next bloke at the next desk

in a diff coloured skirt using the same printer with a diff letterhead.

 

 

quite honestly I would continue your route of ignoring them.

 

 

if they were stupid enough to issue a claim.

 

 

you need to read the letter properly- no where does it say wILL.

 

 

you have evidence that there was 'a dispute' and a resolution, the judge would laugh them out the door..

 

 

just remember a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

as wit their fake/tame solicitors letters

[Skysearer]

Thanks for the reply,

 

So my best recourse is just to repeat this process with Bryan Carter and make sure I prepare a defence? The letter certainly says they have been instructed to and plan to make a claim and take it to court (though, of course, I have no idea how true that is). I'll type the body of the letter below...

 

We have been instructed by Fredrickson International Limited on behalf of our client, Lowell Financial Limited regarding your O2 (UK) Ltd account, to commence Legal action and issue a claim against you in the county Court in respect of this debt.

 

Should you fail to respond to this letter within 14 days, a Claim will be issued against you without further notice. If Court action is taken, additional costs and interest will be added to the debt which you will be responsible for as below:

 

 

Please note that an amount for interest will also be added to the balance claimed and details will appear on the claim form.

 

Non-payment of the debt following claim may result in a County Court Judgement ("CCJ") being entered against you. (blahblah threats about CCJs)

 

 

 

 

 

P.S. Thanks for the move, wasn't sure where to put the post

[dx100uk]

instructed and IF court action is taken.

 

 

you have plenty of scope here to blow any claim right out the water

 

 

a quick browse of :

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

will show you situation is greatly better than most of those that 'won' against carter.

 

 

IMHO you should ignore them

 

 

unless/until they carry out their threat to issue a speculative claimform hoping for an undefended default judgement.

 

 

dx

[Queens_king]

Having just read post #3 who actually owns the debt.

 

"We have been instructed by Fredrickson International Limited on behalf of our client, Lowell Financial Limited regarding your O2 (UK) Ltd account, to commence Legal action and issue a claim against you in the county courticon in respect of this debt".

 

If the account is still with O2 then uncle Bryan is misrepresenting his authority

[2Grumpy]

One of them might have bought the account - you should have received a notice of assignment.

 

It would be worth phoning O2 to find out if the account has been sold or whether it is still with O2