Bryan carter solictors

[psycho]

firstly hi every one

today i recived a letter of claim from bryan carter solictors for a old mobile phone bill with o2.
i was going to send a cca request but then i read that this dosnt apply to mobile phone contracts .
is there any thing i can do.

i ve just checked on noodle and the date of default is 16/01/2011
i would ring them and pay it or offer installments but were are really skint and any more bills will tip our finances over the limit.
im really worried .
any help at all would be greatly apreicated.

many thanks in advance

[FlamingParrot]

Re: Bryan carter solictors

Hi and welcome

firstly hi every one

today i recived a letter of claim from bryan carter solictors for a old mobile phone bill with o2.
i was going to send a cca request but then i read that this dosnt apply to mobile phone contracts .
is there any thing i can do.

You are right to say the CCA request does not apply to mobile contracts because they are not credit agreements, however, you should still respond to his letter of claim as below. This letter has previously made Carter go away when chasing mobile contracts. :bolt:

Brian Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey
KT13 0YP

Your reference: xxxxxx

Dear Sirs

Re: Account number xxxxx

Thank you for your letter dated xx/xxxx/2015, the contents of which have been noted. As you have headed it Letter of Claim, I would like to refer you to paragraph 3 of the Practice Direction Pre-Action Conduct, which states: “before commencing proceedings, the court will expect the parties to have exchanged sufficient information to (a) understand each other’s position; (b) make decisions about how to proceed;”

Paragraph 6 of the PD states “the parties should exchange correspondence and information to comply with the objectives“ and Paragraph 6(c) refers to “the parties disclosing key documents relevant to the issues in dispute.” My request refers to the documents I require to obtain the necessary information to assess my position in this case.

I require copies of the following:

1. The original mobile contract;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements of account.

These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a copy of a document, please identify that document and the reason.

In accordance with the PD, I shall be able to provide you with a full response to your letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours faithfully,

i ve just checked on noodle and the date of default is 16/01/2011
i would ring them and pay it or offer installments but were are really skint and any more bills will tip our finances over the limit.
im really worried .
any help at all would be greatly apreicated.

many thanks in advance

First of all, you shouldn't ring them at all, keep it all in writing.

Any idea how long ago you last made a payment? If the default date is Jan 2011 it's not likely to be SBd, however, Lowell often "update" the original default dates. In any case, you wouldn't want to waste those nearly five years now that the clock has been ticking by acknowledging the debt, which you would be doing if you made them any sort of repayment offer. :eek2:

The letter above puts the ball firmly on their court, you are just asking for the documents they'd rely on in court if they were to issue a claim, and knowing Carter, he WILL issue one if he gets no response.

Knowing Lowell, they won't have any paperwork so with a bit of luck they'll realise they're not going to get default judgment if they issue a claim and may well decide to move on to easier prey. :thumb:

[psycho]

Re: Bryan carter solictors

firstly thank you for your promt response.
ill get that letter sent off to them on monday.
the last payment would have been around jan 2011 as its just after i lost my job which sounds about right.
do i need to sign this letter or just print my name at the bottom of the letter as i certanly dont trust these people.

[FlamingParrot]

Re: Bryan carter solictors

You have just over a year to go before SBd so you'd better avoid making any repayment offers or anything like that which could reset the clock. :scared:

Signature lifting is a bit of an urban myth, however, if you are worried you can use the anti-tamper signature strip: http://legalbeagles.info/library/ant...gnature-strip/ :thumb:

[psycho]

Re: Bryan carter solictors

Thank you i wont be ringing them.
Im going to send the letter and await there response.

[psycho]

Re: Bryan carter solictors

Letter sent today via next day delivery.
The waiting begins.

[nemesis45]

Re: Bryan carter solictors

Letter sent today via next day delivery.
The waiting begins.

Nothing more from Carter?

nem

[psycho]

Re: Bryan carter solictors

No not yet m8

[psycho]

Re: Bryan carter solictors

Still no reply as yet

[nemesis45]

Re: Bryan carter solictors

Still no reply as yet

Typical Carter, leaves everything to the last minute.
You can remind Carter of your request.

nem

[psycho]

Re: Bryan carter solictors

hi guys finaly got a reply from carter today stating.
they are no longer instructed in connection with this matter and have returned this account to there client.

thanks for all your help guys