Bryan Carter Lowell County Court Form

Vicxie

I received a letter in the post today that has stopped all my organs from functioning.

CCJ Claim form from Bryan Carter on behave of Lowell. While i was on the phone this morning, i did receive another incoming call, answered it but it was an automated call from Bryan Carter and seeing as i didnt know who that was, i just ended the call. Now, i have spent over 4hrs on forums, reading up on similar cases but i never read any end results and this has me very very scared.

Information on Letter

"This claim is for 900+ The amount due under an agreement between the original creditor and the defendant to provide finance and / or services ad / or goods. This debt was assigned to / purchased by lowell portfolio l ltd on 05/04/2010 and notice served pursuant to the law of property act 1925. Particulars Re: Shop Direct. The claimant also claims interest pursuant to s69 county court act 1984 from 05/04/2010 to date at 8% per annum amounting to 280+. Total amount being claimed is £1400+"


I did the following

1. Registered with a credit agency to check my file and i see Lowell has recorded a default on my account and dates back to 2010 but nothing from shop direct. Says account was opened on 30.11.2007 and defaulted on 29.03.2010.

2. I have not opened an account with any of shop directs siblings.

3. I rarely open letters as its either junk or from my bank. If it doesnt look like its from my bank or that i clearly know who it is from e.g. british gas, probably just ends up in the bin after awhile. Only reason i opened this one was because i saw "Defendant" above my name in the letter's window. Therefore, i cannot say with 100% certainity whether this is the first time this person has sent me a letter.

I know i can send a CPR 31.14 request but i am seriously considering getting a solicitor because this is the first time anything like this has ever happened to me and i feel like i might have an heart attack before insomnia kills me.

I NEED SOME SERIOUS HELP, PLEASE.

Vicxie

I decided not to ignore any of my letters and open the rest of what the postman handed me today. Lo and Behold, a letter from Bryan dated the same day the County Form was sent to me.

It says

" As you have failed to make repayments on the above account, we have now issued litigation proceedings in the county court. You will receive the claim form in the next 48 hours direct from the court."

rizla_king

http://www.legalbeagles.info/forums/showthread.php?45036-Bryan-Carter-Lowell-County-Court-Form

Vicxie

I decided to post on 2 forums for help. Not aware there is anything against that

dancingfairy

I assume you are saying this is not you debt/you know nothing about it?
I would send the prove it letter to Bryan Carter. You obviously also need to get a defence in to the court as well that you don't know anything about the debt. There should be an option to defend the claim on the form?
df

dancingfairy

the prove it letter is here: https://forums.moneysavingexpert.com/discussion/2607247
I assume that it is a fishing expedition/identity fraud?
df

spacey2012

Bryan carter can not send you a county court claim form.
It has to be sent from the County court.
Slow down, stop panicking and have a better look.
Debt collecters do send fake court claims.

Where is it from ?
Is it stamped
Does it give you details where you can log in the Money Claim online via money claim online website, not a link they have sent you.

Real court papers will come from Northampton bulk handling centre or your local county court, not from the debt collectors.

spacey2012

PS can you start keeping a diary with dates and times of any effect this has on you, feeling ill, can not sleep, worry, anxiety, if it is a fake and they are trying it on, then they need suing for harassment and tort to persons for personal injury for stress.

rizla_king

Vicxie wrote: »

I decided to post on 2 forums for help. Not aware there is anything against that

Sorry. There isn't.

Just linking the thread so people could read all the advice and discussion.

Vicxie

dancingfairy wrote: »

the prove it letter is here:
I assume that it is a fishing expedition/identity fraud?
df

Would requesting this be sufficient enough seeing as they have already started court proceedings against me?

Vicxie

spacey2012 wrote: »

Bryan carter can not send you a county court claim form.
It has to be sent from the County court.
Slow down, stop panicking and have a better look.
Debt collecters do send fake court claims.

Where is it from ?
Is it stamped
Does it give you details where you can log in the Money Claim online via money claim online website, not a link they have sent you.

Real court papers will come from Northampton bulk handling centre or your local county court, not from the debt collectors.

Sorry if i confused you. I myself have been floating in a confused state all morning. Seems to be legit, it does have the county address and stamp says "Northampton County Court", there's a link and a password included. Although, i have not gone on the website just yet.