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  • #1

    Barclaycard - Bryan Carter

    Hello,

    Hope someone can help, I'm not sure what to do on this.

    I received a letter today from Bryan Carter Solicitors. They are writing regarding an old Barclaycard account that was with Lowell.

    When Lowell took it over I wrote explaining it was in dispute as I had never received a CCA, only terms and conditions sheet. They just wrote back saying Barclaycard said they had provided a CCA.

    Now this solicitor letter has arrived, I'm not sure whether to ignore it or not. They mention possibly taking action and that I should consider seeking legal advice, but I think this might just be a standard letter. Then they ask me to make payment to a different debt collector.

    There's no chance of payment as I am lucky if I have a tenner in my account most of the time, and the debt is all dating back several years when life and circumstances were very different.

    Barclycard know it is in dispute, so do Lowell, but if they deny the dispute I don't quite know where that leaves me?

    Thanks very much in advance, I'm thinking I should ignore it, but not sure.
    Tags: account, accounts, act, action, addresses, advice, application form, bank, barclaycard, barclays, bryan carter, car, cca, cca request, claim, con, court, creditor, creditors, dca, debt, fos, legal, letter, letters, life, litigation, lowell, niddy, order, safe, set aside, solicitors, statue barred, template, template letter, templates, thank you, threat, unenforceability, unenforceable, update
  • #2
    Re: Barclaycard - Bryan Carter

    I wouldn't ignore it. I would send the "Threat to commence litigation" letter to Bryan Carter (I really must learn how to copy and paste when using the tablet ) If you click on the Templates tab at the top of the page, it's in the responding to legal threat section.
    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.

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    • #3
      Re: Barclaycard - Bryan Carter

      Thanks, Pixie. It's been a few years since I made payment and I am never sure when to ignore or not. Barclaycard only ever sent a sheet of terms and conditions, but they don't seem to accept this isn't a CCA.

      I'm always scared of writing in case anything ever resets possible statue barred, but I will take your advice and write to them. Thank you.

      Comment

      • #4
        Re: Barclaycard - Bryan Carter

        How long is it since you last made a payment.

        There's no need to worry about resetting the SB clock if you use AAD templates. They have been very carefully worded to ensure this won't happen.
        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.

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        • #5
          Re: Barclaycard - Bryan Carter

          Link------> Threat by Creditor - To Commence Litigation
          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.

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          • #6
            Re: Barclaycard - Bryan Carter

            Thank you Deepie
            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.

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            • #7
              Re: Barclaycard - Bryan Carter

              I last made payment in 2010, but I have been chasing a CCA since 2008.

              They just basically say we've sent the CCA and ignore anything else about it.

              I had previously been on token payments for years, but eventually stopped those after not getting a CCA from them.

              They've been a bit tricky at times though (to be expected, I know), and despite me writing from other addresses (like a PO Box, which they had all the details of) Lowell said Barclaycard sent a CCA to a specific address (one I have moved out of a couple of years earlier) instead. So I am not sure if they actually have, then, sent a proper CCA at some point, as I never got it and only ever got a sheet of terms, although I doubt it.
              Last edited by tryingto; 22 June 2013, 12:39.

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              • #8
                Re: Barclaycard - Bryan Carter

                In that case it might be an idea to send a new CCA Request, particularly as Nobrain Carter is now involved. It could save a lot of letter tennis and stop him shooting off a spurious claim.

                Who actually owns the account now? (Who does Carter refer to as their client?)

                Elsa x
                Last edited by Undercover Elsa; 22 June 2013, 13:43.

                Comment

                • #9
                  Re: Barclaycard - Bryan Carter

                  Thanks Elsa. The last I heard Lowell owned it, I told them it was in dispute and they just said Barclaycard had said they had sent a CCA. But, when Barclaycard sent me a blank sheet of terms prior to the account being sold, Barclaycard themselves just kept saying it met their obligations, so I think that is all that has ever been sent.

                  Would you recommend a new CCA, since I already requested one in 2008 and have kept telling them it is in dispute? Or telling the solicitor it is in dispute since it has never been produced?

                  The letter mentions Lowell, but then says something about paying Fredericksons (no idea why).

                  Thanks again.

                  Comment

                  • #10
                    Re: Barclaycard - Bryan Carter

                    Freds and carters are all part of the same machine and easily off your back with a few letters just follow the good advice given here you are in good hands.

                    Comment

                    • #11
                      Re: Barclaycard - Bryan Carter

                      Originally posted by tryingto View Post
                      Thanks Elsa. The last I heard Lowell owned it, I told them it was in dispute and they just said Barclaycard had said they had sent a CCA. But, when Barclaycard sent me a blank sheet of terms prior to the account being sold, Barclaycard themselves just kept saying it met their obligations, so I think that is all that has ever been sent.

                      Would you recommend a new CCA, since I already requested one in 2008 and have kept telling them it is in dispute? Or telling the solicitor it is in dispute since it has never been produced?

                      The letter mentions Lowell, but then says something about paying Fredericksons.
                      You can trust what Elsa says. Lowell sometimes issue statutory demands to frighten debtors but it's hard work to get them withdrawn or set aside so it's best to avoid this.

                      There's no harm in sending a fresh s.78 CCA request to stop Bryan Carter in their tracks. While a s.78 request is outstanding the creditor cannot get a judgment in the county court.

                      Comment

                      • #12
                        Re: Barclaycard - Bryan Carter

                        Apparently Fredricksons and Lowell are part of the same group now. It could be that Carter has sent a template with the wrong DCA name incorporated.

                        Comment

                        • #13
                          Re: Barclaycard - Bryan Carter

                          Ok, great, thanks very much all. So, send a new CCA directly to Carter, do I mention I have previously sent one/it is in dispute in the letter, or just not mention this at all and send a standard template letter as if it is a new one?

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                          • #14
                            Re: Barclaycard - Bryan Carter

                            Originally posted by tryingto View Post
                            Ok, great, thanks very much all. So, send a new CCA directly to Carter, do I mention I have previously sent one/it is in dispute in the letter, or just not mention this at all and send a standard template letter as if it is a new one?
                            send a new one....

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                            • #15
                              Re: Barclaycard - Bryan Carter

                              Originally posted by tryingto View Post
                              So, send a new CCA directly to Carter, do I mention I have previously sent one/it is in dispute in the letter, or just not mention this at all and send a standard template letter as if it is a new one?
                              Send the standard template letter and sign it digitally. Who cares what happened in 2008 the current owner of the debt has to comply with your new request

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