Hi all - I'm submitting an embarrassed defense tonight, based on the fact that Bryan Carter haven't provided me with the documents I asked for under the CRP31.14 and also that the creditor (Lowell) have failed to respond to the CCA request within the statutory time limits. I have a template from another embarrassed defense that I'm working off.

No update on this - I've had no reply to my CCA request to Lowell. Tonight I'll be digging out the post office receipt and checking when it was received (sent it signed for), then I'll know whether they've neglected to reply within the statutory time limit. My defence is due to be filed by Wednesday and so far, I have nothing from Lowell or Shop Direct (who I SARd, but they have a longer deadline and my defence is due before that's up). Bryan Carter's reply is upthread.

I should mention, I have no earned income of my own. My partner works and as a household, we're very low income. The only income I have is child benefit and tax credits (child and working tax credits). Child benefit is in my name, tax credits is joint but paid to me. I can't afford to negotiate any repayments based on my income alone and my partner wants us to look into debt management as we have lots of defaults hanging over us, so he wouldn't be happy for me to agree on any repayments for this that come out of his income. This is just the first one that's come as far as court and unfortunately, it's for the smallest amount, so even if we were to enter into repayment negotiations, it would be given the least priority. Is there any way I can use the above information in my defence?

Thanks all. That May date is a typo. The defense has to be in by 12/02/14. So, it's a good thing that Carter is being obstructive over producing the documents, then? I just don't know which way is best to proceed - write my defence along the lines of 'I cannot remember owing this debt and Bryan Carter have neglected to produce the agreement that shows I owe this amount' or go straight for the N244 (couldn't afford the cost for a hearing) and hopefully force them to quit when they realise I'm not backing down?

Isn't there anyone who can help? I appreciate the forum is fast-moving but I genuinely have no idea what to do next and yes, now I'm starting to panic.

Thanks for moving it. I've been reading a fair few threads, but I'm still clueless as to how to proceed. I believe I can file something to force the court to order the documents produced, but that it will cost me £40?

I received a reply from Bryan Carter today. Can someone help me make sense of it, please? 'We write further to your letter dated 24th January requesting disclosure under Part 31 of the Civil Procedure Rules. We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that 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 this matter will be most properly allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply. In any event, the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you. It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm we are not agreeable to an extension for filing your defence. We confirm that we are in receipt of your acknowledgement of service. As you will be aware a Claim was issued in this matter on 14 January 2014. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.'

Ok, all letters are being sent today - the CCA request to Lowell, the CPR31.14 to Carter and the SAR to Shop Direct. I couldn't get my printer working, so I'm off to get them printed out, then get postal orders for the £1 CCA fee and the £10 SAR fee. All letters will be posted so I can see they've been signed for. I'll update when I hear anything. Quick question - What is the statutory time limit for response to a CCA request? It's not mentioned in the template letter and I've got a three year old hanging off me wanting attention, so I didn't have time to search.

Ok - listing the documents mentioned in the POC. The text of the POC is: This claim is for 238.49 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. This debt was assigned to/purchased by Lowell portfolio I ltd on 06/04/2012 and notice served pursuant to the law of Property Act 1925 Particulars re shop direct a/c [REDACTED BY POSTER, not putting the account number on here] and the claimant claims 238.49. The claimant also claims interest pursuant to S69 county court act 1984 from 06/04/2012 to date at 8% per annum amounting to 33.89.' Am I right in thinking the documents listed here are the credit agreement between me and Shop Direct and the letter showing the debt was purchased by Lowell from Shop Direct? I can't see anything else that I would class as a document.

Right, now to try and get my printer working. Easier said than done.

Oh, believe me, I'm far from panicking. I know he's an ******** out to get as much money as he can from putting these claims in. Right, so send the CCA request to Shop Direct, as they're the original creditor? My understanding is that SAR is subject access request, which falls under the Data Protection act, meaning they have to send me every bit of data held on me. Then, send the claim form to Bryan Carter. Ok, sounds good - can you post a link to it please? What does POC stand for? I know some acronyms, but not all. I've already acknowledged the court documents online to get the extra 14 days, so that part is dealt with. Thanks for your quick reply, much appreciated.

Firstly, don't panic. I've had breast cancer and claimed ESA while undergoing treatment. Antone's advice is sound and I would follow that for now. Try not to get too far ahead of yourself - you haven't actually had a diagnosis yet, so you aren't officially 'sick' until that happens, or until you get a doctor's note explaining the situation. Secondly, I wanted to reassure you that if you have to be treated with chemotherapy, if it's via a drip you are automatically eligible for what's called the 'support' group of ESA. It makes claiming it very straightforward and you don't have to attend any medical assessments. I can definitely help you with the form once you have a diagnosis. For what it's worth, if you are diagnosed with breast cancer, I hope your treatment is successful. It's bloody ****ty having to deal with finances and benefits when you have that potential diagnosis hanging over you and I'm quite amazed you found this out today and have come here for advice, because I was a wreck!

Just adding - I've just acknowledged the service form online, so that gives me until 12/05/14 to file a defense.

Hi all, I posted about this a while ago when I got the letter before action for a Shop Direct debt. I didn't do anything about the letter, despite some excellent advice (yes, I'm an idiot but life got in the way) and yesterday I received a letter from Byran Carter dated 15/01/14 stating they'd issued litigation proceedings. Today I got the court documents. I've read a few threads on here and I get the general idea of what I need to do - file an acknowledgement with the court, then I have 28 days from the 15th to file my defence. I have no documentation whatsoever about this debt. The court documents are saying the debt was assigned to/purchased by Lowell on the 06/04/2012. The claim amount is for £238.49 on the court documents, but the letter I have from Bryan Carter says different figures. The Bryan Carter letter says: Principal balance: £337.38 Interest: £33.89 Court Fees: £50 Solicitor Costs: £15 Outstanding Balance to pay now: £337.38 Now, I don't claim to be a mathematical genius but it"s obvious to me that Bryan Carter have made a mistake in naming the principle balance to be £337.38 because if you take the balance claimed for on the court documents (238.49) and add the interest, court fees and solicitor costs (238.49 + 33.89 + 50 + 15 = 337.38) you get what they've named as the outstanding balance. Can I use that mistake in any way? I'd really appreciate any advice you have, particularly if it's in an easy to understand step-by-step format as my brain is a bit frazzled at the moment! ETA: Ignore the bit about me assuming he'd made a mistake with his maths. I assumed principle balance meant 'balance owed before charges added. My mistake there...

Forgot to say, I have no idea if there are penalties or charges on the account but definitely no PPI. Sorry for the fairly short replies, trying to get my three year old dressed and type at the same time.

Thanks for all the advice! Very helpful. They would have been taken out after 2007, definitely. I have received all notice of defaults, etc. I don't have a mortgage, I'm a renter. I don't have any assets at all really, I don't even drive and as a family we don't have a car.

The letter I was thinking of sending is this one - the National Debtline template http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6 To answer the questions: I think the debt is for a Capital One credit card, but I'm not sure. It could also be Vanquis. I stopped making payments on all my debts around Aug-Dec 2011, as that was when I was diagnosed with cancer (successfully treated) and everything fell apart for us as a family. I did contact Capital One to try and negotiate lower repayments but they were absolute insensitive ********s to me on the phone and wanted all kinds of unrealistic 'proof' and intrusive medical details, so I just didn't engage with them again. Whether it's a Capital One or a Vanquis debt, both were applied for online, so I'm guessing they have the CCA through that. I've never acknowledged the debts to a DCA, ever. I don't get involved with them on the phone and all the letters have been the standard blustering 'We MAY' type so far. This is the first one that has me concerned as it mentions an actual date for issuing proceedings. I don't know what CPR means and how that relates to what I should do. I'm guessing 'pre-action protocol' refers to the legal obligation for a creditor to inform a debtor that they intend to take them to court? Basically - what should I do next please?

I forgot to add, I'm not working and at the moment I have no income myself apart from child benefit and child tax credits. I'm in the process of seeing whether I am entitled to claim ESA, but at this present moment in time, the child benefit amount of £20.30 is my sole income. The tax credits is a joint claim between myself and my partner. My partner works (we're not married), but our income is absolutely crap. My question is, if this goes to court, can they rule that I make repayments on MY debt out of my partner's earned income?

Hi, I'm fairly new to the forums (I was here some time ago) and could do with some advice. The letter from Bryan Carter states: 'We have been instructed by Fredrickson International Limited on behalf of Lowell Financial Limited to issue court proceedings on 18 Nov 2013 if payment of this debt is not received by us by that date.' It then goes on to give details of how to pay, blah blah court costs and fees will be added to the debt, etc. The debt amount is for £489.95. I had several debts that I couldn't meet the repayments for (thank you, cancer and losing my job) and I have a feeling this one is Capital One. I'm used to not engaging with DCAs but this one is different as it actually names a date. Am I right in thinking I should send them the template letter that in a nutshell goes 'I don't know what you're on about, I know my rights, prove this debt is mine?' Thanks in advance for any help!

I work for HMRC and just echoing the advice that they can, and do, check. Always best to be honest.

Just in case anyone who's read the thread is interested - I spoke to a solicitor today who confirmed that withholding the last month of rent is breaking my contract (duh) and the worst the landlord could do is take me through the county court. At which point I would counterclaim for him not protecting the deposit, leaving him open to having to pay 3x the amount. She confirmed exactly what I thought and that if the landlord is sensible, he will realise it's in his best interests to not take any action because he will come off the worst in court. She also confirmed he wouldn't have a leg to stand on with regards to any damages as no inventory was done. It was mentioned that I'd have to decide if it was worth it as if he's a cowboy landlord, he could try and cause trouble by changing locks, etc, but I can handle that. Basically, everything I thought was confirmed. Oh, and he's already given a reference to the lettings agency which apparently is ok.

How though, Kentish Lass? No inventory was done, therefore he has no proof that any damage wasn't already there when we moved in. If the deposit was in a scheme and went to dispute, that would mean we would get the full amount back. He could indeed take us through the small claims for the last month's worth of rent, but I would counter-claim for him not protecting the deposit, which amounts to the same amount of money (£525). I suppose I'm asking, if this was to happen, what the judgement is likely to be? The lettings agency we're using has already asked him for a reference so he should have provided one by the time we'd be thinking of withholding the rent. I also told the lettings agency the full details of the situation and that the landlord may be vindictive and not provide a reference anyway since I had to report him to the health and safety at the council over lack of a gas safety certificate when we had a carbon monoxide leak. They did say there were ways around a lack of landlord reference. I get free legal advice from my union so I'll be checking with a solicitor tomorrow anyway, I was just after some general opinions. I'll update the thread.

My landlord is a complete cowboy. He's not protected the deposit in any of the three schemes and I have a list of things he's done wrong as long as my arm, but to keep it short - we're probably going to serve notice on him this month (periodic tenancy). What I'd like to know is, is there any real comeback if I withhold the last month's rent and tell him to keep the deposit? No inventory was done when we moved in, we signed a tenancy agreement but never actually received a copy of it. We have time and date stamped photographs to prove we've actually improved the condition of the house since we've been here. I know full well I can take him to court over not protecting the deposit, but I've got a new baby and I don't want the hassle. It would be much easier to just not pay the last month's rent to guarantee we're not losing the amount of the deposit as I wouldn't put it past him to try and keep it, but I need to know what action the landlord could take and what is likely to happen if we do this. As always, any advice is much appreciated!

Let us know how she gets on and good luck.

Thanks guys. The last payment I made was about 4 years ago, so the debt wasn't statute barred. The letters reference the 'pursuers' as Aktiv Kapital, with the original creditor as HSBC. Before all this started with Muck Hall, I did get letters from Aktiv Kapital saying they owned the debt. I rang them, only to be told they'd 'passed it on' to Muck Hall and I needed to contact them. I've seen my credit reports from all three CRAs within the last month and Aktiv Kapital is still on there as owning the debt. The reports were last updated in March. If I was to make a complaint to Trading Standards, which would it be? The area that Muck Hall operate in, or the area that I'm based in?