Help! Lowell Financial and Bryan Carter Solicitors

Ashamedofmydebt

Looking for any help or advice please

I have received a letter out of the blue from Bryan Carter Solicitors acting on behalf Lowell Financial LTD stating they have been instructed to issue court proceeding by Fredrickson international on the 26th June 2014 if full payment for the amount of £2376.71 if full payment of debt is not received by this date

Looking at my credit file it looks like it was from a defaulted lloyds TSB current account defaulted in 2010 when I had already switched to another bank. I don't have the monies to pay them by the date stated. What should I do??

harveybobbles

"Instructed" is the key word here.. They will have been instructed, but probably wont actually bother.

Typical scare tactics.

Send off a CCA request to Uncle Bryan..

Dear Sir or Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.


Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the ConsumerProtection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully

PRINT YOUR NAME, DO NOT SIGN.

rizla_king

A CCA request doesn't apply to a current account or overdraft, so thats not going to do any good.

sourcrates

Hi, a "proveit" letter would be more appropriate in this instance :


https://forums.moneysavingexpert.com/discussion/2607247


this basically askes them to prove you are liable for this debt.


You cant send a CCA request, as a CCA agreement is not applicable to overdraughts/current accounts.

Lensman_2

Good advice from Sourcrates.

Don't let anyone let you think that DCAs never do court (I note Harveybobbles said "probably won't bother"). Bryan Carter do. The CAG legal forum has lots of threads about BC.

The good news is that the prove-it letter gets you off to a good start and should buy you a bit of breathing time.

BC don't seem to ever check the legitimacy of the debts they pursue so it is possible they will not have the paperwork that they need. They also seem to back off if a solid defence is put in for a claim.

If they do have the paperwork (and check here if you get something back) then I would proceed with caution with this litigious company.

BillJones

rizla_king wrote: »

A CCA request doesn't apply to a current account or overdraft, so thats not going to do any good.

Yes, but Harveybobbles is not even vaguely interested in giving people good advice, he just wants to annoy debt collection agencies. As you can see here, he's happy to seriously mis-advise posters to achieve his childish aims in this respect.