BRYAN CARTER SOLICITORS

[DAVEB71]

Hello everyone
My misses has an old debt for £190 from an O2 account which Bryan Carter Solicitors are the latest ones chasing up on behalf of lowell, its been bounced about abit an ended up with these, so my last correspondence with them was September where I written to them with the meat of it taken from a template asking them to provide me with specific details, they wrote bank saying they'd forward the info when they could and tried to answer the other questions. One of the requests I made was for a statement for the account which I received Saturday just gone with a covering letter to pay or face further action, thing is the statement shows clearly that nothing has been paid in respect of this disputed account since August 2008, and it only shows 2 payments anyway that neither of us recall making and also a little suspicious as they are for credits for daft amounts like for 99p in August 2008 and 20p in December 2007 thats it thats the statement them two credits and the outstanding??
Now even if I had paid these which like I said dont recall wouldnt this debt now be SB and therefore unenforcable as they are pursuing it past the 6 years deadline where no acknowledgement by way of payments have been made.
Cheers guys any advice would be appreciated before I write back and tell them to go fook off.

Cheers

Dave

[Never-In-Doubt]

Re: BYRAN CARTER SOLICITORS

Hello everyone
My misses has an old debt for £190 from an O2 account which Bryan Carter Solicitors are the latest ones chasing up on behalf of lowell, its been bounced about abit an ended up with these, so my last correspondence with them was September where I written to them with the meat of it taken from a template asking them to provide me with specific details, they wrote bank saying they'd forward the info when they could and tried to answer the other questions. One of the requests I made was for a statement for the account which I received Saturday just gone with a covering letter to pay or face further action, thing is the statement shows clearly that nothing has been paid in respect of this disputed account since August 2008, and it only shows 2 payments anyway that neither of us recall making and also a little suspicious as they are for credits for daft amounts like for 99p in August 2008 and 20p in December 2007 thats it thats the statement them two credits and the outstanding??
Now even if I had paid these which like I said dont recall wouldnt this debt now be SB and therefore unenforcable as they are pursuing it past the 6 years deadline where no acknowledgement by way of payments have been made.
Cheers guys any advice would be appreciated before I write back and tell them to go fook off.

Cheers

Dave

email me the letter mate - i'll sort you a response..... webmaster@all-about-debt.co.uk

[DAVEB71]

Re: BYRAN CARTER SOLICITORS

Cheers Nid your a legend
I will send it over later pal.

Dave

[Never-In-Doubt]

Re: BYRAN CARTER SOLICITORS

Bumping this to remind me to sort a response in morning

[DAVEB71]

Re: BYRAN CARTER SOLICITORS

Cheers Nid
Much appreciated mate.

Dave 👍👍

[Never-In-Doubt]

Re: BYRAN CARTER SOLICITORS

Send this to Bryan Carter Solicitors:


================================================== ======

Dear Sirs,

Statute Barred Account No/Reference No: xxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the Financial Conduct Authority Consumer Credit Sourcebook (CONC) guidelines say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Additionally, the FCA CONC guidelines states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment".

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed. As is clear from a recent statement of account, the last acknowledgement to the account was 6th August 2008 which for the record, was never paid in by me however that was clearly more than 6 years ago anyway.

I await your written confirmation that no further contact will be made concerning the above account and that this matter is now closed.

Yours faithfully,

[DAVEB71]

Re: BYRAN CARTER SOLICITORS

Hi Niddy

Thanks for that mate, hopefully after receiving this they will piss off and stop mithering, I will keep you informed.

Cheers

Dave

[DAVEB71]

Re: BRYAN CARTER SOLICITORS

Hi Niddy

Despite sending the above letter for an obvious SB debt, Carter has written again today saying we have been instructed by Fredrickson International Ltd on behalf of their client Lowell Financial Ltd regarding this account to commence legal action and issue a claim in the County Court, they said they will do so without further notice if I dont reply within 14 days, what do you think I should do mate, are they just trying it on?

Cheers

[IF]

Re: BRYAN CARTER SOLICITORS

Dave, could you email Niddy that letter -- > webmaster@all-about-debt.co.uk and please put your username here on the subject line.

Thank you
IF

[DAVEB71]

Re: BRYAN CARTER SOLICITORS

Cheers IF

Will do, I will get it over tonight if thats ok.

Dave

[IF]

Re: BRYAN CARTER SOLICITORS

Cheers IF

Will do, I will get it over tonight if thats ok.

Dave

Tonight's fine

[Undercover Elsa]

Re: BRYAN CARTER SOLICITORS

Hi Dave, have they acknowledged receipt of your letter in any way, and did you send it recorded delivery?

Elsa x

[PlanB]

Re: BRYAN CARTER SOLICITORS

Despite sending the above letter for an obvious SB debt, Carter has written again today saying we have been instructed by Fredrickson International Ltd on behalf of their client Lowell Financial Ltd regarding this account to commence legal action and issue a claim in the County Court, they said they will do so without further notice if I dont reply within 14 days

What you describe sounds very much like a Letter Before Action to me. What is the date on the letter and when do the 14 days expire?

If the debt is statute barred then the debt is statute barred and issuing legal proceedings won't change that.

I can see you've told Bryan Carter that it's SB but have you ever told Lowells or Fredericksons who have apparently instructed BC to issue proceedings? You can't assume that BC will have told them.

Plan B x

[Never-In-Doubt]

Re: BRYAN CARTER SOLICITORS

Hi Niddy

Despite sending the above letter for an obvious SB debt, Carter has written again today saying we have been instructed by Fredrickson International Ltd on behalf of their client Lowell Financial Ltd regarding this account to commence legal action and issue a claim in the County Court, they said they will do so without further notice if I dont reply within 14 days, what do you think I should do mate, are they just trying it on?

Cheers

send a copy of the last letter with a cover note saying "see attached"

[DAVEB71]

Re: BRYAN CARTER SOLICITORS

Hi Elsa, thanks for replying, in short they never acknowledged my last response they have just included Fredrickson International in the mix now but it was sent recorded delivery for which I have the receipt.
Hi Plan B, thanks also for replying, I responded to Carter who were chasing me on there behalf, but regardless, Nids been over what they sent me which was laughable really and confirmed what I thought and that its definately SB.
Cheers guys,
Nid I will email the letter to you tomoz mate.
Thanks again for all replys.
Dave