Urgent Bryan carter have sent me CCA

[Day1982]

Hi Everyone,

I'm new on here, but have been reading other peoples threads for the last 4-5 months.

Bryan Carter are acting on behalf of Lowells claiming I owe them £850 from a debt they bought from Lloyds in 2012. Apparently I made a payment of £70 to a debt company on May 6th 2008, which I cant even remember doing. Around that time I was recovering from a very bad car accident which left me taking high amounts of strong pain killers and anti-depressants.

I sent a CCA request, but instead got a threatening letter saying that they MAY proceed with legal action. I assumed it was one of their empty threats. I did not here from them for a while until I received a letter from NORTHAMPTON COUNTY COURT stating that they are taking me to court. Long story short I defended the claim stating that they have not provided me with any proof that I actually owe the money. I also made a counterclaim for my time spent replying to their letters and general stress that they have caused me.

On March the 27th I received a letter from BC stating that they vigorously defend my counterclaim and that we should resolve this issue outside of court. They wanted me to sign a notice of discontinuous on my counterclaim and then send it to them. I tried to research this to find out if that is the right protocol, I couldn't find too much info on this exact circumstance so I decided not to sign it.

I received a letter dated 11/04/2014 from the courts stating that the claimant shall file and serve a copy of the executed agreement upon which it sues and the notice of assignment. I thought great they have not provided me a with any proof, so how will they be able to send anything to the court.

So, yesterday I received a letter from BC which included a photo copied Asset Application Form and Agreement signed by me and dated 23rd of October 2000! The debt is for a credit card, which I'm sure they initially said it was for an overdraft. Is this a true copy of a CCA. I read somewhere that a CCA should state the amount of credit, the credit charges and interest rate. This document does none of these, its nearly 14 years old!!!!!

I wish they would just b***er off!!!!!

Sorry for the long post any advise or help would be greatly appreciated.

Thanks

[Day1982]

Re: Urgent Bryan carter have sent me CCA

One Letter was received from the judge.

The other three I received at the same time from Bryan Carter.

[Day1982]

Re: Urgent Bryan carter have sent me CCA

Is that a CCA or is it an application form?

I'm so confused about all of this!

Any Help would be great as I don't know if I have led to stand on when the court date arrives.

[MIKE770]

Re: Urgent Bryan carter have sent me CCA

when was the last time you remember making a payment?

Did you receive a default notice?

[MIKE770]

Re: Urgent Bryan carter have sent me CCA

You sure this was an overdraft? because there would not be a CCA1974 for that if I am correct?

[Guest]

Re: Urgent Bryan carter have sent me CCA

It says"your choice of card" si I presume it is a credit card.

It looks on the fac ce of it like an application form rather than an agreement, the difference between the two being that a credit agreement has to have the prescribed terms( interst rate repayment information and credit limit ) contained within the signature document and have the rest of the t and cs supplied along with this document.

If there are no prescribed terms in the document it is unenforceable under section 65 and 127(3) of the CCA.

[Day1982]

Re: Urgent Bryan carter have sent me CCA

Thanks for the reply guys,

I have never made a payment on this debt that I can remember. They say I made a single £70 payment in May 7th 2008, other than that no other payments have been made.

As we are approaching May this year technically it would be 6 years. So would that mean statue barred or because they are taking me to court this wouldn't apply?

In one of BC's earlier letters they said it was from an overdraft, but the application form they provided is definitely for a credit card

[Day1982]

Re: Urgent Bryan carter have sent me CCA

Those are the only documents I received from them. I made CCA request back in February, but only received these docs on Saturday lol!

Have I got a leg to stand on if it goes to court?

I'm very grateful for your replies.

aw:

[Guest]

Re: Urgent Bryan carter have sent me CCA

If they are relying on this alone as the executed agreement, then it is not compliant with the requirements of the CCA in that it does not contain the prescribed terms.
As a response to the section 78 request it is none compliant as it does not give all the information required to be within the copy, and is therefore unenforceable under section 78(6)

In addition if they intend to rely on this for section 61#65 purposes an enforcement order cannot be granted under section 127(1), the agreement is unenforceable(no PT's section 127(3)).
This is of course unless the terms were in another part of the document or overleaf.

[Day1982]

Re: Urgent Bryan carter have sent me CCA

What's the chances that they will have the rest of the documents?

I will keep you guys updated on how things go with this case.

[Day1982]

Re: Urgent Bryan carter have sent me CCA

Quick Update:

I still have not heard anything from the courts or from a Bryan Carter solicitor. I'm not sure if that is a good thing or a bad thing?!

[Amethyst]

Re: Urgent Bryan carter have sent me CCA

I'd say good, asit's been a fair while now ( 2 months?).... but I'd give the court a call on Monday and ask them what the status of your case is now. According to the order it should be struck out now (as they havent given you / court the assignment)

[Day1982]

Re: Urgent Bryan carter have sent me CCA

Oh that would be great! I will call them first thing on Monday.

Thanks for the advice.

I will update as soon as I know more.

[Day1982]

Re: Urgent Bryan carter have sent me CCA

I spoke to the courts this morning.

Not the best news, Bryan Carter have sent in notice of assignment, which had to be sent in by the 25th of April. Carter's also had to send in executed agreement, the paper work they sent me ( attached to this thread) does not seem to be the executed agreement.

The judge is waiting to decide whether to action the case or not. Not really sure what that means?!

[Amethyst]

Re: Urgent Bryan carter have sent me CCA

The attachments on this thread - http://www.legalbeagles.info/forums/...159#post427159

Is that everything you have received from BC ?

Particualrly on the CCA front were there any other pages detailing the terms and conditions applicable to the account ?

It says on that front signature page ' I apply for the Assett Card on the conditions overleaf ' - thus to comply with the CCA they must produce those conditions (that's all been discussed further back in the thread)

If the Judge decides to 'action the case' you will be able to amend your defence. There's been a recent case ironing out some issues in Mitchell so it might not be a case of 'too late', depends wholly on the Judge I'm afraid so all you can do is wait and see. They haven't applied for Summary Judgment or anything daft have they?

I am a little concerned over your counterclaim. Would you be able to post your defence and counterclaim up pls.