Small Claims Track / Bryan Carter

mermaid70

Bryan Carter Solicitors/Lowell Portfolio are chasing my son for an old mobile phone debt. We believe it is statute barred. I have written to them to ask for a copy of the service agreement and details of the last payment but the haven't sent anything and say "Our client's position is that the limitation period runs from the date the original creditor became entitled to demand payment which was 23 December 2011" They won't tell us when the last payment was made or send any evidence of this, service contract etc.

It's now going through the small claims court and we've had the "notice of proposed allocation to the small claims track" paperwork through.

However we keep getting letters from Bryan Carter saying they are willing to settle out of court. I think they are bluffing because they don't actually have the evidence.

Does anyone have any advice please?
Many thanks

fatbelly

Can't really add any more that I wrote on the previous thread

http://forums.moneysavingexpert.com/showthread.php?t=5230474&highlight=

If you need further help. legalbeagles have a dedicated Lowell/BCarter board:

http://www.legalbeagles.info/forums/forumdisplay.php?381-Bryan-Carter-Solicitors

Marktheshark

If as said he was not 18, then defend as :
No Contract under 18 years of age at formulation.
Statute barred : Over Six years has surpassed since last acknowledged or payment.
Request is made for full disclosure of all documents held in relation to the case that may have for purposes or intention either intentionally or unintentionally not disclosed to the court or defendant.

sourcrates

mermaid70 wrote: »

However we keep getting letters from Bryan Carter saying they are willing to settle out of court. I think they are bluffing because they don't actually have the evidence.

Does anyone have any advice please?
Many thanks

As said before, the only evidence needed to prove a phone contact, are copies of airtime bills, there is no formal agreement, if you accept and use the phone, you accept the contract, by default.


The underage argument is a separate issue, which you may, or may not want to pursue.