Bryan Carter Lowell (not de ja vu)

juanlanesra

If needed I'm sure I could pull the money together through friends and family.

So it seems as this is their final surge to getting me to crumble.

I actually think they'd have good documented evidence to support there was a relationship between myself and the creditor (which is true in any case). It's the dispute that is the grey area and Im not sure which side of the fence the courts usually fall on.

I hate these companies, had a gut wrenching fear all day and I genuinely dont believe im in the wrong or am liable to pay this money. I just know my luck in these circumstances.

happy_bunny_2

If it does go to court, you get the chance to put across your side of the story with the facts as a defence.

It's a tricky one really...might be worth waiting it out and see what the prove it letter brings. At least if you can pay it if ruled against, it will stop your credit file getting trashed.

poppy88

I also had a letter from Bryan Carter with the wrong date on it, i.e. received on the 10th of February but dated January 31st. I am looking into a complaint to the Solicitors Regulation Authority (edit: I'm now not sure if this the right body, will try and find out).

juanlanesra

Update:

BC have responded confirming debt relates to original telco supplier and account number with them. Pretty much word for word below.

It was assigned to Lowell "and you would have received notice of assignment at the time of assignment" - isnt that a bit presumptive of the solicitor!?

the original creditors policy is to provide agreements to its customers at the point of contract and statements throughout... therefore youve already been provided with validation of the debt...

Our client, who we're acting on behalf of believes this debt is lawful. We're acting in good faith and have been lawful and will defend any claims of harassment.

Send your payment proposals by 13th March or collection activity will resume.

----

What should be my next play?

happy_bunny_2

Collection activity resuming doesn't mean court activity necessarily. But it may do.

You can either not pay and risk court for the next few months or agree a repayment plan.

No easy answer here.

TheUnderDog

I would be inclined to send them a CCA request. They then have to provide a COA and SOA for the account in question. If they cant provide this two things happen,

They can no longer pursue collection activity until they can provide it.

They also cant take you to court as without a COA the court would throw it out.

Im sure this site has a template letter.

happy_bunny_2

TheUnderDog wrote: »

I would be inclined to send them a CCA request. They then have to provide a COA and SOA for the account in question. If they cant provide this two things happen,

They can no longer pursue collection activity until they can provide it.

They also cant take you to court as without a COA the court would throw it out.

Im sure this site has a template letter.

COA?

CCA doesn't apply to telecoms contracts as far as I know.

matttye

Why do you believe you don't owe the money?

fatbelly

I believe the OP had a dispute with original telecom provider. They weren't too bothered about resolving the dispute and just sold the account to Lowell. The OP ignored all correspondence and nearly 6 years later here we are.

The OP has sent a prove-it and got the response above.

Any written communication other than a straight denial is likely to count as acknowledgement. And a straight denial would probably result in an immediate court claim.

The best I can come up with is to leave the ball in their court and see what they do after 13 March. If that is a court claim then chuck everything about the dispute into the defence.

Once it gets to May time then OP could try a statute barred defence.

juanlanesra

@matttye - was exactly as fatbelly called it.

@fatbelly - if they push it to court prior to the statute barred defence coming into play would this then become null and void. Although presumably it comes off my credit file regardless

I'm inclined to go with what you suggested yet the waiting and radio silence will be unnerving. At this stage I'm wondering whether seeing how heavily reduced their offer might be (although still unjust) just to avoid the gamble of going to court as I'd be relying on the telcomms provided to substantiate my defence.

If they were to say £100 and you'll never hear from us again, your report will read part-settled and then will drop off in two months. I'd suffer that.