Bryan Carter And solicitors, how to defend ccj claim**WON**

[icecool]

HiI have had a ccj claim from bryan carter and solicitorsfor a part of a debt and not the total debt they say i owe them.They are acting for lowell portfolio 1limited, who i guess are the DCA for HSBC.The Amount they are claiming for is £170 plus costs, so £235 altogether while the total claim they say is £1022.77 on the claim form.However on the letter they sent out to me says i owe £1088.77.So there is a difference to what they have on the claim form and what they put on the letter in which said they were starting litigation proceedings.The claim form and their own letter are both dated 4th april. Can they claim part of a total debt?I have asked for a cca, and told the court i intend to defend the claim.Can anybody give some advice, from where to go and how to defend this please.Thanks

[boyboynova]

I always thought they couldnt claim for part....but not 100%

[BeauBrummie]

Icecool I can give you some pointers but not specifics, there is lots of info on Bryan Carter in these forums. and I am going through exactly the same except about 10 days later as you.

 

Take a look at my thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/138599-bryan-carter-what-coincidence.html

 

Beau

[Ell-enn]

Hi there, claiming for part of the amount owed is a particular trait of Mr Carter's ! (usually for his fee). However, when people defend the claim he usually backs down. I will attract the attention of those who know how to deal with him and one of them will be able to guide you through the process of defending this.

 

Kind Regards

 

Ell-enn

[pt2537]

it is unlawful under section 35 County Courts Act 1984 to split one claim into smaller claims.

 

can i ask what were the particulars of claim? and what court was the claim issued in

[icecool]

So looking at your thread, the fact that bryan carter and solicitors are claiming part of the amount is unlawful: section 35 of the County Courts Act 1984 makes it unlawful to split the cause of action into two separate claims.Is requesting a cca the same as requesting for a cpr request?thanks

[pt2537]

So looking at your thread, the fact that bryan carter and solicitors are claiming part of the amount is unlawful: section 35 of the County Courts Act 1984 makes it unlawful to split the cause of action into two separate claims.Is requesting a cca the same as requesting for a cpr request?thanks

 

Hi there

 

no its not the same, a CCA request is made under the provisions of the Consumer Credit Act 1974 whereas a CPR request is made under the Civil Procedure Rules

 

the CCA request cannot be refused and non compliance results in the debt becoming unenforceable , the CPR request has no such efects and non compliance would be a matter for the courts

[icecool]

The claim is filed with northampton county court,i don't know what you mean by particulars,but bryan carter's are acting on behalf of lowells portfolio 1limited, who i think is a DCA.They are claiming for a small amount of the total fee they say i owe on the form. This is from an old hsbc student account, around 6 years ago.

[Ell-enn]

If you look through the claim pack you have received from the court there will be a section headed Particulars of Claim, it's the information in there that PT2537 needs to know.

 

Ell-enn

[icecool]

Particular's"the claimant claims 170.00 such sum being part of a debt due under an agreement number xxxxxx/xxxxxxxx ("the agreement") whereby the defendant agreed to pay the claimant 1022.77 ("the debt")for the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balnce of the debt, which the defendant continues to owe to the claimant under the agreement. The claimant reserves the right to make further claims for such sums of the debt as remain outstanding.

[icecool]

Any further help on this would be greatly appreciated.Thanksplus ideas for how to defend this please

[NailPost]

Others will be here to help you but you should start preparing to acknowledge receipt of the court papers, filing your defence (basically demanding to see all the paperwork that Carters/Lowells etc) have in relaion to their claim and preparing to complain about Carters to the Solicitors Regulation Authority.

As previously stated claiming part of the debt is not allowed and the SRA are keen to stamp it out. They also believed to be keen to stamp out the practice of a debt collector "renting" a solicitor's name.

[icecool]

Hi.Thanks for that. If it does go to court, what type of evidence do i produce?As in what do i put on the defend claim form?Obviously this depends on if they produce a cca? which i have asked for.I can also put it is unlawful to claim the total amount in small amounts,I think the debt could be just over six years old also.any help?

[NailPost]

If they don't produce any paperwork that's the cornerstone of your defence. Indeed that's a perfect defence - they have to prove the debt exists, the sum claimed is correct and they have the right to collect. No paperwork = no debt.

[icecool]

If they produce any paperwork, which hopefully they won'tIs there any defence i can use against them

[Ell-enn]

PT should be back soon, he is the best one to help with your defence.

[icecool]

just checking. i sent the cca request to bryan carters and co.the claimant on the claim form is lowell portfolio 1limited, should i send them a request too?

[icecool]

Hi there.Just a query, i have had 2 credit reports sent to me today from experian and equifax, and they both don't show any default of the above debtIs the above debt supposed to be on the credit reports or if they are not on, does it mean it is statue barred?

[pt2537]

Hi there

 

ok, well , have you sent Brian Carters this letter yet?

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. 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.

 

The information must be furnished within fourteen days of the receipt of this letter. 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. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. 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 *********.(AMEND TO THE COMPANY NAME)

c. 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.

d.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).

e. 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.

f. 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.

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

h. 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.

i. Copies of statements for the entire duration of the credit agreement.

 

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

 

 

I will require this information within the next fourteen 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.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

if not, then as a matter of urgency send it to them obviously amend it to suit your circumstances and remove any irrelevent paragraphs

 

send it via special delivery NOT standard recorded as this letter is extremely important

 

Can you also confirm what i asked previously

 

What court was this issued in? and were there any other documents attached to the claim form?

[icecool]

the claim is for northampton county court.there were no additional documents attached to the claim form, i have posted the particulars of the case abve in the thread. With the claim form came the standard aknowledgemnt, and admission forms. nothing extra from bryan carter.I have sent the above letter to bryan carter, last friday by special delivery.i now have till 7th may to put in a defence. hopefully i will get a response back by that time. i guess it will be quicker to fill in the the online defence form

[icecool]

just checkingI just received my current credit reports, they have no sign of the default on it. is this default supposed to be on the credit report, if it is not on., what does this mean?is it statue barred?

[pt2537]

well it really only means that they havent registered it with the CRA thats all

 

you cant read anymore into it than that and certainly cant say its statute barred until you know when the last acknowledgement of the debt was or when you last paid it

[icecool]

ok thanks pt2537.I guess i just have to wiat if i get the cca within the 12 day limit.

[pt2537]

well, since they have issued a claim, you must file a defence in the alloted time frame,

 

have you filed acknowledgement of service stating an intention to defend the claim?

 

from my experience of carters they do tend to run away quite easily, infact most occaisins they run away after the defence is filed

 

 

when does your defence need to be put in?

[icecool]

hi pt2537yes i have sent acknowledgement of service form in and have checked online, and it states it has been acknowledged by the court.I have till 7th May. Date of service is 9th april.so if i wait till the last moment, i could defend online. can i wait til the 7th may or best to submit day before.also what do i do if the cca request info does not come back to me intime?