Hello to all CAG community! You have greatly helped me in the past (thx again Andyorch!) but unfortunately I have one more issue I'm hoping can be solved with your support. I used to live in Salford few years back, I've signed a tenancy agreement, moved in on 1st of April 07 and I moved out very shortly afterwards to another part of Salford, that was on the 20th of May. I've notified the council (letter from a Court prompted me to do so) on the 30/10/2007, bit late but there was a girl moving next day after me and I just assumed the agent will deal with all the paperwork. I also thought that by moving only a few streets away within the same area and paying a council tax for a new property will be fine. Anyway, all was quiet but in 2011 I've received a few letters. I'm attaching them (001.jpg, 002.jpg) I've been in contact with Council officer and have tried to battle with them so they can agree that I'm only responsible for paying council tax for the time period I really lived at that house which was 01/04/2007 until 20/05/2007 and not 21/05/2007 till 20/04/2008! I've exchanged quite a few emails throughout 2011 up to 01/2012 and last email I had from the officer was stating that they will ask my landlord to provide them a copy of my signed tenancy agreement. Since then everything went quiet again until a 10 days ago or so when I've received another letter saying there is a 14 days to pay before taking further actions. I'm attaching these letters (003.jpg, 004.jpg, 005.jpg). Basically they require £712.57 to be paid now and it is supported by a Magistrates Court Liability Order. I remember briefly letter sent to me from Magistrates 9 years ago but assumed Council wouldn't proceed with that after I've explained to them I've moved out of this particular property. Of course my documentation is quite poor as it was 9 years ago so feel bit hopeless. I've lost all my patience with them and thought I will try your advice as a last resort before paying it up. I have time untill 25th of February. Is there something that can be done about it? I've sent them an email asking for a Liability Order number so I can contact Court directly but don't know if given I only have a few days before deadline this will help. Thanks B

Hi, Just spoke to the Court and they have received that as well, early Xmas present as you have said. Thank you and wish you Happy Xmas! All the best, Bart

:wink: I just received a Notice of discontinuance! Whoooo-hoooo! I'm so glad, Andy, you are a master, thank you very much, especially to you but also other people that has contributed to this! I can relax now and make a donation o the forum obviously, at least that's the little bit I can do to keep this place going on! PS. Do I have to do anything else? There was a letter from Bryan Carter and also Notice of discontinuance that looks like a genuine Court form. Also can I get them out of my credit record now? Thanks for everything! Bart

Thanks Andy, what else can I say? You have been of a great help all the way along, amazing that people like you actually exist Big respect for everything you do!

Thank you again, I will stick to the safe option then. I prepared all the documents for the standard disclosure now and I'll send literally just a copies of the documents mentioned by you + 1 page I've attached, is that ok or do I need a sophisticated covering letter etc.? Cheers

Thanks Andy, I can't thank you enough! I'm working on it in the meantime I have scanned a few documents, do you think they are worth attaching to my standard disclosure? File No.1 is just a contract showing the date account has been opened and also the fact it was a free account. File No.2 & 3 are not really a notice of default as such but don't have anything better File No.4 says Notice of Defaulting but it has been issued by another debt collection agency so I assume it's useless Thanks

Thanks, I should cope with Standard Disclosure now. Is this Witness Statement worth anything? =========================================================================================== IN THE COUNTY COURT AT XXXXX CLAIM NO: BETWEEN: LOWELL PORTFOLIO I LTD Claimant -and- Project01 Defendant WITNESS STATEMANT OF MR PROJECT01 I, Mr Project01 the defendant in this claim make the following statement believing it to be true will state as follows:- I have held a current account with Lloyds in the past. The account was opened on or around xxx xxxx 20xx and used to facilitate the payment of my income and expenditure. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 30th June 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for. Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £3.50 rising to £7 after 3 months I believe this debt is statue barred as the last payment has been made in June 2007 I deny that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. I believe that the facts stated in this Witness Statement are true. Signed ………………. Dated on the day ………………..2014

Or do I just make a spreadsheet and enter all the documents I have + dates, any correspondence between myself and carter? Bank statements etc.?

Standard disclousre which is my original CPR request I sent back in June? As Below: Bryan Carter Solicitors LLP 11 De Havilland Drive Weybridge Surrey KT13 0YP 30/06/2014 Dear Sir or Madam, Re: LOWELL PORTFOLIO I LTD v Case No: CPR 31.14 Request On 14th June 2014 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 and counter claim all of your 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/ overdraft Facility confirmation and Terms and Conditions from that date pursuant to section 61B of The Credit Consumer Act 1974. 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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C 4. Notice of Assignment You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© 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 as required under CPR15.5. If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm in your response. I do hope this will not be necessary and look forward to hearing from you. Yours faithfully

Thanks Andy, so Witness Statement is the only thing I have to prepare then. Thanks for confirmation!

Hello again, So the big day is coming, just before Christmas, hope it won't ruin my celebrations I've received this letter asking to send all the documents to each parties and to the court 14 days before the hearing. Do I send my submitted defence and all letters sent to the Bryan Carter? I'm not quite sure what does witness statement means. Thanks in advance and wish you a happy Xmas! PS. I'm nervous as hell, glad hearing will only take an hour or so Kind regards B

Quick update, I've receieved a Notice Of Transfer Of Proceedings. Maybe someone will find it useful for future to track my case all the way up from the start so I'm also attaching a scan of it so you know what to look for. As far as I know I can only wait now for directions from my local Court. Thanks B

Hello! Thanks for all your precious comments and suggestions, I've spent quite a lot of time digging through all the threads ana I finally came to the decision I believe was the best in my situation. I've sent back DQ and marked that I'm willing to negotiate, I had a phonecall from mediation centre though few days ago and we have changed that to "no negotiation" as I can't be so flexible. Looks like it will go through to the judge, unless Bryan Carter will pull out which I think it's quite possible and really wise to do for them. I will keep you informed and once again thanks for your help! Kind regards B

Ha, it's getting funny now, unless I'm just being a thick a little on this one, well, maybe I should better blame my English skills instead Ok, I have a few questions if you don't mind. - If my case is so strong why should I even negotiate with them? Is it just to show a goodwill/save hassle to the Court & taxpayers money etc.? I can't see a point in negotiating because I simply would like to bring it down from £1300 to £0, I mean in a real world I'd be prepared to pay them £50-£100 in order to settle down just for the sake of avoiding further hassle and a waste of more of time but I doubt they will accept this. If it will come down to £500 for example I still won't accept this. - You said it is unlikely they will give up, but if my case is so strong why would they still want to proceed? Seems a bit daft on their part - When I asked about a costs I had in my mind vision of me travelling to Northampton, using a solictor services and all of that, I doubt I would be able to go to hearing on my own and start successfully defending my case, as you can see I'm struggling to fully understand this thread not to mention the visit to the Court All the best, B

Hi Andy, Do you mean I can choose between accepting paying them the whole £1300 OR try to negotiate and lower this? Hmmm... really I was hoping they will just give up, so my case is not that strong then? Even if it is a statue barred and also that the whole amount has been made up from a charges? Sorry but I'm getting confused now here, so going to a hearing and fighting Bryan Carter is not an option then? I imagine costs involved would outtake the potential savings. Thanks. All the best B