Bryan Carter/Lowell Threatening Court Action

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Yep, send the letter to Lowell and a copy to BC.....

Lowell Group
Enterprise House
1 Apex View
LEEDS
West Yorkshire
LS11 9BH

Bryan Carter Solicitors
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP

You're too good... thanks!

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Have a look here Sloth -- > User Guide - Sign Digitally

Nice! Thank you.

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Don't worry about 2009 whatever. Let's worry about now & moving forwards. Be very worried about them getting your signature as it could mean the difference between paying (enforceable) & not having to pay (unenforceable)

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Don't worry about 2009 whatever. Let's worry about now & moving forwards. Be very worried about them getting your signature as it could mean the difference between paying (enforceable) & not having to pay (unenforceable)

Hmm... I am worried that they may already have it...

But message received... they'll definitely not get it from this point onwards...

Lets see what the 'prove it' letter brings!

I'll report back when I have more news, thanks again

Sloth.

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

They had it. They may not have now

Try & relax now. See what happens

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

HI all,

Small update... 'Prove it' letter sent to Lowell's and a copy to BC.

Lets see what happens!

Sloth.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Hi All,

I today received a response to the 'prove it letter' from Bryan Carter... it reads as follows:

Thank you for your recent letter.

We confirm that this debt is relates to an outstanding #### Credit Card, account number #####.
The account was assigned to our client on Date 2008, and you would have received notice of assignment at the time of assignment.

We can confirm we have been instructed by our client to act as an agent in relation to the collection of
the outstanding balance which they believe is lawfully due from you.

It is the policy of the original creditor to provide it's customers with agreements at the point of contract and statements throughout
the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to
your own records for the same. If you required further copies of such documentation you may request the same from our client at the address below:

In light of the above it is our client's position that the outstanding balance remains correct and payable.

We should be grateful if you would contact us before 5 March 2014 with confirmation of your position or alternatively with payment proposals.
Please note should we not hear from you by this date collection activity may resume.

Bryan Carter.

So what now? As far as I'm concerned I've already requested documentary proof from Lowell's with the 'Prove it' letter?!?

This letter doesn't prove anything does it? I'm confused... What is my next step?

Thanks again...

Sloth.

[PlanB]

Re: Bryan Carter/Lowell Threatening Court Action

Wait to see what others say but now that Bryan Carter has identified the account they're chasing (OC and account number) I think it would make sense to send them a section 78 CCA request.

That previous letter from BC seemed a bit like a LBA (albeit it an inadequate one) giving you 10 days to deal with it or they may issues legal proceedings. BC have been issuing a lot of speculative court summons recently so maybe best to take them seriously. I doubt they'll do that with an outstanding CCA request

I note that this new letter only refers to one debt, was there no mention of the other two debts they are chasing?

I started receiving letters and threatening phone calls from Lowell regarding 3 separate credit card/bank account debts totalling about £6K, at this time I was unemployed and skint!

. . . . . today I received the standard letter from Bryan Carter threatening court action and CCJ's in the next 10 days if payment wasn't made of £2500 (which is just one of the 3 debts I presume) .

[PlanB]

Re: Bryan Carter/Lowell Threatening Court Action

It is the policy of the original creditor to provide it's customers with agreements at the point of contract and statements throughout
the duration of the account; consequently, you have previously been provided with validation of the debt and you are referred to
your own records for the same. If you required further copies of such documentation you may request the same from our client at the address below:

. . . We should be grateful if you would contact us before 5 March 2014 with confirmation of your position

I've re-read that letter and I can see it's an invitation to send a CCA request to their client (i.e. Lowells) and Bryan has helpfully given you the contact address for them. So If it was me I'd do that and send a copy of it to BC by 5th March which is the deadline they've set for your response.

[Harry61]

Re: Bryan Carter/Lowell Threatening Court Action

I've re-read that letter and I can see it's an invitation to send a CCA request to their client (i.e. Lowells) and Bryan has helpfully given you the contact address for them. So If it was me I'd do that and send a copy of it to BC by 5th March which is the deadline they've set for your response.

This would seem like a good idea to me too Welcome to AAD, lots of good people here with lots of help to offer.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Wait to see what others say but now that Bryan Carter has identified the account they're chasing (OC and account number) I think it would make sense to send them a section 78 CCA request.

That previous letter from BC seemed a bit like a LBA (albeit it an inadequate one) giving you 10 days to deal with it or they may issues legal proceedings. BC have been issuing a lot of speculative court summons recently so maybe best to take them seriously. I doubt they'll do that with an outstanding CCA request

I note that this new letter only refers to one debt, was there no mention of the other two debts they are chasing?

Yes, BC have only chased me for this one debt, there's never been mention of the other two... maybe they're seeing how this one goes before springing the other two on me?!?

OK, I'll send the CCA request letter of ASAP...

That actual request goes to Lowell's along with a PO for £1 made out to Lowell Financial Limited is this correct?

I also send BC a copy of said CCA request?

Do I send both via registered mail (sign for) or Special Delivery??

Thanks for the guidance

Much appreciated!

Sloth.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

This would seem like a good idea to me too Welcome to AAD, lots of good people here with lots of help to offer.

That's great thank you... and thanks for the welcome... what a great bunch you are

Sloth.

[PlanB]

Re: Bryan Carter/Lowell Threatening Court Action

I'll send the CCA request letter of ASAP...

That actual request goes to Lowell's along with a PO for £1 made out to Lowell Financial Limited is this correct?

I also send BC a copy of said CCA request?

Do I send both via registered mail (sign for) or Special Delivery?

I never put the name of the payee on the Postal Order - I leave it blank. My logic is that if I make it payable to the creditor they could use that as an excuse to credit it to my debt account to frustrate the SB clock. I know AAD's CCA request letter specifically tells them they can't use the money for anything else, but I like to be extra careful.

Send both by Recorded Delivery if you can afford it. If not then make sure the letter to Lowells which is the CCA request + £1 postal order is sent by Recorded Delivery and get proof of posting from the post office for the one to Bryan Carter which is a copy of the CCA request. Maybe that one should have a cover letter which simply says "please see copy of my section 78 CCA request letter sent to your client today".

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

I never put the name of the payee on the Postal Order - I leave it blank. My logic is that if I make it payable to the creditor they could use that as an excuse to credit it to my debt account to frustrate the SB clock. I know AAD's CCA request letter specifically tells them they can't use the money for anything else, but I like to be extra careful.

Send both by Recorded Delivery if you can afford it. If not then make sure the letter to Lowells which is the CCA request + £1 postal order is sent by Recorded Delivery and get proof of posting from the post office for the one to Bryan Carter which is a copy of the CCA request. Maybe that one should have a cover letter which simply says "please see copy of my section 78 CCA request letter sent to your client today".

Thanks for the clarity Plan B.

I'll get that sorted ASAP.

[PlanB]

Re: Bryan Carter/Lowell Threatening Court Action

Incidentally, do you now recognise the debt BC are chasing on behalf of Lowells?

If so who was the original creditor and when do you think you opened the account? This will help us to decide whether the documents they send back (if any) are "honest and accurate".