lowell/carter claimform - welcome finance 'debt'

[dx100uk]

certainly looks a lot better

need to sort the numbers mind!

[AndyOrch]

Vast improvement kh...apart from your point 7 ...that's for overdrafts...you should be referring to sec87 of the CCA1974.

 

http://www.legislation.gov.uk/ukpga/1974/39/part/VII/crossheading/default-notices

 

Rest is fine.

 

Andy

[kh41]

Update

 

 

Good Evening Guys

 

 

Firstly can I just thank everyone for there help with this

 

 

Ok letter was sent to all parties on the 6th of February well within the 14 days before the deadline date of 11th of march as of yet I have had nothing back from bryan carter or Lowell but have checked with the court they have received my defence statement.

 

 

Bryan Carter have until 26th of February to pay a £170 hearing fee so fingers crossed they have received the letter and decided its not worth persuing.

 

 

if I hear nothing from any of them do I still have to go to court ??

 

 

many thanks

 

 

KH41

[dx100uk]

well the case will be stayed.

what/if they ever do anything more is anyones guess

though carter usually discontinues at the first sniff of a defended claim

or backs away and farms it back to lowells.

 

 

dx

[kh41]

will I be informed of this if they walk away ??

[AndyOrch]

This is past allocation DX DQs filed...no stays..if he fails to pay the hearing fee by 26th the claim is truck out.

 

Andy

[dx100uk]

brill!!

 

 

dx

[kh41]

fingers crossed for the 26th then they don't pay . then the court will inform me there is no case yes ?

[AndyOrch]

Check on the 26th see if they have paid..if not ask it be struck out...for failing to comply with directions.

[kh41]

Morning Guys

 

just spoke to the court this morning,

bryan carter have paid the hearing fee ,

 

 

does this mean they have a strong case ???

 

 

we have had nothing from them regarding the witness statement we have sent them

so obviously my partner is getting very worried now

 

thanks kh41

[Old Cogger]

does not mean a strong case, he does this knowing he can withdraw near the last minute and get his fee back, it is usually a method to try and get you to panic etc, others will comment also.

[AndyOrch]

Did you check if they had submitted their WS and disclosures ?

[kh41]

no like an idiot didn't think of that at the time

[kh41]

Have just rung the court back they have submitted nothing they can see,

but she says there is a back log still to be submitted to be logged onto the computer

but she cant say what it is.

 

 

if they have submitted something should I have not of had copies of this by now ??

[AndyOrch]

Have just rung the court back they have submitted nothing they can see, but she says there is a back log still to be submitted to be logged onto the computer but she cant say what it is. if they have submitted something should I have not of had copies of this by now ??

 

Yes...the court directions direct each party to serve on each other...if this is not complied with you can ask for sanctions to be imposed.

[kh41]

*** UPDATE ***

 

Letter from Bryan carter today informing us they are no longer instructed in connection with this matter

and have returned the account to their client ( Lowell Financial Limited )

 

so is this telling us they are not going to court lol.

 

do we need to do anything now or just forget about it , court date was march 11th

 

many thanks

 

 

KH41

[dx100uk]

read from post 104 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436230-carter-lowells-claimform-o2-debt***Claim-Struck-Out***/page2

[kh41]

Good evening guys

'

court hearing is due Friday , will be ring the court in the morning to see if Bryan carter or Lowell's have informed them about account being returned to Lowell's .

 

the day after we received the letter from Bryan Carter informing us of this ,

 

 

we received a letter of Lowell telling us the account was now being managed by Fredrickson International

 

 

do we inform the judge of this on Friday and take both letters with us or just ignore it ,

 

 

we have not received anything from fredrickson yet.

also the amount owed has gone up over £500 are they joking lol.

 

 

many thanks

 

 

KH41

[AndyOrch]

As per the above link provided by DX.....and as I have already advised in that thread what to do...what to state.

 

Have you done the same as the poster in that thread and asked if the court have been informed of change of representation?

Have you checked if they have yet submitted their disclosures and witness statement?

 

Regards

 

Andy

[kh41]

as of Friday last week they had sent nothing to the court .

 

as for changing the representation will be finding this in the morning when we ring the court,

 

I have a letter ready to take to court on Friday from the thread you posted last week.

 

so hopefully tomorrow the court will confirm they have heard nothing from bryan carter

seeing as they have handed the claim. file ect back to Lowell

[AndyOrch]

 

Best of luck for Friday kh41

 

Please update your thread...good or bad.

[kh41]

Morning All

 

Just back from court, where the case has been adjorned

a new solicitor turned up,

apparently they had only just taken over the case yesterday

but had sent out documents to ourselves ( which we had not received yet )

and e-mailed the court which again they hadn't seen yet.

 

they were saying we made a payment in april 2010 and the defult was from april 2010

also they have a copy of the default notice and the original credit agreement

 

( which again we have not seen yet. we asked the judge to strike out the case

but he adjorned it instead but we did get £50 costs for wasted time.

 

so very disappointed and very surprised that documents have finally surficed after all this time .

 

any advice on the next step very welcome

 

KH41

[dx100uk]

doesn't matter if they have the agreement

though I doubt its enforceable

 

 

they need to prove the debt is not SB'd

and proof of the defaulted date does not help them.

[kh41]

they judge said I would probably not be able to use the limitation's act as my defence as the new hearing would be before the cut odd date . I will scan and post what they send me when I have it

[dx100uk]

???

 

 

try that again...

 

 

dx