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  • #1

    Newbie here, help appreciated...

    Hi,

    I have had two texts and a letter in the last three days from Bryan Carter Solicitors, on behalf of Fredrickson International/Lowell's about an old credit card debt.

    It should go to Statute Barred on 15th September this year, 6 years since default.

    They are threatening to apply for a CCJ in 14 days.

    I guess I just need advice on if they are likely to actually do it, and if I'd be better off sending some sort of 'Prove It' letter to them?

    Trouble is, the debt is mine (please don't judge!) So can they prove it, do you think?

    The statue barred date is going from the recorded 'default' date from Noddle website.

    I was in a bad place a few years ago, mental and physical illness etc. I'm better now, in some ways, but living hand to mouth so cannot afford to pay them. I know it's my debt, but the bank could see I was unwell and out of control each time they happily extended my credit.

    Any advice much appreciated!
    Tags: action, advice, bank, bryan carter, car, card, cause of action, cca, cca request, ccj, con, credit, credit card, credit card debt, date, dca, debt, default, fine, firms, fredrickson, free, help, legal, letter, letters, lowell, niddy, noddle, pay, people, solicitors, statue barred, statute barred, suggestions, template, templates, texts, three days, website
  • #2
    Re: Newbie here, help appreciated...

    Just to add, the screenshot I took off Noddle some time ago, shows the 'default' date as 14th September 2009, but has the last green entry (assuming this is a payment made) at May 2009, with an orange coloured 1 for June, an orange coloured 2 for July, a red coloured 3 for August and a red D (for default) on September 2009. Does this mean that the statute barred would actually be from the first missed payment, which looks like it was June 2009? This would mean it's definitely statute barred by 1st July this year, right?

    Comment

    • #3
      Re: Newbie here, help appreciated...

      The SB date is from last payment - not the default date. A default could be added +6 months after last payment and it may be SB already. The DCA in question is notorious for trying to the default date is the cause of action - it is not. A Default is procedural - not a cause of action.

      send a cca request for now. Do not call them or speak to them.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Newbie here, help appreciated...

        Get a CCA1974 request off to Carter for starters - get copy by clicking header above Templates , send £1.00 P.O. writing on back for CCA1974 request only, they should send one back within 12 +2 days - if not then until one received they cannot enforce.

        when you get one (if) keep us informed and then we can get you to send un-edited copy to Niddy who will check if enforceable or not.

        Meantime give us information about who the originator was etc etc etc,

        Start a diary, if you look thru threads you will see format:

        Try to get an idea to set out in the following form:-

        RED/Hampton/Lowell - Support Group
        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

        • #5
          Re: Newbie here, help appreciated...

          Try and forget Noddle. It's totally irrelevant. Send a CCA Request

          --> http://forums.all-about-debt.co.uk/s...mplate-Letters
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: Newbie here, help appreciated...

            Originally posted by StephieDee View Post
            Trouble is, the debt is mine (please don't judge!) So can they prove it, do you think?
            One thing that we don't do on this forum StephieDee is judge other people! That vast majority of us are in debt or have been.

            This should be SB but send a CCA request to Bryan Carter asap as they shouldn't issue legal proceedings whilst a CCA request is outstanding.
            Let your smile change the world but don't let the world change your smile

            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

            • #7
              Re: Newbie here, help appreciated...

              Yep CCA request to Bryan Carter is the way to go .......
              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

              • #8
                Re: Newbie here, help appreciated...

                Welcome to AAD, Stephie.

                You ae in good hands here: as Pixie says we never judge.

                If you have time, have a look around the more "relaxed" threads - we even have our own "virtual bar"! Just confirms our normality, really.

                Originally posted by StephieDee View Post
                the bank could see I was unwell and out of control each time they happily extended my credit.
                I think a lot of us can relate to that situation!
                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

                • #9
                  Re: Newbie here, help appreciated...

                  Hi and welcome to AAD. You will not be judged, you will be helped and supported; if you look around the site you will see different areas where you can be helped or can help. As has been said do not speak to a DCA. Send the CCA letter and then post back here before you take any further action.
                  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

                  • #10
                    Re: Newbie here, help appreciated...

                    Hi StephieDee,
                    Welcome to AAD
                    I agree that the limitation date runs from the day after the first missed payment.

                    As above, sending off that CCA Request (for a copy of the Consumer Credit Agreement) is vital at this point, as although they can technically issue a claim, they cannot enforce it (obtain a CCJ) while a CCA Request is outstanding - providing the card was taken out prior to April 2007.

                    Can you remember when the card was taken out, roughly?

                    Also, so that we know the exact state of play, could you please scan it and send a copy (unedited) to Niddy ( webmaster@all-about-debt.co.uk ) and me ( undercoverelsa@all-about-debt.co.uk ). Don't worry it's perfectly secure. Alternatively type out exactly what Carter said in the last letter, and post it here minus personal details.

                    Don't worry, we'll help whatever happens, you're in the right place

                    Elsa x

                    Comment

                    • #11
                      Re: Newbie here, help appreciated...

                      Originally posted by StephieDee View Post
                      a letter in the last three days from Bryan Carter Solicitors, on behalf of Fredrickson International/Lowell's about an old credit card debt.

                      They are threatening to apply for a CCJ in 14 days.
                      That sounds like a Letter Before Action to me.

                      What is the date on that letter from Bryan Carter? We need to ascertain the deadline.

                      The object of the exercise is to prevent legal proceedings from being issued. After that we'll take a look at any legal arguments you may have to defend a claim should one be issued.

                      As Niddy has said send a CCA request as your immediate priority.

                      You may also need to send a specific template letter in response to the LBA (if that's what this letter is) but before I suggest that may I see a copy of BC's letter using PlanB@all-about-debt.co.uk.

                      How much is the debt?

                      Plan B x

                      Comment

                      • #12
                        Re: Newbie here, help appreciated...

                        If you follow the suggestions above you will be fine .xxxx
                        if you do it today and you like it you can always do it again tomorrow

                        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

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