Bryan carter started court action despite case against Lloyds stayed

[bluedannyw]

Hi I need some help pretty quick please.

 

I have had a court case against tsb for unlawful bank charges, whuch has been stayed for over 2 years. I have been harrassed by Lloyds for years for a debt of £800, which I have refused to pay as the court case against them is for more (over £1000).

 

I have told them, their debt collectors Phoenix Recoveries and their solicitors Bryan Carter's maybe years ago that I have a case that has been stayed.

 

However after not hearing from them for months I have now recieved a court claim in the post from Northampton court (mcol).

 

I'm not sure what to do now, I know i need to defend the claim, but not sure what i need to write.

 

Is there a template? Also as i have not heard from them for months surely they cannot start litigation so soon, I believed that they had to prove that they had exhausted all avenues before starting litigation.

 

Also on their claim form it says i have agreed to pay monthly installments which is false.

 

If anyone could help or point me in the right direction it would be very much appreicated.

 

Dan.

[bluedannyw]

help please???

 

bump

[dx100uk]

how old is this?

when was YOUR last financial in/out?

 

there are plenty of threads on bryan carter and what to do

just type the name in our search of the blue bar above.

 

dx

[bluedannyw]

Thanks dx

 

This is for my old tsb account, it is about 4 years since i last used the account, so not statute barred.

 

I have searched under bryan carter and I have searched through tsb, debt collection industry and legal issue pages but cant find anything.

 

All i find under Bryan Carter is about court cases using the no credit agreement route, however mine is an overdraft, which does not require a cca.

 

I just need to know how to start? do i need to acknowledge service online first? and ask for th 28 days to prepare my case?

 

I'm sure since this site started and people have been trying to sue the banks other people have been brought to court whilst waiting for their stayed court case to be settled. So I thought there must be a standard defence to use for this.

[bluedannyw]

Thanks dx

 

This is for my old tsb account, it is about 4 years since i last used the account, so not statute barred.

 

I have searched under bryan carter and I have searched through tsb, debt collection industry and legal issue pages but cant find anything.

 

All i find under Bryan Carter is about court cases using the no credit agreement route, however mine is an overdraft, which does not require a cca.

 

I just need to know how to start? do i need to acknowledge service online first? and ask for th 28 days to prepare my case?

 

I'm sure since this site started and people have been trying to sue the banks other people have been brought to court whilst waiting for their stayed court case to be settled. So I thought there must be a standard defence to use for this.

[bluedannyw]

The claim form through from money claim on line has the following particulars of claim:-

 

The Claimant is for the balance due under an agreement which is now all due and payable.

 

The defendant agreed to pay monthly installments under account number XXXXXXXXXXXX but has failed to do so.

 

and the claimant claims the sum of XXXXX

 

The claimant also claims interest thereon pursuant to s6.9 county court act 1984 limited to one year to the date here of the rate of 8% per annum amounting to XXXX.

 

 

 

The argument is the full some is made up of unlawful charges which i have sued tsb for which has been stayed in court.

I have not heard from them or the court apart from tsb's standard letter saying they one the test case, which they send to everyone who has ever wrote them a complaint.

 

yes i did agree to pay monthly installments, that was 5 years ago, which i was paying to them and others through payplan, and thanks to there constant harrassment for money even though their debt was the least amount I stopped paying them all. Then 3 years ago i started to write to them to write off the debt and finally brought a court case against them.

 

I have never agreed to pay monthly installments to Bryan Carter, so they are lieing in court

[dx100uk]

welcome to the great world of bryan carter the world greatest snake in the grass.

 

well to take you to court they must posses SOME legal paperwork!

though i wouldn't put it past him.

 

the troops will be alone today i'm sure.

 

dx

[bluedannyw]

I believe he will have the correct paperwork.

 

But it is a pretty vagueparticular of claims for a supposed solicitor!

 

I'm not sure if I defend on the argument that they cannot start a court case against me while my account is in dispute, it is stayed in court, that is as high as a dsiputed account can get surely?

 

Or do I now have to defend and counterclaim for my unlawful charges?

[bluedannyw]

Also do I need to send a letter to Bryan Carter stating cpr 31.14 requesting all info they hold on me, if so is there a template for this?

 

Also how long do they have to reply with the details? Because if they take too long this can hold up any decisios made for the defence.

[bluedannyw]

bump

[Ell-enn]

Have you acknowledged the claim on line with your intention to defend?

 

This will give you a further 14 days (on top of the 14 you already have from receipt of the claim), to get your defence together. Carter usually withdraws the claim when people say they are defending

[bluedannyw]

cheers Ellen

 

I do hope so, so do I acknowledge the claim and tick the box that i am disputing the total amount?

[Ell-enn]

Yes, that's right. What date did you receive the claim form from Northampton?

[bluedannyw]

Yesterday the 15th of July

 

Do you know if there is any similar defences to what I require that I can amend?

 

There must have been a few people on here who have been brought to court whilst their case against the bank was stayed.

[Ell-enn]

I'll try and find some help with your defence. Make sure you acknowledge service and intention to defend, then we'll have enough time to get it sorted for you.

 

The Cavalry will be here shortly

[bluedannyw]

Thank you ever so much Ellen, was starting to get a little worried.

 

Is there any need to send the CPR 31.14 to ask for all info? or is this needed more for the CCA route?

[citizenB]

What was the date of issue of the claim form, that way we can work out what timescales you have to stick to. You will find the date of issue top right hand corner of the claim form, under the claim number.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/255329-cpr-18-cpr-31-a.html

 

Two threads you should read. They will advise how you obtain documents required.

[pt2537]

its an................ Abuse of the process

 

The only thing Carter can expect here..................... is to be struck out

 

Im sure one of the other team members will be along to fill in the gaps soon enough

[bluedannyw]

thanks Citizen and PT2537.

 

The date of issue in the top right hand corner is 12/Jul/10

 

I shall have a read through the threads you've posted the links for.

 

I notice that the claimant is Phoenix Recoveries? These are the dca but they have not bought the debt from tsb.

 

Thanks again

[bluedannyw]

I'm trying to acknowledge service on mcol but am being a bit thick!

 

It asked for your unique reference number. Do you have to make something up? or if you leave it blank will it make one up for you.

 

It also asks for a DX number so that documents can be sent using this method! what is this number?

[citizenB]

No you are not being thick. They have apparently made their site more "user friendly".

 

Follow the link below

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

 

The section you want is the middle box as below.

 

xx

Register as an Individual

 

 

 

 

 

You should register as an Individual if:

 

 

You wish to make a claim against someone who owes you money.

 

You wish to respond to a claim that has been made against you.

 

Register

 

 

 

 

You should follow the register link and you will be asked to make up your own password and complete any required fields. You will be then given a Gateway number that looks something like this..

 

Government Gateweay

 

there will be 3 groups of 4 numbers. Print the page off so you dont forget the number. You will require it to log on in future.

 

Later on you will be sent an activiation code to the email address you have given. Keep a note of that as well.. cos if you lose your password then they will not be able to recover it for you.

 

Once you have been sent the activation code, you will be able to log on using the Gateway code, then the password you have made up.

 

HTH

[Ell-enn]

I've taken some advice for you from another member of the team more experienced in these situations. It is suggested that you write to Carter giving him the opportunity to withdraw the claim or you will apply to the court to have his claim struck out - the reason being that it is an abuse of process.

 

If you need help with the letter let me know and I'll draft one for you. Of course anything you send to Carter must be sent by either recorded or special delivery

[bluedannyw]

Thanks Citizen I have now acknowledged the claim.

 

Cheers Ellen, if you could help draft a letter to Bryan Carter's it would be much appreciated.

 

Is it worth requesting they withdraw the claim like you have said but also request all documentation using the cpr 31.14?

 

If I do send this how long do I give them to reply?

[bluedannyw]

Thanks Citizen I have now acknowledged the claim.

 

Cheers Ellen, if you could help draft a letter to Bryan Carter's it would be much appreciated.

 

Is it worth requesting they withdraw the claim like you have said but also request all documentation using the cpr 31.14?

 

If I do send this how long do I give them to reply?