brian carter and co county court claim

[debthead1]

Please help!

Today my husband received a claim form from northampton cc saying brian carter and co have issued a claim on behalf of egg. Is there anything we can do to prevent getting a ccj? How long does it normally take for this to actually go to court? We rang brian carter and co and they said we would receive a ccj no matter what unless we paid within one week, and said they would accept a redced settlement (offered to reduce by about 33%). We are planning to defend the claim, and will send them a cca letter and a letter requesting all info they are relying upon. Is there any point in us doing this?

We would be so grateful for any help anybody could give us.

Thanks

[haggis1984]

Im not to hot on court procedures so cant advise you too much on that but their talking rubish when they say you will recieve a ccj no matter what. They have to win first!

 

Theres defo a chance they dont have a valid credit agreement so thats worth requesting - although do this using the civil procedure rules rather than a cca letter (hopefully someone more knowledgable will come along to explain this properly). Also request all the account statements, the default notice and communications log in this.

 

Id imagine theres plenty of default/admin/overlimit charges included in the balance so you can use this towards your defence also.

 

Couple of Qs:

 

How much is the balance roughly?

When was the credit card taken out?

Have you got all your old statements or can you access them online and add up all the charges,

Have you got the default notice? If so scan this into your comp and post it on here so we can see if its valid.

Is there payment protection insurance on the account? If so add up the total paid in this.

 

Best case scenario they dont have a valid credit agreement, they screwed up the default notice and owe you a load of money in charges

 

And even if you loose the judge wont order you to pay any more than you can afford per month.

[cymruambyth]

Hi, welcome to CAG, you will find lots of support and guidance here.

You need to keep to the time scales on this. As haggis said they have to prove to the court that they have a case.

If you can give more information about the alleged debt and post the Particulars of Claim from the court document you will have some help. You need to acknowledge service online (following instructions from the court) and say you are defending whole amount. This will in effect give 28 days to assemble your defence.

You also need to send a CPR31.14 to the solicitors requesting copies of the information on your POC. See this thread for letters and extra informationhttp://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html.

Then if and when you get anything post it (minus personal details) for any more help.

 

Good luck

[debthead1]

Thanks,

We don't have the credit agreement, or even any default notices or statements and can't access them online. He had both a card and loan with egg, and has been paying them a direct debit, which he thought was for both. We are both so worried, really don't want a ccj.

[debthead1]

particulars of claim says:

"The claimant's claim is for the balance due under an agreement which is now all due and payable.

The defendant agreed to pay monthly instalments under account number ********************** but has failed to do so

And the claimant claims the sum of 1960.00

The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00"

 

Please help if u can!

[cymruambyth]

As I posted earlier, your 2 priorities are to acknowledge service on line and to send the CPR 31.14 requesting documents. You need to amend this to suit your situation. Do not sign any documents to Brian Carter, and send everything recorded or special delivery, keeping proof of postage and delivery.

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 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[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]#

 

# delete if claim for a sum exceeding £5,000.00

 

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

 

Also look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html

[eggface]

hi there, i'm in the same boat as you, with them there Carters!! i've sent my defence to them and now awaiting on the outcome.

 

I've got some grand advice from here and hopefully more to come, so i'll be reading on your steps.

[eggface]

oh and make sure you defend it online, then you'll have more time to sort.

[haggis1984]

As I posted earlier, your 2 priorities are to acknowledge service on line and to send the CPR 31.14 requesting documents. You need to amend this to suit your situation. Do not sign any documents to Brian Carter, and send everything recorded or special delivery, keeping proof of postage and delivery.

 

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 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[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]#

 

# delete if claim for a sum exceeding £5,000.00

 

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

 

Also look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/188093-egg-credit-agreements-what.html[/quote]

 

 

 

 

Could the OP request the account statements with this letter too?

[cymruambyth]

From my ignorance, nothing ventured, nothing gained. It could be argued from the poc that as monthly payments are mentioed, then statements need to be seen to prove failure to pay.

[haggis1984]

From my ignorance, nothing ventured, nothing gained. It could be argued from the poc that as monthly payments are mentioed, then statements need to be seen to prove failure to pay.

 

Cool. I was thinking so that the OP can figure out how much of the balance is made of charges or ppi. Perhaps send an SAR too to cover all bases?

[debthead1]

how long would they have to reply to a subject access request please?

[haggis1984]

how long would they have to reply to a subject access request please?

 

40 days - thats why im unsure if thered be any point in this now

[cymruambyth]

THat was my feelings. I think that if no information is received then an embarrassed defence could be entered whilst further information is gathered.

If you haven't had any more replies it may be worth bumping, or re-asking the question in the morning.

[debthead1]

Thank you so much for helping

[steven4064]

Haggis asked me to look in

We rang brian carter and co and they said we would receive a ccj no matter what unless we paid within one week,

Well, they would, wouldn't they

 

I think what cymruambyth says is the only approach at this stage - put in a defence that says you have no information and that BC have not provided you with any (embarassed defence). Make sure you add at the end "I respectfully request the court's leave to submit an amended defence if and when the claimant provides the necssary information"

[haggis1984]

Whatd you reckon about obtaining statements to figure out charges/ppi. Worthwile putting in an SAR or just stick to the CPR request?

[r&b]

Whatd you reckon about obtaining statements to figure out charges/ppi. Worthwile putting in an SAR or just stick to the CPR request?

 

do both. altho the SAR takes a long while, so does the court process and it can potentially throw up some useful ammo for further down the line. send it (SAR) to the OCs regstd address with a £10 postal order and either use a diff signature to normal or print (some return them with a facetious letter about not knowing its u if u dont sign in some form).

gd example of SAR from palomino post 14 here if reqd:

http://www.consumeractiongroup.co.uk/forum/legal-issues/192486-court-claim-o-draft.html

 

dont know if anyone has mentioned, but they are unable to claim s69 interest on a regulated agreement, just the interest due within that agreement (ie. none if they dont have an enforceable one!!)

 

btw when does this debt date from?

Edited September 22, 2009 by r&b

[debthead1]

i sent cca and cpr request yesterday, will also send subject access request asap.

It dates back to around 2004/05

Thanks for your help!

[debthead1]

They wrote back, acknowledged request and said they are waiting for instructions from their client (egg), and that the account is on hold.....???

[r&b]

just make sure u keep to any court deadlines.

[haggis1984]

They wrote back, acknowledged request and said they are waiting for instructions from their client (egg), and that the account is on hold.....???

 

Cool, means their not going to take any further action for the time being.

[r&b]

Cool, means their not going to take any further action for the time being.

 

dont take their word for anth!!!!!!

have u a defence to put in in respect of this? if so make sure its in on time. they have said the account is on hold but the court process rumbles on!!!!!

[haggis1984]

dont take their word for anth!!!!!!

have u a defence to put in in respect of this? if so make sure its in on time. they have said the account is on hold but the court process rumbles on!!!!!

 

Didnt mean to imply that you can sit back and relax though! As r&b says make sure you keep do the court dates

[thescorpion]

Sunday, 04 October 09.

 

I have a hearing on my matter next Wednesday. Please help. I don't know how to post a question. Sorry for my thickness. Thank you.