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  • #1

    Lowell/bryan carter/halifax

    Hi Everyone,

    Hope you can help me. I had a Halifax Credit card account opened in 2003 defaulted in 2009. This debt is now owned by Lowell. Think it has been passed around a few other DCA's but I did not keep any paperwork. I have been ignoring it but became concerned when I had a letter from Bryan Carter saying they would be taking me to court if they did not hear from me. I was worried by this so looked around the internet and sent off a CCA request to Lowells with a copy to Bryan Carter. This is nearly 3 weeks ago. I have not heard anything from Lowell. Bryan Carter have replied and said I should refer to original paperwork (which I don't have). They want me to respond to them by the end of the month with my payment proposals. They say if they do not hear from me collection activity may resume.

    Just wondering how I should reply to them please? The debt is for just over £700.
    Tags: account, advice, apr, arrangement, arrears, bryan carter, car, card, cca, cca request, chasing, court, credit, credit card, date, dca, dca's, debt, default, default notice, defaulted, fine, halifax, internet, legal, letter, loan, lowell, lowells, on hold, paid, registration, size, solicitors, template, unenforceability
  • #2
    Re: Lowell/bryan carter/halifax

    Hi Ashling and welcome on board! Someone more useful will reply soon I am sure, I just wanted to offer some support
    Never argue with an idiot. He will drag you down to his level and beat you with experience.

    Comment

    • #3
      Re: Lowell/bryan carter/halifax

      Hello Ashling and to AAD.

      We've had a technical glitch with the forum today so sorry for the late reply.

      We have a series of escalating template letters which you can send to a creditor or their agent (i.e a debt collection agency). Someone will link one to you tomorrow. You'll need to complete an extra registration process but don't worry because this is a good thing. We're hot on security on this site

      Read this thread about how to register http://forums.all-about-debt.co.uk/s...l=1#post389442

      The other good thing is you've sent a section 78 CCA request already which will hopefully safeguard your legal position for now

      Comment

      • #4
        Re: Lowell/bryan carter/halifax

        Hi Cookie and Plan B. I also had problems loading the website last night it seems fine today. Yes I have already done the extra registration, thanks. I will wait for someone to let me know which letter to send next, thanks.

        Comment

        • #5
          Re: Lowell/bryan carter/halifax

          you could just reply to carter with a short letter referring them back to yours of xxxx and point out you still await the CCA that you requested
          maybe along the lines of ,but not word for word
          Dear try an barter

          i refer you to my recent correspondence to you dated xxxxx, which tells you I sent Lowlife a CCA request , also the fee of £1.00,
          I still await the CCA for the alleged account, until it is forthcoming I am unable to comment on what my position is,
          (but it may entail a large glass of an alcomaholic beverage an a sausage roll) so please go away and annoy someone else

          yours Nightwatch
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: Lowell/bryan carter/halifax

            Carter knows full well that you have a perfect right to request your agreement and that he can't do anything until your CCA Request is satisfied.
            TBH I would just wait a wee while. Lowell should respond shortly saying that the a/c is on hold while they process your request. At which point if you're a belt and braces type like me you can send a copy to BC with a terse note.
            If nothing happens by middle of next week we'll sort you a letter out. Have you checked the Royal mail website to see if your CCA was received?

            Elsa x

            Comment

            • #7
              Re: Lowell/bryan carter/halifax

              Definitely do the s78 request so we can see whether the agreement appears enforceable or not. Also ask them for a copy of the default notice and notice of assignment if you have loost your copies so that we can assess whether you have a good or bad bargaining position before it hits court.

              Comment

              • #8
                Re: Lowell/bryan carter/halifax

                Lol at nightwatch would love to send that response. Thanks for all the replies it is great to have some support fighting these bullies. Because the letter said "We have been instructed to issue proceedings on xxx" I was really worried as it didn't say may. There has been no contact from Lowell so far I sent the request on 29th April and have the proof they received and signed for it on the 30th April. They have so far not cashed the cheque for £1. I sent a cheque as this alleged debt is in a previous name so thought that would be safe enough. They have asked me to refer to my own records but have not kept any paperwork about this. They want me to reply by the 30th May. Is there a way I should word this or should I wait and see if I get the agreement? Please advise on next move as obviously I would like to avoid court if possible. I already have a charging order from Nationwide that I only realise now I could have fought .

                Comment

                • #9
                  Re: Lowell/bryan carter/halifax

                  If someone could reply about if I should send them a letter or wait I would be very grateful.

                  I also have another lot of solicitors chasing me for another debt and would like some advice on that please should I start another thread? Thanks everyone.

                  Comment

                  • #10
                    Re: Lowell/bryan carter/halifax

                    Originally posted by ashling View Post
                    If someone could reply about if I should send them a letter or wait I would be very grateful.

                    I also have another lot of solicitors chasing me for another debt and would like some advice on that please should I start another thread? Thanks everyone.
                    Start a new thread like this.............




                    Type of account (credit card/loan)


                    Date commenced (ideally before Apr 2007)


                    Approx balance


                    Date last paid (approximate date you last made a FULL payment)


                    Are you on arrangement or not paying


                    Status (default/in arrears/up-to-date)


                    Account owner (who is writing to you, a DCA or the lender)



                    Have a read here------> Unenforceability Diaries - Read me First!

                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Lowell/bryan carter/halifax

                      OK thanks Deepie. Will have a read and then post. Thanks

                      Comment

                      • #12
                        Re: Lowell/bryan carter/halifax

                        If you don't get anything back from Lowell's by next Wednesday, just send Carter a brief letter on the lines of:

                        Reference:

                        Dear Sir,
                        I am in receipt of your letter of xxxxx in which you state that "I should refer to the original paperwork".
                        As I'm sure you are fully aware, I have a legal right to request a copy of the credit agreement you seek to enforce, under s.77-79 of the Consumer Credit Act 1974.
                        Furthermore, as Lowell's have signed for the CCA Request on 30th April, you are prevented from enforcing this agreement in court until they have complied.
                        I would therefore be most grateful if you would refer back to your client and supply me with written confirmation that the account will be placed on hold until they comply with my request.
                        Yours faithfully,

                        Comment

                        • #13
                          Re: Lowell/bryan carter/halifax

                          Don't go into any more detail than that..you need to avoid saying anything that acknowledges the debt.

                          Comment

                          • #14
                            Re: Lowell/bryan carter/halifax

                            Thanks very much, Elsa. I have just got back from the post office where I have posted the letter above to Bryan Carters just 1st class with proof of posting. Can't really afford to send everything recorded. Will update if any replies.

                            Comment

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