Tweet
At the beginning of this year, I received a claim form from Bryan Carter acting on behalf of Lowell for a debt to ShopDirect. I had received letters from Lowell and another company called Red and Frederickson all chasing the same debt. I never received a default notice from the original creditor, nor had I received a notice of assignment. I know that I was meant to have these but Lowell has refused to ever supply me with them.
When the claim arrived I immediately responded via the moneyclaim website indicating my position on the claims of Lowell. Mentioning the lack of Default Notice and Notice of Assignment. I had elected to go through arbitration to maybe resolve this but Bryan Carter never attempted it and it was allocated to the fast track for review at my local county court.
Taking advice from some of the other posts on this forum, I hit Lowell with a CPR and CCA request to which I have never had a response. The only downside to this now is that I sent these documents through my work post service, recorded but I was laid off in April and I can't get any proof that I sent them. I also received a letter saying that they'd settle the account for a minimal amount of around £300 which to avoid any further bother I was happy to pay, however when I called this amount no longer was prepared to be accepted and they asked for close to the full amount. In the same call, I queried the lack of a response to my CCA/CPR request including information on the default notice. The lady at Bryan Carter told me that they never respond to them because it's down to the original creditor to provide that documentation before their clients ever take on the debt!
Anyway, I'd hoped to get it resolved in some fashion but the other day I received a Witness Statement from Bryan Carter. I don't know what to do now. The court case is less than 2 weeks. I'm worried sick. Not sleeping.
I was hoping someone could help me with a few things though:
They're now asking the court for over £1107 - I'm so annoyed. I've tried to make offers with them, even offering to pay a full amount they asked for only to be told that was no longer enough. They're a total shower.
It's probably worth mentioning too that I'm still looking for work after being made redundant in April. I've told Lowell/BC this and offered to settle it for the lower amount they wanted in one go just to get them off my back but they're refusing to budge.
Any advice would be greatly appreciated
When the claim arrived I immediately responded via the moneyclaim website indicating my position on the claims of Lowell. Mentioning the lack of Default Notice and Notice of Assignment. I had elected to go through arbitration to maybe resolve this but Bryan Carter never attempted it and it was allocated to the fast track for review at my local county court.
Taking advice from some of the other posts on this forum, I hit Lowell with a CPR and CCA request to which I have never had a response. The only downside to this now is that I sent these documents through my work post service, recorded but I was laid off in April and I can't get any proof that I sent them. I also received a letter saying that they'd settle the account for a minimal amount of around £300 which to avoid any further bother I was happy to pay, however when I called this amount no longer was prepared to be accepted and they asked for close to the full amount. In the same call, I queried the lack of a response to my CCA/CPR request including information on the default notice. The lady at Bryan Carter told me that they never respond to them because it's down to the original creditor to provide that documentation before their clients ever take on the debt!
Anyway, I'd hoped to get it resolved in some fashion but the other day I received a Witness Statement from Bryan Carter. I don't know what to do now. The court case is less than 2 weeks. I'm worried sick. Not sleeping.
I was hoping someone could help me with a few things though:
- Attached to the witness statement is a supposed statement of account, but this appears to be some kind of filled in excel form with my name on it and a value of £754 filled in. This is the first time i've seen such a document. Would this be something they'd send in a CCA/CPR request?
- The witness statement says my account defaulted on the 2nd October - Lowell claim to have purchased this debt on the 4th. That seems a little quick to me. Also, the initial claim form says they purchased the debt on around the 11th. None of their dates make sense. The letter they claim to be the notice of assignment from the original creditor, (which I never received), is dated the 15th.
- Is there a difference between a Default Notice and a Notice of Assignment? I've received neither and find it odd that they have stuck in a supposed copy of the Assignment but not one for the default notice.
- If Lowell own the debt who then are Red and Frederickson in relation to them? What if I'd paid them?
- Since I don't have proof of my CCA and CCR requests, can I stick them in now and ask the court for a delay in proceedings? The first I've heard about them not receiving the CPR/CCA requests is in this witness statement.
They're now asking the court for over £1107 - I'm so annoyed. I've tried to make offers with them, even offering to pay a full amount they asked for only to be told that was no longer enough. They're a total shower.
It's probably worth mentioning too that I'm still looking for work after being made redundant in April. I've told Lowell/BC this and offered to settle it for the lower amount they wanted in one go just to get them off my back but they're refusing to budge.
Any advice would be greatly appreciated
Comment