Bryan Carter LLP / Lowell Portfolio

PauloLP

Evening All,

I have been in an exchange of correspondence with the post title named party in regards to an old debt from a Capital One Credit Card taken out in c. 2002. Cutting a long story very short, I made payments on this until c. Feb 2010 so am aware this is not statute barred.

This, due to the timescales involved, does not appear on any of my credit reports across any of the main agencies. I responded via template letter upon first receipt of correspondence with what I believed to be the grounds of statute barred and have subsequently requested a CCA request on the basis of having been informed this debt is not statute barred.

I have now received a document purported to be my CCA from Bryan Carter LLP which shows a signature which I do not dispute is mine however, I would wish to request the help from someone more knowledgeable than I as to the enforceability of this document as it does not cite interest rates and or any of the other prescribed information my reading leads be to believe was required at the time.

Any and all insight greatly appreciated!! :beer:

sourcrates

Hi,
I am assuming you have received a reconstituted copy of your agreement here, that is really all they are required to send for the purposes of complying with your sec 78 request, however, it may be a different story, if they were to rely on such a document in any future court case.

They can use information they may hold on you, from various sources, to cobble together an agreement, however, they can't make up information, where these "copies" usually fall down, are on things like interest rates, default charges set at the wrong level, and other such terms and conditions that are missing.

Your best bet is to post a copy of it on legal beagles, and ask for opinions there, they are much more in tune with the legalities of such things.
Obviously remove personal information first.

PauloLP

Thank you SourCrates much appreciated.

PauloLP

All I have received is my application form requiring a signature!

fermi

Follow up: http://www.legalbeagles.info/forums/showthread.php?65356-Bryan-Carter-LLP-Lowell-Portfolio

harveybobbles

All looks like standard threat o grams to me.

sourcrates

How on earth can they even start to think that would be anywhere near sufficient to comply with a CCA request ?