bryan cater solicitor chasing on a mistake

hbrad

Hi there wondered if anyone could help.

Received a letter today from Bryan carter solicitors threatening to start legal proceedings.

I had recently started receiving letters from Lowell to claim money for a overdraft on a Lloyd's account from 2008. This was down to an ATM area that said I'd withdrawn 100 pounds not the ten I'd had. We argued this with lloyds they said it was a mistake and offered compensation but didn't clear the debt. Since then we have had numerous letters from Lloyd's then one collection agency after the next just reselling the debt we told them all it was a mistake and since 2010 didn't hear anything.

Thought this was fine n that the debt had been cleared until we went to agree our mortgage. It flagged up and we went back to Lloyd's to say its still there.Then Lowell started.

We have had so many letters chasing us for money and again disputed it and said its a mistake. Were told they would see what they would do. Heard nothing for a few weeks. Had no letter with findings just started chasing us for money againand now its passed on to Bryan carter.

The letters still go to my old address not my new one and I'm really unsure what I am meant to do. in the move I've lost all my old paper work which doesn't help either. So I have no proof of Lloyd's findings before either.

Any help here would be great.

Thanks

sourcrates

Write a letter of complaint to Lloyds detailing everything you have told us, head your letter "COMPLAINT" and send it recorded delivery to there complaints address available off there website.
They have 8 weeks to deal with it, although you should have made a formal complaint years ago, any contact from a DCA or there tame solicitor, write to them also saying the account is in dispute with the original creditor and to back off or else.
If you have no joy, give the financial ombudsman service a ring :


http://www.financial-ombudsman.org.uk/


they have a helpline and will write to Lloyds telling them they have a complaint to deal with, if still no joy the ombudsman can get involved formally.

hbrad

Thank you for the reply,
It has been to financial ombudsman to be honest which sorted it until Lloyd's tsb created me overdrawn again the financial ombudsman wouldn't do anything since that,
It has since been defaulted and passed to Lowell
I have had several letters from the I then explained about the mistake and I was waiting for a response back,
Next thing I know I get this letter probably 6 months later.
Lloyd's tsb won't do anything as the debt was passed on years ago,

Should I be sending a request for CCA?
Only issue is that I received the court letter yesterday saying court proceedings to be started the 14th
Which is tomorrow :-\

fatbelly

You can't do a cca request on an overdraft.

I presume the letter you refer to is the one from Bryan Carter.

If you receive a court claim, this will likely come from Northampton Court and you must do something with that within 14+5 days of the issue date.

But Bryan Carter do not start proceedings every time they threaten it so it could still be a bluff.

It's a shame you have lost your paperwork on this. You could try hitting Lloyds with a subject access request and see if you can get the old correspondence from them.

hbrad

Ooh right ok thank you,
What would you do about contacting Bryan Carter as they was expecting correspondence by tomorrow and like I say only received the letter yesterday
Thanks again
How would I go about asking for subject access request? Just a standard letter?

hbrad

Ooh and yes the letter is from Bryan Carter not the court

fatbelly

There's a sample letter here

Court timescales are important but Bryan Carter's are not. They are trying to force you to dance to their tune. Respond when you have the evidence you need.