Carter Court Claim Form, old HFC debt - But No Cca !!

[brown owl]

Hi,

 

In need of some more advice please. I have today received a claim form from the court/Bryan Carter on behalf of Cyclone Assett Management .

 

Are they Fredrickson by any chance as that is who the debt was with?

 

I sent them the usual letter for a copy of my CCA and proof that they owned the debt (recorded with £1). They are well out of time and I sent them a letter this Monday telling them this. (May have crossed in the post).

 

Cyclone are only claiming about 10% of what is outstanding but have a clause on the claim form saying they reserve the right to make further claims on the amount outstanding.

 

Should I fill in the defence and counter claim against them. ( I have made payments to them totalling about £120)? Are they likely to go to court with no CCA. Or if they find one will I be in trouble ?

 

Thank you for any help (again!)

[ananya]

Hi brown owl

 

I'm no expert but as far as I understand, with no CCA, the debt is not enforceable.

[rameses_qc]

Carter, apparently, has a habit of suing for his fees only. This is in breach of the Solicitors' rules and regulations. If he is doing this, then the Solicitors' regulation authority say they would like to know about it.besides, you can use a defence that CCA S77/78 has not been complied with

[Vampyra]

Let's take this slowly.

 

Firstly, whatever happens, do not send the CCS back to Bryan Carter, Fredrickson or Cyclone Assett. Whatever you are advised, you must only send this form and your copy of the CCA request to the Court and do not accept the debt.

 

Second they cannot call in a debt without proving the debt and they certainly cannot take you to Court on this. What they hope is that you will send the form back to them with your defence and they will lose that and say you never replied to the CCS. The judge will be shown you have paid and pass judgement and you will get a CCJ. FACT.

 

Therefore everything you have in your defence MUST only go to the Court.

 

Before all of that you MUST make sure you get this heard in a court near where you live where you can attend with paperwork if required.

 

I suggest you also wait for some of the other people who come here who can advise on the legal stance of the CCS.

 

Hope this helps.

[brown owl]

Thanks for your replys.

 

Tody I have had a letter from Bryan carter stating that they have referred the matter to thie client (HFC) and that the account is now on hold.

 

Do I still need to fill in the county court claim form ?

 

Thank you.

[brown owl]

Hi,

 

I sent the usual CCA request letter to Bryan Carters a couple of months ago. I have not had a reply and they are out of time. I informed them of this but they have issued a county court claim form.

 

THEN last week I got a letter from them saying the account was on hold but I didn't get anything from the court to say they had withdrawn the case.

I phoned the offices to ask about this and was told that they had withdrawn it and to ignore the claim form.

 

I wasn't totally convinced so I phoned the court who informed me that they had not received any withdrawal from Bryan Carters and that I should put in my acknowledgement and defence.

 

What I am asking is...when I put in the defence do I say the account is on hold (copy of letter) and also that I have not received the deed of assignment, copy of CCA etc. Is that my defence ?

 

Thanks in advance for any help.

[itsamomentintime]

sounds good - do not forget to acknowledge or else you lose!!

[42man]

Yes make sure you acknowledge and defend this to the hilt !!! It might also be wise to send a CPR to Bryan Carter to get them to provide relevant documents otherwise you can say that you have been unable to provide a defence....

[brown owl]

Thanks. What is a CPR please ?

[42man]

Reproduced from Curlyben

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

OK also bear in mind that you have to acknowledge the CCJ within 14 days, then you get another 14 days to submit your defence.....

 

I presume you are going to defend this due to their non conformance with the CCA plus I imagine that there are some excessive charges on the account too ??

[42man]

Of course you will need to edit it (it says BARCLAYCARD in this letter above)

[brown owl]

Thanks for that. Yes I am defending as you have stated.

I have to put the acknowledgement in by this saturday. Does that make any difference to the 10 days for them to reply ?

I guess i will have the further 14 days before I file the defence from saturday...is that correct? It just doesn't give me a lot of time for the defence. If they don't respond , presumably i inform the court when I file the defence that they haven't supplied the info requested.

 

All a bit confusing

[42man]

Glad to hear that you are defending as you have a good case...i'm just sorry that you have to go through it all, but be strong....just edit the letter and say 10 days.....they have ignored your letter for a CCA..!! And yes if they don't respond tell the court that you are unable to prepare a defence as they have not provided the documentation !!! I''m not an expert, but please read some of the other threads involving CCJ's as you will find them useful....

[brown owl]

Thanks.

 

I have sent out that letter today and filed the acknowledgment. Will keep you posted.

[Guest Old_andrew2018]

bump

[BABYQ333]

Hi, I would like some advice please as I am new to this. I will be sending a letter to Bryan Carter, Fredrickson and Roxburghe requesting CCA'S. If I am successful with this and they cannot provide these, is there any way of claiming back monies I have already paid to them or just accept that I have defeated them and RUN.

[lickthewallfatboy]

BABYQ333

 

please start a thread of your own-it means that any issues can be addressed without cluttering up someone else's thread...

[ODC]

Thanks for your replys.

 

Tody I have had a letter from Bryan carter stating that they have referred the matter to thie client (HFC) and that the account is now on hold.

 

Do I still need to fill in the county court claim form ?

 

Thank you.

Mr Carter is a slippery custmoer and I would contact the court to see if he has indicated to them he is not proceeding. If they havent heard from him then assume the worst and get a defence in. Non production of a CCA is a complete defence to any claim