Bryan Carter and Co Solicitors Debt – Do You Have to Pay?

Are you worried about a letter from Bryan Carter and Co Solicitors about a debt? Don’t fret; you’ve come to the right place. Each month, over 170,000 people seek our guidance on debt matters, so you’re not alone.

In this easy-to-understand article, we will cover:

• How to check if the debt is really yours. If not, you don’t need to pay!
• How to deal with Bryan Carter and Co Solicitors. You may be able to appeal or even not respond.
• Ways to stop Bryan Carter and Co from chasing you too much.
• Options to set up payment plans or even clear your debt.

Many of us have been chased by debt collectors, including Bryan Carter and Co Solicitors. We understand how scary it can be. Let us help you learn more about how to deal with Bryan Carter and Co Solicitors and take control of your debt.

What to do?

Handling Bryan Carter debt letters can be intimidating, so here is a quick guide on what to do.

The first thing that you need to do after you get a letter from Bryan Carter and Co. is to verify that the debt is yours.

You can do this by requesting proof that you are liable. You can use my free ‘prove it’ letter template if you need to.

You have no obligation to pay for a debt that can’t e proven to be yours.

The next thing that you need to do is check the enforcement status of the debt because it may have become statute-barred.

If it has been 6 years – or 5 years in Scotland – since you last paid towards your unsecured debts and you have not written to your creditor about your debt during this time, it is statute-barred.

This means that the debt is not enforceable. It still technically exists, and you still technically owe the money, but there is no legal way for you to be forced to pay or for the debt to be enforced.

Keep in mind that not all debts become statute-barred!

Any HMRC debts, for example, will stay enforceable for decades. Any debt that had a County Court Judgement (CCJ) attached to it during the 5 or 6-year window it will be enforceable for the duration of the CCJ. 

If your debt is statute-barred, you can use my free letter template to write to Bryan Carter and Co. and explain the situation.

If you are unsure about the status of your debt, you can contact a debt charity for some advice. Their advisors will be able to look at the debt in question, determine its status, and advise you on your next steps.

» TAKE ACTION NOW: Fill out the short debt form

Can I get a debt solution?

If you are struggling to pay your unsecured debts or are being chased by Bryan Carter and Co., you may benefit from a debt solution.

There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you.

I have linked a few charities that offer these advisory services for free below.

Debt Management Plan (DMP)

A DMP is an informal debt solution that lets you pay off your debts via a single monthly payment.

Because it is informal, it is not legally binding so you are not tied into a DMP for a minimum number of payments.

Individual Voluntary Arrangement (IVA)

An IVA is a formal agreement between you and your creditors. You agree to pay a monthly sum that is distributed amongst your debts, and your creditors agree not to contact you during your IVA.

IVAs typically last for 5 or 6 years, and any outstanding debt is wiped off when it ends.

Keep in mind that IVAs are not suitable for everyone. You need to owe several thousand pounds to more than one creditor to be eligible. You also need to demonstrate that you have some disposable income every month.

Trust Deed

IVAs are not available in Scotland. Instead, you will need to opt for a Trust Deed.

Trust Deeds work in the same way as an IVA – you pay an agreed sum each month that is shared amongst your creditors, they can’t contact you, and any leftover debt at the end of your Trust Deed term is written off.

Debt Relief Order (DRO)

A DRO is a good option for those facing financial hardship with no assets and little income.

For 12 months, you make no payments, but your creditors freeze your interest and don’t contact you.

If your finances haven’t improved during this year, you may be able to write off your unsecured debts.

Bankruptcy

If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.

Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.

Sequestration

Sequestration is the Scottish version of bankruptcy.

If you have little income and no valuable assets, you may be able to apply for a minimal asset process bankruptcy (MAP). A MAP is a quicker, cheaper, and more straightforward version of sequestration, so worth considering.

Will debt collectors affect my credit score?

Yes, debt collectors can affect your credit score. Debt collection and credit history with negative marks generally bring down your credit score.

Once you have missed a few payments or defaulted on an account with your original creditor – which negatively impacts your credit score too – and your debt is sold to collectors, it will appear as a second collection account on your credit file and the original entry may be marked as ‘sold’ which doesn’t look good!

 If they don’t add a second entry to your credit file, the entry for your original debt can be changed to add the debt collection company’s information. 

These collection accounts will negatively impact your credit. They are visible for 6 years and will impact your ability to get credit or use some credit products during this time.

This is because companies use your credit file to see if you are a ‘high-risk’ customer – someone who might have difficulty paying their bills on time. If you have a CCJ, you have had such trouble paying back your debt that someone had to go to court about it.

Understandably, companies are going to be reluctant to give you credit!

After 6 years, it is no longer visible on your credit report and you should find it easier to get credit again.

You also need to be aware that any debt solutions that you use will also be visible on your credit file for 6 years, and your credit score may be affected. However, once these 6 years are over, your debt solution will no longer be visible, and you may find it easier to get credit again.

How do I complain about Bryan Carter and Co.?

If you think that Bryan Carter and Co. – or now Lowell Solicitors – has been unreasonable or behaved inappropriately, you can make a complaint. You can also make a complaint if you feel that they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to Lowell Solicitors so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate and, if your complaint is upheld, Lowell Solicitors may be fined. You could even be owed compensation.

Bryan Carter and Co Solicitors Debt Contact Details

Because Bryan Carter and Co Solicitors are now part of Lowell Solicitors, you need to contact them.

References

CONC 7.3 Treatment of customers in default or arrears (including repossessions): lenders, owners and debt collectors

CONC 7.9 Contact with customers