Bryan Carter and Lowells CCJ please help

[Logrox]

Hi everyone

I hope someone can help.
Yesterday I received two letters from these people, one from Bryan Carter telling me that they have taken legal action and I should receive a court document within the next few days and the other letter was the actual court document.
The debt they are saying I owe is for HBOS and upon looking on google I can see its either lloyds TSB or Halifax, both accounts I've not used for a very long time and the Lloyds is certainly over six years old, and I can't even remember if there was any money owed on that account as I wouldn't have had an overdraft. The Halifax was a joint account and that also I'm pretty sure wasn't overdrawn, so have no idea what this debt relates to or even how I've come to owe over £700.

I have followed some of the advice on here and I am writing to them ( electronically) asking for a credit agreement and all the other documents, is this all I need to do ? ( I shall also include a £1 )

Also what do I need to put on the court submission ? As this has come out the blue for me, as I understand it is a time limited action.
If there
Is anyone who could help I would be grateful, thank you so much for your time.

[FlamingParrot]

Re: Bryan Carter and Lowells CCJ please help

Hi everyone

Hi and welcome

I hope someone can help.
Yesterday I received two letters from these people, one from Bryan Carter telling me that they have taken legal action and I should receive a court document within the next few days and the other letter was the actual court document.
The debt they are saying I owe is for HBOS and upon looking on google I can see its either lloyds TSB or Halifax, both accounts I've not used for a very long time and the Lloyds is certainly over six years old, and I can't even remember if there was any money owed on that account as I wouldn't have had an overdraft. The Halifax was a joint account and that also I'm pretty sure wasn't overdrawn, so have no idea what this debt relates to or even how I've come to owe over £700.

Could you take a picture of the particulars of claim and post it up (removing all personal details) or type up the particulars? :typing:

I have followed some of the advice on here and I am writing to them ( electronically) asking for a credit agreement and all the other documents, is this all I need to do ? ( I shall also include a £1 )

If this was for a current account, the CCA request (which is the one where you'd enclose the £1 fee), wouldn't apply,

Also what do I need to put on the court submission ? As this has come out the blue for me, as I understand it is a time limited action.
If there
Is anyone who could help I would be grateful, thank you so much for your time.

You need to acknowledge the claim, which you can do online using the P/W supplied on the claim form. :typing: Tick the box stating your intention to defend the claim in full. :thumb:

You have 14 (+5 allowed for service) days from the date on the claim to acknowledge service, once you do that you get a further 14 days to submit your defence (33 days maximum in total from date on claim form). :clock:

[Logrox]

Re: Bryan Carter and Lowells CCJ please help

Hi

Thank you for your help, it's very much appreciated.
The particulars of claim are as followed.

This claim is form539.58 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

Thisndebt was assigned to / purchased by Lowell portfolio ltd on the 03/07/2013 and notice served pursuant to the law of property act 1925.

Particulars re:HBOS plc
A/C - ********
and the claimant claims 539.58
the claimant also claims interest pursuant to s69 county court act 1984 from 03/07/2013 to date at 8% per annum amounting to 44.72


If this was for a current account, the CCA request (which is the one where you'd enclose the £1 fee), wouldn't apply,


Im guessing it's for a current account as I'm not sure who they are :-(

So I just acknowledge and work on my defence and hopefully I can sort this out


Thank you for your help :-)

[FlamingParrot]

Re: Bryan Carter and Lowells CCJ please help

Thank you for your help, it's very much appreciated.
The particulars of claim are as followed.

This claim is form539.58 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

Thisndebt was assigned to / purchased by Lowell portfolio ltd on the 03/07/2013 and notice served pursuant to the law of property act 1925.

Particulars re:HBOS plc
A/C - ********

I realise you wouldn't want to post the account number on here but how many digits those the account number quoted have? If it's an 8 digit number, it would be a current account. If it's 16 digits, it would be a credit card. :thumb:

Im guessing it's for a current account as I'm not sure who they are :-(

So I just acknowledge and work on my defence and hopefully I can sort this out

Thank you for your help :-)

On your first post you say you have not used the current account(s) in question for more than 6 years, in which case any outstanding amount would be statute barred. :grin: Did you have an loans or credit cards with the Halifax, Bank of Scotland or Lloyds? Or just the current accounts?

Although the CCA request does not apply, you can still send a request under CPR31.14, the one I posted here is for current accounts: http://www.legalbeagles.info/forums/...682#post409682

Send that to Bryan Carter, by recorded delivery. No fee is required. They should respond in 7 days (they never do).

[Logrox]

Re: Bryan Carter and Lowells CCJ please help

Hi
thanks again for a quick response, I really do truly appreciate it.

The account number they have been quoting is in fact 14 digits long, so I'm not sure what that would be :-s

The lloyds account has not been touched for a very long time, over six years for sure, the halifax I'm just trying to see when the last time that account was used and it seemed it was in December 2009 from what my partner tells me, although I've not spoken to Halifax for a very long time, and surely it would be me and my partners name on the document as its a joint account.

I had no loans with either just current accounts as I wouldn't have had an loans or credit cards for sure.

I shall send that letter tomorrow via recorded delivery (( thank you ))

[Logrox]

Re: Bryan Carter and Lowells CCJ please help

Just a quick update

Having spoken to few companies it seems that this debt is from Halifax.

Now whilst I am aware of some discrepancy with the account, the amount owed was far from £714 ( £584 without court costs ) do I still send that letter ? And do I argue the amount owed ?

Thanks again