Bryan Carter/Lowell Threatening Court Action

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Don't worry so long as you keep a copy if the SAR request you'll be fine. I usually write SAR only on the reverse of the cheque and scan both sides and keep with my SAR (I email to myself) so if that happened I can prove they did wrong.

But it don't worry after 6yrs we can argue that point easily enough. Just so you know ONLY the debtor themselves can affect SB. You must knowledge or pay funds into the debt. Only you.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Hi,

UPDATE...

I've received a letter from Brian Carter today complete with copy of the original Capital One credit agreement... which looks legitimate.

The original agreement is date ##-##-2004

Where do I go from here?

Sloth

[MrsD]

Re: Bryan Carter/Lowell Threatening Court Action

I would get it emailed off to Niddy on webmaster@all-about-debt.co.uk don't blank anything out as he needs to see it intact.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

I would get it emailed off to Niddy on webmaster@all-about-debt.co.uk don't blank anything out as he needs to see it intact.

Thanks Mrs D,

There are 14 pages in all, do I need to email them all or just the page with the signature??

Thanks again,

Sloth

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

All

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Hi N.I D,

Ok but I've no scanner... I could try taking a photo of each page with my phone and emailing those?!?

The signed page is already barely legible now though... the pages behind it look ok though.... these appear to be basically a copy of the credit agreement act!?!

Will this suffice do you think?

Sorry to be such a pain...

Sloth

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

.... I could always post a copy via royal mail...

[SXGuy]

Re: Bryan Carter/Lowell Threatening Court Action

If you have no scanner, try and take a good picture with your phone, and send that, if Niddy cant see clearly enough he will let you know. If you have a library near you, they usually allow scanner or fax use for a few pennies per page.

[Never-In-Doubt]

Re: Bryan Carter/Lowell Threatening Court Action

Fax: 08446600579

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Thanks all,

We have a scanner/copier at work so I'll try and get access to that on Friday,

Really appreciate all the help!

Sloth

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Good afternoon all,

I have today managed to scan the credit agreement and email it as recommended above for Niddy to give it the once over.

Thanks again for the guidance!

Sloth.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

Hi,

Unfortunately it would appear that the credit agreement is legitimate/enforceable although it dates back from 2004.

Due to me stupidly making minimal payments to Lowell's 3 or 4 years ago.

What would be my next move?

Any further help would be greatly appreciated.

Sloth.

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

.... to cut a long story short I'm finally moving in the right direction for the first time in 6-7 years and am in the process of trying to sort a mortgage out and get back
onto the housing ladder once more.

I just need to buy myself a Month or two to get things sorted before I can then look at trying to pay the debt back, if that's what I need to do...

How can I do this?

I currently have a clean credit history but am really worried now that BC/Lowell's are going to start issuing CCJ etc and ultimately ruin this opportunity to finally sort myself out.

I'd really appreciate some advice on my next move.

Any delaying tactics/letters I can use to make this possible?

Sloth

[SXGuy]

Re: Bryan Carter/Lowell Threatening Court Action

Are you looking to settle the debt in full within a few months or offer repayments?

If I read right, this debt has already dropped off your credit file correct? So whichever you decided to do, isn't going to change anything there.

Its the thought of a CCJ that scares you I presume?

Firstly. If Lowell agree to a repayment amount, you may well avoid them applying for a CCJ.

If they did apply for a CCJ and proceeded to obtain one, you still have 28 days from judgement to pay in full to reverse the judgement and avoid a CCJ.

Lastly there is also a chance should they file for a CCJ, Andrew could negotiate a tomlin order instead.

Is any of this something you would be in a position to do?

[sloth]

Re: Bryan Carter/Lowell Threatening Court Action

I really can't settle the debt in full as yet because I need every penny I have at the moment to try and get this mortgage and get back on the property ladder.

It's something I'd consider (if I have to?!?) if/when I get this house/mortgage sorted.

Yes the original debt has indeed dropped of my credit file.

It is the CCJ that scares me and anything else they can do to prevent my mortgage application....

BC threatened me with a CCJ on Lowells behalf a few months ago, I have since gone down the CCA route. After issuing BC with the CCA request, they sent me a letter stating my account was on hold. Approximately 6 weeks later they sent me the original Credit Agreement... which appears legitimate.

They haven't threatened me with a CCJ again as yet but are awaiting payment after they issued me with the credit agreement from 2004.

My sole focus at the moment is to get this mortgage sorted, I'll do anything to make that happen, although I can't pay the debt off before hand as I don't have sufficient funds.

What's a tomlin order?

Thanks for your time!

Sloth.