Carter claimform - old Egg Loan 'debt' - stayed

[BonM]

Hi Guys,

 

Have read with interest some of these threads regarding BC, seems they are well liked.

 

I have been dealing with payplan on a debt solution plan since 2007. I have held this debt since 2006. The debt is for a Loan started in 2005. The Current Balance of the loan is £6729.00 I first defaulted back in August 2007.

 

This has been passed to Bryan Carter, I have been dealing with payplan as said, and have sometimes not been able to afford payment, it varies on month by month but in general I have paid where I could through payplan. I had missed the last three months payment and have this morning received a letter from Bryan Carter informing me they are issuing litigation proceedings in the county court and that I will receive the form from the court in the next 48 hours.

 

If judgement is entered against me and remains unsatisfied it will remain on judgement for 6 years.

 

So far this is what I have received from them.

 

I have had conversations with them in the past, when payments have been missed and told them to call me on a certain date when I get paid to bring the account up to date, but they never did this.

 

Anyway, I have never entered into any agreement or signed anything with Bryan Carter, I did the application hand written back in 2005 and Egg approved it.

 

Can I get some advice and help on this guys, would be greatly appreciated.

 

Many thanks

 

M

[twofoot]

I'd suggest everything must be in writing and send recorded from now on. You will need to do a CPR for the CCA as a normal CCA request is not good enough, You need a signed and properly executed agreement. Someone will no doubt post you a letter to send once you have the court letter to hand. When you do get it post up the particulars of claim then you'll get the right advice. You'll also need to request NOA and default notices. Carter is a pain but easily dealt with when you know what to do.

[BonM]

Thanks twofoot,

 

I will ensure everything is in writing and send recorded. Can you help me with the teriminology here, not too familiar with the jargon, CPR CCA NOA.

 

Thanks for any advice given, greatly appreciated

[postggj]

if carter has this then he will issue an n1 claim

 

dont panic, its normal

 

he tries to get a judgement by default

 

when you get the claim form , you acknowledge it and say you are defending the claim in full

 

the claim form will prob come from northampton money claim on line

 

on the claim form will be a password so everything can be done on line

 

you then send carter a cpr request

 

he has to release certain documents to aid your defence

Civil PROCEDURE RUES CPR

 

THAT WOULD BE THE ORIGINAL CONSUMER CREDIT AGREEMENT, CCA, DEFAULT NOTICE, NOTICE OF ASSIGNMENT

 

WE THEN PUT IN AN EMBARRASSED DEFENCE AS HE WONT COMPLY

 

ITS A CIRCUS, A GAME

 

PLAY ALONG

 

ANY BODY CAN ISSUE A CLAIM

GOING THROUGH WITH IT IS A DIFFERENT MATTER

 

PUT IN A DEFENCE AND CARTER PULLS OUT AS THE NORM

 

Procedure

[twofoot]

CPR = civil procedure rules, used for obtaining documents

CCA consumer credit agreement

NOA notice of assignment

[BonM]

Thanks for your help so far everyone once I receive the document from the court I will upload all info and we can take it from there.

 

Many thanks again, I will update as soon as received

 

M

[The GodMother]

you also need to watch out for carters trick of splitting the claim. he goes for his costs normally and admits to it on the forms buy reserving the right to claim for the balance at a later date.

[NailPost]

What Godmother says is often the case but she forgt to say that in doing so he does not have the right to continue the claim time after time. A ccj is a one-off application. Some have said that paying this split claim, usually for about a tenth of the total claim, is worth the hassle of raising the money as it gets Carter off your back and stiffs the original creditor. My view is that Carter should only receive a penny if he has the proper paprerwork in the correct format and has provided these in good time. Keep in touch and there will be pleny of advice and support forthcoming.

[vint1954]

It would pay to get all of your letters and documents together now, especially the Default Notice if you have one. The dates and amount claimed are of particular importance.

[The GodMother]

NP is also right but BC usually backs down when you point out in ur defence that he is breaking the law.

[BonM]

Thanks guys, I do not have a default notice in terms of paper work, I know when the date was defaulted, as it states this on my credit report but that was back with Egg, I have not received a default from BC. I really do not have much paperwork just a couple of letters from BC, which to be honest, I can get all the paper work I need from BC with regards to the CPR anyhow. As soon as I get the form from the court which he claims will be within 48 hours, I will do all necessary, and Psot the actual claim on here for further assistance, thanks very much so far for all of your help guys, much appreciated.

 

M

[NailPost]

The whole point of defending claims made by Carter is to challenge his firm to produce the paperwork. As soon as they realise you may know something they would prefer you not to know they throw in the towel, wave the white flag and send everyone concerned a notice of discontinuance. It would be fun to find out how many claims Carters file with the authorities in a week/month or year and to find out how many are discontinued.

[jimbo45]

Hi all

I can't add anything to the excellent advice here -- but I do get worried when I see people worrying about a "Credit Record".

 

If you've been in default -- then for whatever reason you've had credit problems

 

So once you get this problem solved (successfully I hope as BC obviously has such a "fine upstanding pillar of the community" reputation) don't bother again with Credit again -- it's livable withouit --needs a bit of adjustment of course -- but then YOU are in control --and people like equifax / experian etc can go and take a hike.

 

The default WILL stay on file - but there's plenty of people to help you solve the BC issue.

 

CCA and SAR are the first ports of call of course.

 

Incidentally having CCJ's / adverse credit won't actually stop you getting a mortgage when (as it will) the market picks up a bit. You'll have to pay a bit more - that's the only drawback - but as I said the amount you will have saved by not having other EXPENSIVE credit should easily make the higher payments affordable.

 

 

People sometimes seem to worry more over their Credit ratings than actually being able to pay the debts.

 

I HATE DCA's with a passion -- maybe we can in future legislation stop debts being "Sold" - or if they are then the same rules should be applied to selling on tickets at Sports / Entertainment media - the ticket can't be sold on for more than its face value.

 

If a Debt is sold on then the debtor should NEVER have to pay more than what the purchaser of the debt got for it.

 

Maybe we'll see "packages of debts" being sold off on e-bay.

 

Cheers

jimbo

[The GodMother]

Hi all

I can't add anything to the excellent advice here -- but I do get worried when I see people worrying about a "Credit Record".

 

If you've been in default -- then for whatever reason you've had credit problems

 

So once you get this problem solved (successfully I hope as BC obviously has such a "fine upstanding pillar of the community" reputation) lol don't bother again with Credit again -- it's livable withouit --needs a bit of adjustment of course -- but then YOU are in control --and people like equifax / experian etc can go and take a hike. Seconded

 

The default WILL stay on file - but there's plenty of people to help you solve the BC issue. you could fight but it will be long and hard and u may not win.

 

CCA and SAR are the first ports of call of course.

 

Incidentally having CCJ's / adverse credit won't actually stop you getting a mortgage when (as it will) the market picks up a bit. You'll have to pay a bit more - that's the only drawback - but as I said the amount you will have saved by not having other EXPENSIVE credit should easily make the higher payments affordable.

 

 

People sometimes seem to worry more over their Credit ratings than actually being able to pay the debts.

 

I HATE DCA's with a passion -- maybe we can in future legislation stop debts being "Sold" - or if they are then the same rules should be applied to selling on tickets at Sports / Entertainment media - the ticket can't be sold on for more than its face value.

 

If a Debt is sold on then the debtor should NEVER have to pay more than what the purchaser of the debt got for it.

 

Maybe we'll see "packages of debts" being sold off on e-bay.

 

Cheers

jimbo

 

 

Who wants there own house anyway? its to much of a headache as if summing goes wrong u need to sort it rather than ur landlord.

[The GodMother]

The whole point of defending claims made by Carter is to challenge his firm to produce the paperwork. As soon as they realise you may know something they would prefer you not to know they throw in the towel, wave the white flag and send everyone concerned a notice of discontinuance. It would be fun to find out how many claims Carters file with the authorities in a week/month or year and to find out how many are discontinued.

 

Np in relation to the highlighted in red paragraph could we get this information with a freedom of information request?

[BonM]

OK, today I have received the Claim Form, and the claim is as follows.

 

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

 

The defendant agreed to pay monthly instalments under account number 22568667 but has failed to do so and the claimant claims the sum of 6863.12 The claimant also claims the interest thereon pursuant to S.69 county court act 1984 limited to one year to the fate hereof at the rate of 8% per annum amounting to 0.00

 

Amount Claimed 6863.12

Court Fee 190.00

Solicitors costs 100.00

Total Amount 7153.12

 

OK, So I assume I only fill in the defence and counterclaim form, but what I need to know is, what do I put as the defence and any other relevant information. I would really appreciate all of your help and feedback, thank you very much for your help so far, greatly appreciated.

 

M

[DonkeyB]

Was the claim form from Northampton CC? The answer to this will inform the content of the CPR request as well as the defence.

 

This would probably be assigned to fast track which will deter Carter somewhat.

[BonM]

yes was from northampton, incidentally, I am not sure how to go about what I should do now, or, more likely, not sure how to put it to them and how to structure it correctly, any more help would be greatly appreciated.

 

Thanks

Edited January 27, 2010 by BonM

[The GodMother]

Ok then here goes.

 

You have got the help on this thread so u wont need much more from ppl.

 

Where l can help i will and NP will more likely point out where l have gone wrong.

 

On the claim forum u will have a pass word and code as well as a website that you will put all that into. U need to acknowledge claim on that website indicating that you intend to defend all the claim. BC will be told you have done this but this is standard procedure. You then get a further 14 days to submit a defence in regards to this on top of the 14 days you already have.

First thing tomorrow morning you will need to send BC a CPR , will be posted later, by recorded delivery DO NOT SIGN THIS. Give BC 10 days to get you the info. BC will more than likely refuse the info he is known for this dont worry we can sort him out with this at a later date.

will be back with your cpr.

[The GodMother]

Account In Dispute

 

Dear Bryan Carter,

 

I acknowledge receipt of Court papers sent by Northampth BCC on Enter date of the papers which was received on enter date recieved.

Please be aware that any proceedings will be extremely vigorously defended and that a counterclaim will be made against Bryan carter. I am unable to respond further at this time, since you have given me inadequate information to investigate the claim. Please note that under the Overriding Objectives, you have a duty to act reasonably at all times.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate information to investigate your claim.

To enable me to investigate this 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.

If you fail to disclose this information, I may apply to the court under Part 18 and part 31 of the civil procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

 

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

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 by your company, or by any previous creditor.

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 ** CREDITOR **.

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 will seek to rely upon 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.

 

Please note, I will respond to your claim in full within 14 days of your providing this information. I must advise you that if the information is not forthcoming, or if you start proceedings without furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

 

I would appreciate your due diligence in this matter.

You have till the , 10 days, to furnish me with this information or l will be reporting this to thecourts.

I await your rapid response.

Yours Faithfully,

PRINT DO NOT SIGN

MAKE ANY CHANGES YOU NEED BUT I HAVE PUT STUFF IN BLUE FOR YOU THAT I HAVE CHANGED.

[BonM]

WOW!

 

I don't know what to say, thank you very much, I will send this off (unsigned) and see how it goes. again, my thanks to you and will keep you posted as to how i am getting along. you guys rock!

[themagician]

WOW!

 

I don't know what to say, thank you very much, I will send this off (unsigned) and see how it goes. again, my thanks to you and will keep you posted as to how i am getting along. you guys rock!

just to let you know i sent carter a cpr within 2 wks he discontinued ,but still going to court for my defendants costs anyway!

[The GodMother]

thats normal Magcian.

[BonM]

i Guys, update time.

 

So I sent the letter ( shown here in an earlier post) recorded delivery to BC and kept everything, I gave them until today to respond, they did not. Where do I go from here, any ideas/advice is greatly appreciated.

 

Thanks

 

M

[twofoot]

This is normal with BC as it's been said. I think the next step is to submit an embarassed defence. This will bump your post and someone will hopefully post your defense. Do you know what date your defense needs to be in by? There are a few BC threads with defenses in them if you scout round.