Help!!bryan carter and northampton county court claim!!!

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Hi,

Really looking for some help, its taken me 8 days to finally pluck up the courage to register and post, kicking myself for taking so long!

Anyway here goes ... i received a letter from northampton county court on 11th fed and a letter from bryan carter solicitors on behalf of lowells financial -stating they have issued litigation proceedings in cc bal 1091.91,dated 12th Feb
Northampton cc form dated 11th Feb- claim for 890 due under agreement between original debtor and creditor..This debt was assigned to/purchased by Lowell Portfolio lts on 18.01.2013 and nocite was served - re- cooperative bank.
and i dont know what to do

Cut a long story short, this is for a credit card i think i took out in 2006, was paying off well, had a good job ect, defaulted in 2008(had some relationship problems that affected my whole life and impacted on everything- terribly!) went onto dmp and was paying my creditors, early 2010, my son died unexpectedly and everything spiralled out f control, i sank into deep depression but still maintained my payments, towards the end of the year, my relationship broke down i just stopped, living, gave up my job, stopped paying debts, my family had to make sure i paid all essential bills or i would have ignored those too

its taken me all these years since then to get to the point i am now and i have moved home 4 times since this debt, i am back at work- although only part time and an at university full time, trying to get some normality back into my life for me and the other two children i have

i dont know what to do about this, i have read numerous threads on this site and when i think i know what to do, i just dont>> i cant bury my head in the sand anymore and have to deal with this, i know i owe the debt but i also know it is mainly made up of charges, i found a payplan debt management form and on looking, the balance was 880 in april 2008 and i made payments till october 2010 and the debt im being chased for is 890

i have tried to get my credit report online and both experian and equifax cannot process- message says i have to contact their offices which i will do tomorrow

i really dont want a ccj on my file but can just about manage to live much less pay off 1k at once, i have no one to lend the money off and wouldnt want to be indebted to any family or friends anyway.

i dont want to have to pay all when i know all made up of charges anyway

i just done know how to approach this and im sure the 14 days to respond is up on the 25th as the court letter is dated 11th feb??? i really hope someone can help coz i just dont know how to deal with ths

sooo sorry for the long post

[FlamingParrot]

Re: Help!!bryan carter and northampton county court claim!!!

Hi and welcome!

Anyway here goes ... i received a letter from northampton county court on 11th fed and a letter from bryan carter solicitors on behalf of lowells financial -stating they have issued litigation proceedings in cc bal 1091.91,dated 12th Feb
Northampton cc form dated 11th Feb-

Bryan Carter really make a mockery of the pre-action conduct, by sending a letter AFTER they have issued proceedings rather than before, as they should be doing! :mad2:

You have to acknowledge the claim within 14 days and you can do so online with the P/W provided. Tick the box stating your intention to defend in full. You have a further 14 days to submit a defence, allowing 5 days for service. I make it the 14th of March.

i have tried to get my credit report online and both experian and equifax cannot process- message says i have to contact their offices which i will do tomorrow

What information do you hope to get from your credit reports?

i really dont want a ccj on my file but can just about manage to live much less pay off 1k at once, i have no one to lend the money off and wouldnt want to be indebted to any family or friends anyway.

Even with a CCJ, you wouldn't have to pay it at once, the vast majority of CCJs are paid in installments, some pay just £1/month. But we're jumping the gun here, since we're still a long way from a CCJ! :nono:

i just done know how to approach this and im sure the 14 days to respond is up on the 25th as the court letter is dated 11th feb??? i really hope someone can help coz i just dont know how to deal with ths

sooo sorry for the long post

See above, you have 14 days + 5 for service, however, there's no reason to wait, just acknowledge it as soon as you can, no need to submit a defence at this stage, just tick the box saying you intend to defend in full. :typing:

[FlamingParrot]

Re: Help!!bryan carter and northampton county court claim!!!

claim for 890 due under agreement between original debtor and creditor..This debt was assigned to/purchased by Lowell Portfolio lts on 18.01.2013 and nocite was served - re- cooperative bank.
and i dont know what to do

Cut a long story short, this is for a credit card i think i took out in 2006, was paying off well, had a good job ect, defaulted in 2008(had some relationship problems that affected my whole life and impacted on everything- terribly!) went onto dmp and was paying my creditors, early 2010, my son died unexpectedly and everything spiralled out f control, i sank into deep depression but still maintained my payments, towards the end of the year, my relationship broke down i just stopped, living, gave up my job, stopped paying debts, my family had to make sure i paid all essential bills or i would have ignored those too

OK, so this is not Statute Barred.

You have to send the following letters, both recorded delivery:

1. A CCA request to Lowell, with a £1 PO to cover the fee. Send Bryan Carter a copy for reference. Lowell have 14 days to respond.
2. A request under CRP31.14 to Bryan Carter. No fee required for this one, and they should respond in 7 days. They never do, so you'll have to chase them when the 7 days have elapsed, but we'll cross that bridge when we come to it.

its taken me all these years since then to get to the point i am now and i have moved home 4 times since this debt, i am back at work- although only part time and an at university full time, trying to get some normality back into my life for me and the other two children i have

i dont know what to do about this, i have read numerous threads on this site and when i think i know what to do, i just dont>> i cant bury my head in the sand anymore and have to deal with this, i know i owe the debt but i also know it is mainly made up of charges, i found a payplan debt management form and on looking, the balance was 880 in april 2008 and i made payments till october 2010 and the debt im being chased for is 890

Sounds like Payplan didn't get interest and charges frozen.

That's the problem with those 'official' DMPs, they do take the burden and the stress from you, but don't always look after your best interests.

[FlamingParrot]

Re: Help!!bryan carter and northampton county court claim!!!

This is the CPR 3.14 request to be sent to Bryan Carter (amend as appropriate):

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On xx/xxx/xxxx 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

[FlamingParrot]

Re: Help!!bryan carter and northampton county court claim!!!

This is the CCA request to be sent to Lowell with £1 and a copy to BC (without the fee):

Dear Sirs

Ref: xxxxxxxx

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. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and return the fee.

Yours faithfully,

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Re: Help!!bryan carter and northampton county court claim!!!

Thank you so much for replying
im going to log onto courts online service and tick the box now!!

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Re: Help!!bryan carter and northampton county court claim!!!

Will get onto this first thing tomorrow and get sent off

To think i paid them for 18 months for the balance to remain the same- makes me so mad!!!

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Re: Help!!bryan carter and northampton county court claim!!!

thank you

do i sign with my signature?? think i read somewhere on here not to?

[FlamingParrot]

Re: Help!!bryan carter and northampton county court claim!!!

Will get onto this first thing tomorrow and get sent off

To think i paid them for 18 months for the balance to remain the same- makes me so mad!!!

Indeed! I maintained minimum payments on my Egg card which expired in 2005 when I was abroad and didn't use ever again, from 2005 till end 2009, the balance also remained the same due to interest & PPI! :mad2: :mad2: :mad2:

thank you

do i sign with my signature?? think i read somewhere on here not to?

No, sign digitally, i.e. use an Italic font on your computer.

Thank you so much for replying
im going to log onto courts online service and tick the box now!!

Hope you have done that by now... :thumb:

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Re: Help!!bryan carter and northampton county court claim!!!

makes u think what the whole point of dmp is, if paying and debt is not reduced:mad2:

done all of the above this am, thanks and sent BC letters to the courts by recorded delivery:thumb:

i guess waiting game now for response from BC? and file defence? or have to file defence by 14th March at the latest?

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Re: Help!!bryan carter and northampton county court claim!!!

sorry not been able to post, been stuck down with this horrible viral that's going round ,

Anyway got a letter from BC today dated 274th of Feb stating...

we confirm the claim form was issued by the Northampton CC bulk center and courts protocol was followed when issuing particulars of the clam<practice 7c point eliminates the requirement to atatch the documents to the particulars of the claim when the are issues by this court

we confirm this matter will most properly be allocated to the small claims track as this is a simple contractural matter and Part 31 of the civil procedure rules will therefore apply

in any event the notices of default and assignment left the control of the claimant when they were dispatched to you

its the original creditors policy to issue agreements at the start of the contract and statements throughput the duration of the agreement and in this regard we ask you refer to your own records

we confirm our client is not agreeable to an extension for filing your defence

Now im panicking, so basically they dont have to send me my request and they are not agreeing to my request for extension of defence?? can they/how can they do that??

i am really worried now, i know nothing about all this legal stuff... so now they can just go ahead and get ccj issued??

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Re: Help!!bryan carter and northampton county court claim!!!

does this mean i no longer have the extra 14 days to post my defence? and i have to log my defence by 2nd of march ... which is tomorrow:faint2::faint2::faint2::faint2::faint2::s cared::scared::scared::scared:

which bring me to another question, what do i file in my defence? i feel so useless and clueless


any help please would be greatly appreciated

[mystery1]

Re: Help!!bryan carter and northampton county court claim!!!

If you filed AoS then it's 33 days from the date on the claim orm.

http://www.legalbeagles.info/forums/...ht=#post414739

M1

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Re: Help!!bryan carter and northampton county court claim!!!

ok im being really stupid and dumb now, whats an AOS?

So do i now apply for a unless order? what do i write? sorry dont know what one contains or looks like

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Re: Help!!bryan carter and northampton county court claim!!!

Been searching on the forum, is this it?/

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.'' I am afraid I must disagree, the case has not been allocated to a track for determination and 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.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

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.

I look forward to hearing from you within the next 7 days.

Yours sincerely

Your Name