Unusual Situation with Lowell/Bryan Carter

inthemists

Hi,


So my situation is this.


I changed my name by deed poll in 2007 for family reasons. Everybody I had dealings with was advised and I wasn't trying to hide or anything. I have a debt outstanding from before that which has been chased by Lowell. I foolishly tried dealing with them in 2009 and did make a couple of payments (yes, I know that was stupid but they made me panic). They've now passed it on to Bryan Carter and I just got a letter saying they will issue a claim against me in county court in 14 days time if I don't pay the whole amount off.


Here's where it gets unusual.


The whole time Lowell have been chasing me they have addressed their letters to <MY OLD FIRST NAME> <RANDOM KEYBOARD SMASH OF LETTERS> rather than my complete old name or my new name. I have no idea why. Last week my bank ran a credit check on me (not for anything bad, just because I received a US $ cheque they were a bit uncertain about paying up front) and nothing came up in that check. The letter from Bryan Carter this week is addressed to this random clearly-not-a-surname name too.


My gut feeling is that because I made payments in 2009 I am still liable for this but I should force them to prove it. I *think* I should send a prove it letter to Lowell with a signature rather than a printed name and let them try to connect the dots since I doubt they can and I doubt they have the paperwork for the original debt - otherwise surely they'd have my correct old name on file and/or have traced that to my new name.


Does this sound like the right course of action? Should I send the letter to both Lowell and Bryan Carter or just Lowell?

cynicalmofo

The debt is owned by Bryan Carter and they're the ones who want the money. Lowell are no longer involved.

I would send a prove it letter to Bryan Carter however, if you know you owe the debt, surely you know you're liable for the debt and therefore should pay the debt?

Lensman_2

Yes, CCA Bryan Carter since they are the ones claiming the money.

It is unlikely Bryan Carter own the debt though.

And, since they are threatening court, there is absolutely nothing morally wrong with checking their legal entitlement to claim the money. Which starts with the CCA.

It is quite possible that they will actually issue a claim. For that reason I would get a SAR (Subject Access Request) off to the original creditor ASAP. It will cost you £10 but may yield good information if you find yourself defending a claim from BC.

rizla_king

Bryan Carter act a lot for Lowells. So unless you have been told otherwise then they are still the creditor.

happy_bunny_2

Does it say 'will' or 'may' issue a claim. Big difference.

Should not be ignored though as from a solicitor.

Good advice posted previously.

HB