county court bryan carter solicitor /lowell portfolio

[jefstudent]

hi everyone, hope you can help me as you have done with lotis of other members as i have read on this site.

i have just received a ccj claim form from northampton county court on behalf of bryan carter solicitor /lowell portfolio from a capitalone credit card.

long story short, i was laid from work on sept 2007 and within a month i was unable to pay for cc and bank loan and defaulted on it.
never receive any default letter from capital1 but got letters from various different debt collectors.

i owed them round 5k but they have added lots of other costs.

my question is that i am 70% sure that it has been 6 years since i stopped paying. what can i do to stop this ccj please help

thanks

[CleverClogs]

Re: please help got claim form from county court today

It would seem that Bowells and Bwyan "bugger the law" Carter have done it again.

Why, though, are you only 70% sure that it is statute barred by section 5 (link) of the Limitation Act 1980?

[FlamingParrot]

Re: please help got claim form from county court today

As was the case with another poster, they seem to be issuing claims in the nick of time!

SBd is 6 years from the cause of action, not from last payment, because the creditor would have had no cause to take action within the first few days/weeks after the last payment, as they'd have no way of knowing the next payment would be missed.

If the last payments were made in October 2007, then this may just be SBd when they issued the claim. ray: ray:

[Gorang]

Re: please help got claim form from county court today

What is the issue date on the N1 summons from Northampton??

Have you acknowledged the claim on MCOL yet???

[jefstudent]

Re: please help got claim form from county court today

i haven't acknowledge the claim yet as i don't know what to fill in it online. and because christmas newyear , how can get proof from capital1 and lower for sar and cc agreement. is there anyway i can fill in court claim form and ask them for more time due to christmas and new year. the date on claim form issuance is 17 december 2013

thanks

[jefstudent]

Re: please help got claim form from county court today

i am sure if is statue barred because after i was laid out from job in sept 2007 . i was struggling to pay my debts and then i think i didnot have anything to pay after october 2007 but it might be dec or januaray 2007 . its just i was evicted and moved round 10 places so far so not got any paperwork to find out when was i actually stopped payments. can you please help

[jefstudent]

Re: please help got claim form from county court today

i am sure if is statue barred because after i was laid out from job in sept 2007 . i was struggling to pay my debts and then i think i didnot have anything to pay after october 2007 but it might be dec or januaray 2007 . its just i was evicted from my rental house and moved around few different houses, therefore, not got any paperwork to find out when was i actually stopped payments. can you please help

[Gorang]

Re: please help got claim form from county court today

First of all acknowledge the claim here
https://www.moneyclaim.gov.uk/web/mcol/welcome
just register and you will get into the claim with the password that came with the summons

Do that FIRST as this is very important
from the issue date that is on the summons you get a total of 33 days
5 days postage time +14 days to acknowledge then further 14 days to defend or apply for an application

Once you have acknowledged the claim then send a

CPR 31.14 request to the claimants solicitor
CCA request to the claimant complete with £1 postal order for the Stat fee

Also if you know which account it is, they are claiming for, then send a SAR request to the original creditor complete with the stat £10 fee, as this will provide you with vital evidence of when the last payment was made

Claimants have been know to fabricate documents of when the last payment was made hence why SAR to the original creditor can help a lot

send all recorded delivery minimum so you can get proof of postage from the track and trace site, and sign your requests with fancy computer font so no one can copy and paste your signature onto an agreement

CPR 31.14 request

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1.The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The notice of assignment.
3.The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

CCA request

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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 (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

•a copy of their agreement
•copies of some of the other documents mentioned in their agreement
•a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

•make the debtor pay the debt before they're supposed to
•get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

SAR request

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

Although you THINK it is statute barred, you have to be able to show to the court that it is, then it is up to the claimant to PROVE that it is not statute barred

[jefstudent]

Re: please help got claim form from county court today

can you please help me with filling the claim.

1st question. in my situation (where i think its statue barred but not sure )am i acknowledging the full amount or part or its gona be counterclaim against claimant.

[jefstudent]

Re: please help got claim form from county court today

HI ,

Does anyone know that if i send the claim form saying the debts are statue barred and if bryan carter solicitor proved otherwise . will i get the CCJ or judge will still look into my circumstances and give his/her decision.

please advise

thanks

[jefstudent]

Re: please help got claim form from county court today

HI Gordon,

Many many thanks for such valuable advice and these useful documents . My question is that what if i file the defense in the county court claim form saying these debts are statue barred and it comes out that they are not statue barred. what will happen then?

and in terms of sending court summary of my expenses. what will be the best way to put it as I am living with my partner and my child but some bills are paid by me and some are hers and are on her name. how will i be able to prove that where am i spending my money as some bills are on her name but i am paying them. n

waiting for your reply thanks

[Gorang]

Re: please help got claim form from county court today

can you please help me with filling the claim.

1st question. in my situation (where i think its statue barred but not sure )am i acknowledging the full amount or part or its gona be counterclaim against claimant.

ONLY acknowledge the claim (using the link I provide above) that you will be defending the claim in full, you do NOT enter a defence at all at this stage

Just register then use the password that came with the N1 Summons to enter into your claim
then acknowledge that you will defend in full and that's all you need to do at this stage with that

HI ,

Does anyone know that if i send the claim form saying the debts are statue barred and if bryan carter solicitor proved otherwise . will i get the CCJ or judge will still look into my circumstances and give his/her decision.

please advise

thanks

We will find out if the claim is statute barred or not before a CCJ is obtained, and IF we find out that the account is not statute barred then you can change your plee to the claim at anytime

HI Gordon,

Many many thanks for such valuable advice and these useful documents . My question is that what if i file the defense in the county court claim form saying these debts are statue barred and it comes out that they are not statue barred. what will happen then? You can change your plee and offer to pay, and if need be submit a income and expenditure sheet to the court to show what you can afford to pay each month

BUT THIS IS A LONG WAY OFF so please don't worry about this as it can ALL be dealt with easily IF it happens

and in terms of sending court summary of my expenses. what will be the best way to put it as I am living with my partner and my child but some bills are paid by me and some are hers and are on her name. how will i be able to prove that where am i spending my money as some bills are on her name but i am paying them. n

Courts will NOT try to make you pay more than you can afford each month

waiting for your reply thanks

You are getting wayyyy head of your self here

We need to establish if the account is statute barred FIRST, so any CCJ is a long way off

MOST important part FIRST is

acknowledged the claim saying that you will defend in full
then
Have you sent the letters yet that I posted above????

[jefstudent]

Re: please help got claim form from county court today

hi gordon,
thanks for your reply, i have got postal orders for £1 and £10 and will post 1st thing monday. will acknowledge the claim now as said thanks.
i was just confused as is it a defense or admission or partial admission but i gave it a good read.

anyway i will acknowledge the claim tonight and send all three letters 1st thing in the morning.

thanks again

[jefstudent]

Re: please help got claim form from county court today

Hi,

I have acknowledged the claim online on the website with the password provided as well sent all 3 letters to claimants solicitor, claimant and the original creditor with £1 and £10 postal orders respectively.

How shall i go about preparing for the defense now. Can anyone help me with that please.

As well another question I wanted to ask was that I have only 33 days from 17th December as thats when claim was submitted to county court but the SAR takes 40 days from today as all the letters have been received today by all the parties. Now, I will not receive the statements within 33 days. how am i going to explain that in my defense.

I will really appreciate if you can help me with that please.

Thanks

[Gorang]

Re: please help got claim form from county court today

How shall i go about preparing for the defense now. Can anyone help me with that please.

You don't is the short answer, Not at this stage, you need to get responses back for your requests first before you can put a defence together, and if the responses don't come back with a week to 10 days to go, then you ask the the sols if they are willing to agree to a 28 day extension for you submitting a defence

As well another question I wanted to ask was that I have only 33 days from 17th December as thats when claim was submitted to county court but the SAR takes 40 days from today as all the letters have been received today by all the parties. Now, I will not receive the statements within 33 days. how am i going to explain that in my defense.

There is a very good chance that you will need to apply for an extension which will extend the time from 33 days to 61 days

What would be a good idea is phone the court after the new year and confirm the date that you need to submit an application or defence to the court, just to confirm the date