Bryan Carter Solicitors Letter- Please help

[SLovesMAC]

Hi everybody

I am so frightened. Today I received a letter from BC solicitors. It says they will be issuing court proceedings on 10th December if I do not respond.

The debt is for a smile bank (co op loan) for £3700. The loan was opened 2006.

I have had problems since 2008 as I had to leave my home with my 3 kids because of domestic violence.We were in homeless accommodation and I left the loan, my bank account and a credit card.

I have absolutely no paperwork for this and I have not contacted any debt agency about this even though I have had lots of letters over the years which I ripped up.

I have an old credit report that says default Jan 2009 but I stopped paying way before that date.

Please can anybody advise me what to do? I am very frightened, I don't want a stranger knocking on my door. My credit has improved and I don't want to get a ccj. I rent my home and am on benefits as I have a child with a disability.


I also don't know how to post a letter so people can see it.

Thank you for your help, I really appreciate it.


S

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Hi and welcome to LB!

Brian Carter seem to be on a quest to issue as many claims as they can before Christmas!:santa3: Lots of people on here have received similar letters. The best thing to do is hit them with a CCA request. You'd normally send the CCA request to the creditor and a copy to the solicitors (BC in this case). The CCA request letter is below. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. No need to send the £1 fee with the copy for BC. That should keep them quiet until their clients comply! :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

I also don't know how to post a letter so people can see it.

You may want to take a look here: http://www.legalbeagles.info/forums/...tails-safe!%29

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi FP

Do I send this to Lowell's / Fredrick international and Bryan carter? I don't know the address for lowells, I have ripped up all their letters. The default is now on lowells name on my credit report.

Also do I put my name and address on the letter?

I have a couple of letters that I need an opinion on.
I am trying to work out how to post them.

Sorry for asking so many questions, im just in a bit of a panic.


Thank you

[mystery1]

Re: Bryan Carter Solicitors Letter- Please help

It would appear from what you say that the letter is intended to be a letter before claim/action. This merits a robust response.

Dear Mr Carter,

I received your letter headed xxxxx on xxxx the contents of which are noted. It would appear that this is a letter before action although it is not compliant with the pre action protocols.

The pre action protocols dictate that in a letter before action the claimant should set out the details of the matter in writing and a clear summary of the facts on which the claim is based.

The claimant should also list the essential documents on which the claimant intends to rely and i would like copies of these please, set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this and refer the defendant to the Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction.

If financial loss is claimed, an explanation of how the amount has been calculated.

Please take this response as an acknowledgement of your LBA to which a full response will be provided within 14 days of rectification of the flaws in your letter. I am taking advice from persons with experience in debt matters however that advice is limited until compliance with the above faults is achieved.

Yours etc


Have a read http://www.justice.gov.uk/courts/pro...action_conduct and adapt that to suit your circumstances.

M1

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi, my 9 year old did this as I have no clue. Thanks

so do I send flaming parrots letter or mystery1's.? (Thank you mystery1)

does anyone know Lowell's address to send the cca ?

Sorry for asking so many questions.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi

want to get the cca request off tomorrow, otherwise won't be able to send until Monday. Can anybody answer my questions. Do I put my name and address on the cca request letter and does anybody know Lowell address for correspondence?

Thank you so much.

[mystery1]

Re: Bryan Carter Solicitors Letter- Please help

Hi

want to get the cca request off tomorrow, otherwise won't be able to send until Monday. Can anybody answer my questions. Do I put my name and address on the cca request letter and does anybody know Lowell address for correspondence?

Thank you so much.

Yes.

Registered address will do http://www.lowell.co.uk/contact-us.aspx Lowell Financial Ltd. Registered Office: Enterprise House, 1 Apex View, Leeds LS11 9BH

Don't forget to reply to the bog roll letter before action too.

M1

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Thanks M1

will send your letter and FP's letter tomorrow

thanks again

S

[CleverClogs]

Re: Bryan Carter Solicitors Letter- Please help

Don't forget to reply to the bog roll letter before action too.

Is it just me, or does anyone else believe that letter may contain several untruths?

Those I believe I spotted are:

1. the matter of costs and so on to be added to the claim
2. whether interest would be payable, and
3. how long a judgement would remain on the Register if it were settled within one month.

[FlamingParrot]

Re: Bryan Carter Solicitors Letter- Please help

Hi, my 9 year old did this as I have no clue. Thanks

so do I send flaming parrots letter or mystery1's.? (Thank you mystery1)

Both. The CCA request (the one I posted) goes to Lowell, the letter M1 posted goes to the solicitors (Brian Carter). I'd already suggested sending BC a copy of your CCA request as well.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi FP

both letters gone out today, cca to Lowell with a postal order and M1's letter to BC along with a copy of the cca. Sent the Lowell one recorded but got receipts for everything.

I will update when I hear back.

Thanks

S

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

Hi Again everybody


got the letter below from BC today. This was for a credit card from the co op bank too. Card opened in June 06. Default was recorded Jan 09 but have a credit report from ages ago when co op owned the debt saying I missed/owe payments for months.


I am am worried now. How should I respond to this letter. The same as the other? Lowell's seem to be going after because this debt is quite old now. Why didn't coop take me to court years ago? I don't understand.


Thank you.

[SLovesMAC]

Re: Bryan Carter Solicitors Letter- Please help

I have no statements or any paper from the co op as left my home in December 2008 and have moved to another city since December 2008. I only have this as indication to when I fell into arrears. Also had a current account with smile at the same time.

I only set up a mail redirection sometime after as I was in a mess. i never updated my address with the bank as I was in several refuges and homeless accommodation at the time.

should I send a data request to the co op?

Thanks for reading.

[mystery1]

Re: Bryan Carter Solicitors Letter- Please help

Same again and a subject access request to the cop op as you say.

M1