Northampton CCBC claim form - Bryan Carter & Capital One

[Another Pete]

Hi, I wonder if I could get some advice, please... Having sent Bryan Carter a CCA request, last week I received a reply from Capital One telling me that they weren't going to deal with it because my signature didn't match their records (I had printed my name). On Monday, just as I was looking up the most appropriate response on other threads here, a Claim Form plopped through the door!

 

For those who need this info, the particulars of Claim are:

 

The claimants claim is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly instalments under agreement number xxxxxxxxxxx but has failed to do so.

 

And the claimant claims the sum of £XXX.XX

 

The claimant also claims interest therefore pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £XX.XX

 

Now, up to this point, I've been OK but as this has the potential for me to severely cock things up if I go even a little wrong, I seriously need some advice! I am pretty sure I never signed an agreement. I can't be certain but I think I filled in a postal application and then the card came in the post. I'm also unable to be exact on the date but think it was before 2000.

 

My question, obviously, what should I do now?

[Andyorch]

A CCA request does not legally require a signature....so they are in default of your request...hence your receipt of the summons.

 

None compliance to a section 77/78 request = no enforcement and a total defence.

 

Regards

 

Andy

 

PS Welcome to CAG Pete.

[Another Pete]

Seems a bit too easy - shouldn't I still be asking for the agreement?

[Andyorch]

Yes in your defence.

[creditcardmug]

Crapone card pre 2000 lol, go for it, they have nothing, the bit that surprises me is the claimant appears from your post to be none other than crapone, i.e. they havent sold it on?

[Another Pete]

Yes, Creditcardmug, it is Cap One. Funny, they are still ringing me, too! That would be an interesting conversation... Hope to get my letter off tomorrow and I can do the court bit by click, if that's right...

[Ford]

what letter are you doing?

yes, can do things online via MCOL eg acknowledge service re defending. then get a further 14 days ie 33 days from the date of issue on the claim form to submit a defence. stick to all deadlines.

if you want, you could consider also doing a request under cpr 31.14? (see stickies) but, is it likely to be small claims ie below 5k?

any missold ppi?

was there a compliant default notice?

how old is this? any chance of statute bar?

btw, in general, an eg of the one years worth of s69 interest.

Edited February 13, 2013 by Ford

[Andyorch]

Keep your eye on your time line Pete..... you must Acknowledge Service 5+14 from the date on the Summons.

 

Regards

 

Andy

[creditcardmug]

As andy says timelines are everything with court claims, you must be getting close to the date to acknowledge service so go on MCOL and indicate you intend to defend all, if thats your intention

[Another Pete]

Thanks, all. Yes, clicked to acknowledge and CPR31.14 request sent. I will keep you all updated. BTW: Carters are still ringing every day!

[Another Pete]

Received the following reply from Bryan Carter:

 

We write further to your recent request for disclosure under Part 31 of the Civil procedure Rules.

 

We confirm the claim form was issued by the Northampton County Court Bulk Centre and the Court's protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

 

We confirm that the Claimant will seek allocation to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days.

 

We will revert to you in due course with our client's instructions in relation to your request for an extension of time for filing your defence.

 

It is our client's policy to issue agreements on or around the date of the contract and statements throughout the duration of the agreement, in this regard we ask you to refer to your own records.

 

Yours sincerely

 

BRYAN CARTER

 

 

My date to file defence approaches rapidly, advice would be appreciated!

[Andyorch]

Standard automated BC response Pete should be quickly followed by a change of Solicitor next ....what date is your defence due?

 

Regards

 

Andy

[Another Pete]

Thanks, Andy. It's the 3rd March, Sunday.

[Andyorch]

Ok so you need to submit by Sat latest in case of any glitches in their system......I will try to post something for you to edit to suit tomorrow.

[Another Pete]

Thank you - very much

[Andyorch]

Pete if you are around.......

 

Perhaps you could flesh the bones a little...as per Fords post #7 ?

 

Then we can draft a suitable defence to their particulars.

Regards

 

Andy

[Another Pete]

Hi Andy, OK, As per #7, yes, I sent a CPR 31.14 request and it is less than 5K No PPI, As far as I can tell, yes, it appears compliant and, no, it's not statute barred.

[Andyorch]

Ok...so apart from the no response to the section 78 request which they remain in default....there are no other reasons to defend?

[Another Pete]

No, I had the card, they didn't accept my offer to pay what I could; long story short (and lots of people from capone, fredericksons and bryan carter listening to our washing machine on spin later) here we are...

[Andyorch]

The particulars of Claim are:

 

1.The claimants claim is for the balance due under an agreement which is now all due and payable.

2.The defendant agreed to pay monthly instalments under agreement number xxxxxxxxxxx but has failed to do so.

And the claimant claims the sum of £XXX.XX

 

The claimant also claims interest therefore pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £XX.XX

 

 

Defence

 

1.Points 1 is noted and is not disputed within the claim.

2.Point 2 denied the Defendant requested a copy of the agreement in question and relied upon in this claim .The Claimant has failed to do so within the statuary 12 days and is therefore is and remain in default

until such time they comply pursuant to the CCA 1974 they are prohibited to enforce or seek any relief.

 

3.The Claimant has also failed to serve the statuary Notice of Arrears pursuant to CCA 2006 amendments and until such time that they comply with both requests they are prohibited to enforce or seek any relief.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

One defence Pete copy and paste into MCOL and print your reciept as proof of submission.

 

Regards

 

Andy

[Another Pete]

Thank you, Andy. That's done and I have the confirmation page. It also appears fine on MCOL.

[Ford]

another point that could be raised later if required is re s127 (3) consumer credit act requirement re a signed executed agreement (as was prior to april 07) before an enforcement order, as you mentioned in post #1 you seemed sure never signed anything?

Edited March 3, 2013 by Ford

[Another Pete]

Well, I didn't say that, Ford, but i know what you mean. I did wonder that. They wouldn't do that now, though, would they?

[MrHat]

Following

[Another Pete]

I'll keep you posted, Mr Hat