Lowell/carter 2 claimforms 1 aqua card, 1 cap1 card ***1 Claim Discontinued - 1 stayed***

[citizenB]

Ok, both issued on 28th August so your timeline is as follows:-

 

Issue date 28 August + 5 days for service = 2 September + 14 days to acknowledge = 16 September + 14 days to submit defence = 30 September.

 

 

Ok, your timeline is that you need to submit a defence by the 30th September so you still have some time in hand.

 

I suggest you leave it until at least the 20th in order to see if they come up with any useful information/documents.

 

Meanwhile, I would advise you have a look round the forums at similar situations to yours

[amac31]

Do I need to request any info from lowells or Bryan carter in order to file my defence? Do I need to send a SAR or CCA request to any of them?

[citizenB]

I think you should have sent off CPR requests for information as soon as you received the claim forms. I have popped a draft for you below. This should be sent by recorded / special delivery and sent to the solicitor. I am assuming both claims are below the £10,000 thresh hold for small claims - if this is not so. Please let me know BEFORE sending out the letter below. You are going to have to send one for each claim, although they can both go in the one envelope.

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

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

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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 / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. 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 assignment

 

3: Statement of account showing how the amount claimed has accrued. This to show any default/penalty charges applied to the account.

 

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.

 

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

 

[citizenB]

You will then need to send the following CPR part 18 - again it can go in the same envelope as above and you need one for each claim. It is for information regarding any default notice that may or may not have been sent. It isn't mentioned on the claim form so you cant ask for it directly as part of the CPR 31.14. request above.

 

 

[ATTACH=CONFIG]46463[/ATTACH]

[amac31]

You will then need to send the following CPR part 18 - again it can go in the same envelope as above and you need one for each claim. It is for information regarding any default notice that may or may not have been sent. It isn't mentioned on the claim form so you cant ask for it directly as part of the CPR 31.14. request above.

 

 

[ATTACH=CONFIG]46463[/ATTACH]

 

Thanks for all of you help citizenB both sets of letters printed and ready to send.

[amac31]

You will then need to send the following CPR part 18 - again it can go in the same envelope as above and you need one for each claim. It is for information regarding any default notice that may or may not have been sent. It isn't mentioned on the claim form so you cant ask for it directly as part of the CPR 31.14. request above.

 

 

[ATTACH=CONFIG]46463[/ATTACH]

 

Sent both letters off as above for both accounts, I received 2 letters of response from Bryan Carter for each account. Please find the letters below, please could someone advise me as to what I should do now in response to this as I am totally out of my league now.

[ATTACH=CONFIG]46498[/ATTACH]

[ATTACH=CONFIG]46499[/ATTACH]

[AndyOrch]

Standard response from rent a solicitor amac...no need to respond.

[amac31]

I know you say no need to respond but how do I prepare my defence?

[unclebulgaria67]

I know you say no need to respond but how do I prepare my defence?

 

You still have some time before you need to submit your defence, so hopefully Andy and others will help you in due course.

 

Do you have copies of the default notices ?

 

Remember that when you submit your defence you are probing the claimant on the information in their claim. It is up to the claimant to prove their information is correct.

 

If you have mortgage issues/negative equity and various debts, I cannot see them making you bankrupt, as it would cost them £1500+ and they won't get it back.

I therefore suspect that this will just be dragged out for the long term.

 

You might be wise to speak again to debt advisors such as Stepchange or National Debtline and then think about a way forward.

Perhaps you find the fees required for bankruptcy and see this as a way of having a fresh start in a few years.

 

If you don't do this, then you could have many years being chased for debts, as mortgage debts are enforceable in court for 12 years.

[AndyOrch]

I have received letters from Bryan Carter with regards to 2 outstanding credit card debts ( Aqua, Capital One ).

 

The Aqua card debt does not show on my credit file but the Capital One debt is registered on my credit file via Lowell.

 

The capital One debt defaulted in Nov 2007 for £ 419

but I have been taken to court for the amount of just over £700.

 

I received the letters on the 28th and court proceedings were also issued on the 28th.

 

Up until July last year I was paying token payments on all of my debts

but was advised to stop this by the money advice trust because I don't have enough to cover priority debts.

 

How should I defend these claims and how should I reply on the court forms?

 

Any help appreciated.

 

I am bringing your initial first post forward amac...you had already implied that you would be defending the claims here on the 1st September on receipt of the summons.So irrespective of whether the claimant has responded to CPR or not you had a dispute / argument in mind before you had heard of the CPR requests.

 

You admit you owe the amounts you was told to stop paying you question the amount claimed you question their right as an assignee that the claim is valid and also question that due process was followed.

 

That is what your defence should be based on...dont state the claimant has not replied to my CPR request therefore I am unable to particularise a defence...it will not cut with a DJ.

 

Regards

 

Andy

[amac31]

You still have some time before you need to submit your defence, so hopefully Andy and others will help you in due course.

 

Do you have copies of the default notices ?

 

Remember that when you submit your defence you are probing the claimant on the information in their claim. It is up to the claimant to prove their information is correct.

 

If you have mortgage issues/negative equity and various debts, I cannot see them making you bankrupt, as it would cost them £1500+ and they won't get it back.

I therefore suspect that this will just be dragged out for the long term.

 

You might be wise to speak again to debt advisors such as Stepchange or National Debtline and then think about a way forward.

Perhaps you find the fees required for bankruptcy and see this as a way of having a fresh start in a few years.

 

If you don't do this, then you could have many years being chased for debts, as mortgage debts are enforceable in court for 12 years.

 

Sorry I don't have copy of default notices,

1 Account defaulted in Nov 2007 and

the other account does not even appear on my credit file so I cannot check when it defaulted

though it would probably have been about the same time.

 

I don't think they will go down the bankruptcy route

( would prefer it if they did )as the higher of the two debts is only £701.

 

When it goes to court I do not even know how to prepare my income and expenditure

as I do not work nor do I claim any benefits,

 

We live entirely on my wife's salary and tax credits.

[amac31]

I have received letters from Bryan Carter with regards to 2 outstanding credit card debts ( Aqua, Capital One ).

 

The Aqua card debt does not show on my credit file but the Capital One debt is registered on my credit file via Lowell.

 

The capital One debt defaulted in Nov 2007 for £ 419

but I have been taken to court for the amount of just over £700.

 

I received the letters on the 28th and court proceedings were also issued on the 28th.

 

Up until July last year I was paying token payments on all of my debts

 

but was advised to stop this by the money advice trust because I don't have enough to cover priority debts.

 

How should I defend these claims and how should I reply on the court forms?

 

 

 

Any help appreciated.

 

Going back to my original post above,

 

can they secure a ccj against the Aqua card because there is no trace of this on my credit file either by them or the oc.

 

Also as they have more or less refused to send copies of the original agreements, notice of assignment and original default notices.

 

Do they need to produce these in court in order to secure the ccj,s ?

 

I am just querying the procedure to see whether it is likely to go all the way to a hearing or not.

[dx100uk]

the first one maker no odds.

 

they will need the paperwork to prove the debt is owed

[amac31]

I needed to file my defence by the 30th September

but because I sent CPR requests Bryan Carter has agreed to an extra 14 days to prepare my defence on both claims.

 

Should I take this as gospel as I have it in writing from them or is it just a trick

so that I file my defence late and they obtain CCJ by default?

[SWLABR9]

Did they agree in writing?

[citizenB]

If they have agreed in writing, then it is you who must contact the court and advise them of this.

 

Email/write to the "Court Manager" you will need to attach/enclose a copy of the letter Lowells have sent you, that gives the new filing date.

 

I would send a copy to Lowells that this has been done.

 

If they have not agreed in writing, then I think you are going to have to submit a defence of some kind, I understand your original filing date is the 30th September, which is tomorrow !

[amac31]

Did they agree in writing?

 

Yes I have letters for both claims saying that they have given me an extra 14 days to prepare my defence

[citizenB]

Then you must get in touch with the court immediately with copies of the extension.

 

Your email/letter should be headed...

 

Notice of extension of time for filing defence under CPR15.5

 

An extension of time for me to file my defence has been agreed between myself and CLAIMANT. The new filing date is (DATE)

 

Don't forget to put all the court references on your communication.

[amac31]

Then you must get in touch with the court immediately with copies of the extension.

 

Your email/letter should be headed...

 

Notice of extension of time for filing defence under CPR15.5

 

An extension of time for me to file my defence has been agreed between myself and CLAIMANT. The new filing date is (DATE)

 

Don't forget to put all the court references on your communication.

 

Ok thank you, forgive my ignorance but can this be done online or do I have to go in person to the court tomorrow as it is the 30th tomorrow?

[AndyOrch]

Tis a little too close for comfort amac informing CCBC of an extension considering your defence is due tomorrow...I personally would be submitting on time.

 

Regards

 

Andy

[amac31]

Tis a little too close for comfort amac informing CCBC of an extension considering your defence is due tomorrow...I personally would be submitting on time.

 

Regards

 

Andy

Ok thanks, I only received the response from them on Friday

and y wife has been in hospital so did not read the mail until yesterday.

 

I would appreciate it if someone could help me to submit my defence

as I have no idea how to set it out in a way that it makes sense and that BC cannot get a CCJ by default

because I have submitted it incorrectly.

[AndyOrch]

I will draft you a defence tomorrow so relax and enjoy the rest of this beautiful Sunday.

 

Andy

[amac31]

I will draft you a defence tomorrow so relax and enjoy the rest of this beautiful Sunday.

 

Andy

Ok thank you very much, I just don't want them to win on a technicality so your help is greatly appreciated. I will be making a donation to the site in the next few weeks when I can scrape a few quid together.

[AndyOrch]

This is the particulars from another Lowell thread in which I have just drafted a defence.The PoC is exactly the same as both of yours:-

 

POC

 

1.This claim is for xxxx the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

 

2.This debt was assigned to / purchased by Lowell portfolio Ltd on xxxxx and notice served pursuant to the law of property act 1925

 

Particulars

 

3.RE cap one

 

And the claimant claims xxxxx

 

The claimant also claims interest pursuant to S69 county courticon Act 1984 from xx/12/12 to date at 8% per annum amounting to xxx

 

 

This is the drafted defence...you would have to edit the dates and requests for documents.Also remove point 7 re PPI if not applicable.

 

######Defence######

 

1. Paragraph 1 is accepted with regards to having entered into an agreement with Capital One for credit card services.

2. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment.

3. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14/Section 78 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. On the xxth xxxxx 2013 I made a legal request by way of a section 78 request to the Claimant and Solicitor both have failed to comply and therefore are in default of this request and as such unable to request any relief until compliance.

 

7.The amount claimed is currently subject to a pending claim for miss sold Payment Protection Insurance with Financial Ombudsman Services.

 

8.. 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.

 

Ok thats all that is needed at this stage...complete the dates marked xxxxxx check for accuracy and /or edit ...copy and paste into MCOL printing your receipt as proof of submission.

 

Regards

 

Andy

[amac31]

Thanks Andy, had a nightmare could not get onto MCOL website to file defence, had a mad rush to email defence before 4 o'clock but I have now been able to login and the defence has been applied to the cases so watch this space.