Bryan Cartewr & Co ''Final Notice'' - Need your advice please

yenool

I have today just received a final notice from bryan carter & co solicitors. The letter states: ''Court proceedings WILL be issued on 22nd of feb 2010 IF payment is not received at our office by that date''


The debt is approx £1100 from a capital one credit card which I ran up 3 years ago. Now being completely honest (and prepared for a bashing), I got in to big mess due to having my own medical issues, a family member very nearly dying and moving house and so I have not paid a penny on this account for 2+ years. In fact I have made no contact with them since moving house 2 years ago and the threat letters I have received have all been filed under 'B' for Bin!

It was originally capital one, passed to Lowell and now BC&C, but this is the first time a letter has used the term 'WILL proceed' instead of 'may, possibly, potentially etc etc', so I am guessing now is the time to stand up and take responsibility, the problem is I don't have 1100 quid and I am currently on IC benefit.

I'm s bit panicked here so any suggestions? Can they send bailiffs in if they get a CCJ or what?

RAS

Did you take this account before or after April 2007?

Have you done a CCA request?

yenool

RAS wrote: »

Did you take this account before or after April 2007?

Have you done a CCA request?

The account was opened in 2007 some time but I could say for sure when as I have chucked most the paperwork away. I mean I thought the amount owed was closer to £800 myself but again I have no way of knowing, infact the only way I know this is a capital one debt is because the refference number on the letter is the same as my old card number and I recognised it!.

I have been doing a really good impression of an ostrich with my head in the sand.

No CCA request has been done......

RAS

In that case get the CCA request out today. At least it will tell you when the card was taken out.

yenool

RAS wrote: »

In that case get the CCA request out today. At least it will tell you when the card was taken out.

ok, will do.... will that stop them from taking me to court until they supply the correct info? (maybe buying me some time to get some money together?)

RAS

yes it will.

And if it is faulty, even better.

Do you have the default letter on this account?

yenool

RAS wrote: »

yes it will.

And if it is faulty, even better.

Do you have the default letter on this account?

No default letter either. I have a letter dated feb 2009 from capital one giving me notice that the debt was sold to Lowell Portfolio Ltd feb 2009 and that any further communications must be made with them.

yenool

Who should I be sending this CCA to? Bryan carter solicitors or their client lowells? bearing in mind I don't have any contact details for lowells anyway?

RAS

OK

The FB o9 letter may be the termination letter. You will have had one shortly before that, which is the default letter - gave you 14 days to pay back in full or they would terminate the account.

That letter is vital. You could halt this with that default letter.