Bryan Carter HELP

[Paniced]

I have received Court papers from Bryan Carter in Northampton CC,on behalf of Egg Credit Card.

 

HELP what should I do , Im a Single Mum with 3 Children on benefits, with only enough money to survive.

 

I do owe some money to Egg, but they added Payment Protection, which was not requested, also feel they were compliant in my debt by offering me a credit card while my only income is state benefits.

 

 

Should i send Admission and My Personal details(Finance).

Or is there any other way I Should Proceed.

 

Hope some nice people on here can Advise on my next step.

 

Thanks in advance.

[havinastella]

Hi and Welcome to Cag

 

 

Firstly, calm down, you have found the right place.

 

Second, you need to acknowledge service with the intention to defend all.

 

Jogs

[rippedoffagain]

Are they claiming the full amount, or only part?

[havinastella]

yes, next thing is to post up the POC, remove all information that could reveil who you are.

 

Jogs

[Paniced]

Thanks Thats Quick

 

" service with the intention", Does that get Sent to Court?

 

They Are claiming Full Amount.

 

Wots a POC:confused:

[havinastella]

Thanks Thats Quick

 

" service with the intention", Does that get Sent to Court?

 

They Are claiming Full Amount.

 

Wots a POC:confused:

 

On the claim form, it will say "Particulars of Claim" (POC)

 

If you received the papers from Northampton, there should be a password so you can submit the AOS online.

 

Jogs

[rippedoffagain]

Thanks Thats Quick

 

" service with the intention", Does that get Sent to Court?

 

They Are claiming Full Amount.

 

Wots a POC:confused:

 

Sorry Paniced POC = Particulars of Claim. Either scan the claim form (remove your details) and post it on here, or type in what the POC says.

[rippedoffagain]

Edit.

 

Duplicate.

[Paniced]

Ahh POC particulars of Claim says -

 

THE CLAIMENTS CLAIM IS FOR THE BALENCE DUE UNDER AN AGREEMENT WHICH IS NOW DUE and PAYABLE.

 

THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTSUNDER ACCOUNT NUMBER XXXXXx BUT HAS FAILED TO DO SO.

 

AND THE CLAIMENT CLAIMS THE SUM OF 879.18

 

THE CLAIMENT ALSO CLAIMS INTREST THEREON PURSUANTTOS69COUNTY COURT ACT1984 LIMITED to ONE YEARto The DATE HEREON AT THE RATE of 8% PER ANNUM AMOUNTING to 0.00

 

 

Amount Claimed 879.18

Court Fee 55.00

Solicitors Cost 70.00

TOTAL 1004.18

[havinastella]

OK,

 

Make sure you have acknowledged service (most import)

 

You will need to send the solicitors a letter, I'll post it up from my other PC.

 

Jogs

[bazaar]

Stella, you have to use the word solicitor very loosely:D

[Paniced]

Further to This the POC has a password to respond ' moneyclaim.gov.uk

 

Should I do this???

 

much Thanks Peepz

[42man]

Hi Paniced....you are getting some good advice here. Firstly, you get 14 days from the date on the claim form in which to acknowledge receipt of the claim form IF it is your intention to defend all of the claim then you state that you will be defending the whole claim....then you get a further 14+3 days in which to submit your defence.

 

In the first instance send this letter below to Brian Carters by recorded delivery....

 

Although your POC's dont specifically state defaults/assignments it can be presumed that this will be governed by the Consumer Credit Act 1974....

 

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.

 

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 the default notice*

 

4 the termination notice*

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

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

[42man]

It is too early to submit a defence....but you need to keep a close eye on the timescales....and please do spend some time reading round these forums...

[havinastella]

TY 42man,

 

I couldn't get downstairs to post it up (bloody back)

 

Jogs

[Paniced]

Thanks 42man & jogs , will send Letter Tomoz (not sure what it means:confused:).

 

Also Should I Fill Acknowledgment of service, and also Respond to http://www.moneyclaim.gov.uk:confused:

 

Thanks again for any help anyone:)

[Paniced]

Hi Nice peepz:)

Sent Letter as 42Man Suggested (with my details).

Went to Acknowledge Service, and am still in a Muddle, do I need to Tick Contest Juristriction Box:eek: ???

 

 

JUST Had another thought , (Having browsed the Forum), Should I added a Fee???

 

More Panicking x

Edited March 23, 2009 by Paniced
Amended

[DonkeyB]

If your agreement is pre-2005, this may be worth a look, care of pt.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html#post2024413

[heliosfa]

Hi Nice peepz:)

Sent Letter as 42Man Suggested (with my details).

Went to Acknowledge Service, and am still in a Muddle, do I need to Tick Contest Juristriction Box:eek: ???

 

 

JUST Had another thought , (Having browsed the Forum), Should I added a Fee???

 

More Panicking x

 

Hi Paniced,

 

firstly - stay calm, there are lots of good people here who will help you out!

 

To try and answer your questions:

You don't click "Contest Jurisdiction" as that is for where you beleive the court has no power, e.g. English court in a Scottish case. You probably want to click Defend All. Even if you do "Defend All" and change your mind later, you can make offers of payment, etc.

 

A CPR request doesn't need a fee. CCA and SAR requests do, but you aren't doing those yet. IF other people are in agreement, it might be an idea to send a CCA to Egg though...

 

 

 

Now, as for their POC, as shabby as always! First hole - Under the County Courts Act, they are not allowed to claim interest on an agreement regulated by the Consumer Credit Act 1974.

 

 

Other questions that may hep othrs trying to help you -

• Is the account number right?
  
  
• Did they ever serve a Default Notice? if so, can you scan &post a copy of it, or at least the date of the notice and the date required to remedy.
  
  
• Are there any late payment/overlimit/default charges on the account? if so, how much?
  
  
• Is the balance they claim accurate?
  
  

Don't worry, everyonehere will try and help you

 

Thanks,

H

[Paniced]

:eek:Help, Help & thrice Help.

 

SEnt Recorded Del to Bryan Carter on 23/0309 (As Suggested by 42Man on 19th) Post office Cannot Confirm Del of this yet! . Dont Know what to Do Now as suppose to watch the Time????

 

 

My Original Request for Help Was as Follows

I have received Court papers from Bryan Carter in Northampton CC,on behalf of Egg Credit Card.

 

HELP what should I do , Im a Single Mum with 3 Children on benefits, with only enough money to survive.

 

I do owe some money to Egg, but they added Payment Protection, which was not requested, also feel they were compliant in my debt by offering me a credit card while my only income is state benefits.

 

 

Should i send Admission and My Personal details(Finance).

Or is there any other way I Should Proceed.

 

Hope some nice people on here can Advise on my next step.

 

Thanks in advance.

[42man]

Still no reply to the CPR ?

 

I've cut and pasted a few bits from here - Help - Mum being taken to court by Link Financial.

 

 

In the xxxxxxxx County Court

Claim number

 

 

 

 

 

Between

 

 

 

xxxxxxxxxxx- Claimant

 

and

 

 

- Defendant

 

 

 

Defence

 

1. I xxxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due,or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof.

 

5. The Defendant denies that the Claimant is entitled to any of the relief claimed at all.

[Paniced]

Thank You 42 Man,

 

No Response from the Claimant (loose term) , nor have I heard anything from court

 

Do I mail letter this to the Court ? (with my Details) , or do I e-mail it?.

 

Thank You

 

Ps Noticed on a few other Threads Bryan Carter sometimes refuses recorded del Letters