Carter / Fredrickson chasing old-Littlewoods cat debt

[Guest]

Yep, that would be about right.

 

is this related, did you do the sar etc

http://www.consumeractiongroup.co.uk/forum/showthread.php?370893-Lowell-adding-default-to-littlewoods-credit-file-entry

[nonymouse]

is the letter definitely a letter before claim, ie says that they will commence legal action in 14 days?

 

Yes it is.

[nonymouse]

is this related, did you do the sar etc

http://www.consumeractiongroup.co.uk/forum/showthread.php?370893-Lowell-adding-default-to-littlewoods-credit-file-entry

 

Yes, this is all the same issue - I have the materials from the SAR but I lacked the mental space to deal with it any further as it was so incomprehensible, and now I've got a CCJ heading towards me. Utterly bewildered by all of this.

[Guest]

Yes it is.

 

ok

as advised, do the cca request pronto.

can also do the barred letter. if sure is barred.

that might put them off starting a claim, for now. but maybe not knowing them.

[Guest]

Yes, this is all the same issue - I have the materials from the SAR but I lacked the mental space to deal with it any further as it was so incomprehensible, and now I've got a CCJ heading towards me. Utterly bewildered by all of this.

 

are there any details re the last payment and details re the default by the original creditor.

[nonymouse]

are there any details re the last payment and details re the default by the original creditor.

 

Not that I can see - I need to have another look through it tomorrow but I remember not being able to find anything about the last payment,which is what I wanted to challenge Lowell originally.

[nonymouse]

Hi All

 

Thanks for all the assistance yesterday. The CCA is in the post just now, so we'll see what comes back.

 

nonymouse.

[citizenB]

Have Lowells actually defaulted you, or have they simply updated the credit files and the Original creditor defaulted you at an earlier date ?

 

The fact is, that Lowells cannot default you as they are not the original creditor.

 

If you are absolutely certain that you have made no payments since 2006, then I would suggest the statute barred letter in the link below would be the best course of action for you to take.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**(1-Viewing)-nbsp

[nonymouse]

Have Lowells actually defaulted you, or have they simply updated the credit files and the Original creditor defaulted you at an earlier date ?

 

The fact is, that Lowells cannot default you as they are not the original creditor.

 

If you are absolutely certain that you have made no payments since 2006, then I would suggest the statute barred letter in the link below would be the best course of action for you to take.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**(1-Viewing)-nbsp

 

 

Hmmm.. Lowell has applied the default as far as I can see (as in, on my credit file they're named as the creditor.

I had a look through the SAR info from the original creditor yesterday, and it seems to suggest I made payments by Direct Debit in 2010, but these payments all appeared to be for Zero, and then the balance went UP by £12 each month (a missed payment fee I assume). I'm now looking to get old bank statements to prove I had no active direct debit and made no payment, so I'll tackle Lowell.

 

But for now I just need to keep Brian Carter off my back. He'll have received the CCA this morning so I'll await my post with treidation next week!

[Guest]

their logs shld show all things in/out, including default notice and when it was closed out.

yes, seems the 12£'s wld prob be re a missed payment 'fee' if no payments.

[nonymouse]

Hello All, just to let you know I've received the following from Brian Carter this morning:

 

We confirm the letter you received was a Letter Before Action and no court proceedings have been issued as yet. In any event this matter would most likely be allocated to the Small Claims Track and Part 31 will not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the orginial creditor's policy to issue agreements at the start of the contract and statements thoroughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

So.... what do I reply to that with? Sounds like I'll be receiving court papers sooner rather than later, doesn't it?

[Old Cogger]

usual nonsense from Farters, they do know until allocation then CPR 31 applies, the rest is just farcical letter wording they always press button !B! and churn out see what arrives next in the pantomime season at Farters.

 

do nothing as all letter ping pong to the idiots is a waste of time as they cannot read/digest, do not forget those people who delve in this dirty so called solicitors for hire business are not fit for any other proper job other than align with more crooks! and if the CCA1974 is outstanding then that is it for now.

 

 

as this country has gone to the dogs due to the Money Sickness Syndrome what can one expect from top to bottom!

[unclebulgaria67]

Hello All, just to let you know I've received the following from Brian Carter this morning:

 

We confirm the letter you received was a Letter Before Action and no court proceedings have been issued as yet. In any event this matter would most likely be allocated to the Small Claims Track and Part 31 will not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the orginial creditor's policy to issue agreements at the start of the contract and statements thoroughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

So.... what do I reply to that with? Sounds like I'll be receiving court papers sooner rather than later, doesn't it?

 

That is a standard letter in response to a CPR 31.14 letter, which you only send if a court claim form is received. It puts the claimant on notice that you expect to be provided with any documents mentioned in their claim.

 

From what i can see, you were just advised to send the CCA REQUEST, which is presumably what you did ?

[nonymouse]

Yes.

[unclebulgaria67]

Yes.

 

So just wait and see what happens. The outstanding CCA request should put the off issuing the claim, but if they do, then you defend it. Report back when you hear any more.

[nonymouse]

Will do, thanks very much again for your help.

[Guest]

Yes.

 

just to ensure that you have done a separate formal cca request (click on it) and not a CPR 31.14 request (which is different, and which it looks like given their response) or a combination.

[nonymouse]

Having looked, I realised I had combined with a CPR. I've now sent a CCA, today, recorded.

[Guest]

no worries,

[nonymouse]

Just to update on this, letter received today from Brian Carter saying they've 'received my corespondence' (i.e my CCA request) and have 'referred to their client' and have 'put my account on hold'.

 

So I'll wait and see what comes next...

[Guest]

good, hopefully that will put off any claim in the meantime.