Urgent Help Needed Please - Bryan Carter Have issued a Judgement What Do i Do

[wilchy]

Hello everyone again,

 

OK im in a big panic now as I have just recieved a court claim from an EGG CC Debt.

See PIC. I havent got a clue what to do.

Basically this debt was passed onto DLC a few months back and I sent them a CCA request

which they then returned the postal order saying it has nothing to do with them,

 

A few months went by and it was then passed onto Fredericksons,

to which I replied with my CCCS letter of my token payment

along with my expenditure forms to say all I can afford to pay is the £1 token payment,

no replies except the usual threatening letters.

 

I then get the usual (all on here in various different theads by other people) threatening letters from BC.

I again sent them everything I had from CCCS and sent them a CCA request with a £1 PO,

they also returned the PO saying it has nothing to do with them and to carry on making my payments and thats it for this matter.

 

So today I get a Court letter and a BC letter saying:

 

As you have failed to make repayments on the above account we have now issued litigation proceeedings in the County Court.

 

You will receive the claim form in the next 48 hours direct from the Court.

 

You can telephone us on ............ to discuss this matter.

 

If judgment is eneterd .............. blah blah blah.

 

So could someone please advise on what to

Edited August 21, 2010 by wilchy

[Guest]

wilchy

your a/c no. is showing in the PoC? best to blank it out!

[wilchy]

Thanks for that. Will edit and reup.

[wilchy]

Anybody? I just need some reassurance. Its killing me!

[Guest]

imo, it seems that BC et al should have acted upon the cca request! technically,

they maybe in default of the request? they shld also have considered the CCCS!

you could do a CPR 31.14 request for the agreement, and an cpr 18 request for any info?

have you done a sar? (although it can take up to 40 days, it still may be worth doing?)

did you get a Default Notice? a cr must serve a compliant DN prior to terminating, etc if you were in 'default'! any unlawful charges? any missold PPI?

be sure to stick to court deadlines.

also, do a forum search re 'Bryan Carter' for lots of info re others dealing with them.

Edited August 20, 2010 by Ford
typo

[gezwee]

Wilchy

 

You'll probably notice that many are ducking out of posting too much on Egg as theres a hearing in the offing

(assuming yours is the one of many from a couple of years back).

 

Not sure how to advise you unless you are able to confirm value of claim .....less than 5k on small claims track would be best (for you),

noted that BC don't mention a CCA regulated agreement? and £0.00 interest pursuant to S.69

 

Bit more info if possible please, cc or loan and date of inception/draw down

 

You have a few days yet to file a holding defence

 

Gez

[wilchy]

Thanks ford for the reply. That's what I find strange about the CCCS. It's like i said they sent a letter as if to say OK

fair enough you have proved you can only pay the £1 token payment. I have never done a CPR before? Are there letter templates?

I do remember getting a default notice about a year ago. Do I need to put in a defense or anything? Like I said this is all new and very daunting to me.

[wilchy]

Wilchy

 

You'll probably notice that many are ducking out of posting too much on Egg as theres a hearing in the offing

(assuming yours is the one of many from a couple of years back). Not sure how to advise you unless you are able to confirm value of claim .....

less than 5k on small claims track would be best (for you), noted that BC don't mention a CCA regulated agreement? and £0.00 interest pursuant to S.69

 

Bit more info if possible please, cc or loan and date of inception/draw down

 

You have a few days yet to file a holding defence

 

Gez

 

The claim is for less than 5k it's £3000 Inc fees etc. What's this EGG hearing? What does that mean about the CCA you mention and 0.00 interest? To s

.69?

 

It was for a credit card I took out in 2001 what's date of inception/draw down?

 

Sorry for so many q's but I haven't got a clue in all this but I'm sure I will when I'm done.

[Guest]

in the meantime, you could do a cpr 31.14 request for the alleged agreement?

see for egs the 'Sticky' thread re cpr 31.14. http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals-Using-CPR-31-14-to-Your-Advantage

is the Default Notice valid?

you will need to acknowledge the claim, and your intention to defend (if you intend to defend!). as gezwee says, you have some time before doing a defence. and maybe best not to post too much?

Edited August 21, 2010 by Ford
typo

[gezwee]

Hi Wilchy

 

There is/was a thread on here for Egg CC agreements withdrawn pursuant to S.98 of the CCA which is due for a hearing shortly.

 

In your case BC appears to have slipped up slightly in that they make no mention of a CCA regulated agreement, nor do they file for interest pursuant to S.69 of the county courts act.

 

Entirely up to you how you play this one, are there charges or PPI on the account you could counter for or would you be looking to deny the claim in totality? As its only a littlun in the big scheme of things your options are wide open and could include an admission and proposal to pay at minimum rate with little or no risk of charging order application.

 

I'm all for mitigating costs to a minimum so if you're happy to post a little more info re the above we may be able to come up with a suitable plan of attack v BC......... for info, they usually discontinue at first sight of CPR 18

request.

 

Gez

[Guest]

gezwee,

 

technically, cpr 18 is n/a re small claims 27.2 (1)(f), unless part 27.2 (3) applies!?

[gezwee]

Hi Ford

 

You make the request and include in defence, it is up to the D/CJ to decide if request complies with part 27 not the claimant.

 

27.7 then comes in to play at the direction of the court and should always be included within respondent/appellant draft directions.

 

BC will not respond to part 18 requests but it does let them know that you understand protocols and will put them to proof

 

Gez

[Guest]

hi gez

 

imo. technically, cpr 18 is for info only not documents. so, a cr wld not, technically, need to respond to an 18 request for docs. and wld not be in 'trouble' for not doing so. see also for eg http://www.consumeractiongroup.co.uk/forum/showthread.php?255329. making an 18 request re docs wld not therefore demonstrate an 'understanding' of the rules (though i see the poss tactic of making the request anyway , and some may even respond to it) therefore, a cpr 31.14 request re any docs may be more effective!? (although its technically limited to whats mentioned in the statement of case etc) ie failure to comply with a legitimate 31.14 request could be favourable.

Edited August 21, 2010 by Ford
typo

[gezwee]

Hi Ford

 

Its only my opinion but I'd go with a response to the POC via part 18, you're correct in that its a tactic but then how would the respondent know to ask for other docs pursuant to part 31 if there is no mention of CCA within POC?

 

The OP could/should request copy agreement pursuant to Part 31 but beyond that theres little within the POC to identify the type of agreement they are attempting to enforce. This will only become apparent if it reaches aq stage.

 

Gez

[Guest]

hi gez

 

imo.

yes, the cpr 31.14 wld be for the alleged agreement mentioned in the PoC. if they produce something, then that may show what type of alleged agreement it is, and whether it is enforceable? if they don't comply, then OP could apply for strike out, and then judgement under 3.5.?

if ongoing, 31.14 cld also be used again later re anything mentioned in a witness statement eg DN?

i see what you you mean re other docs, that's a poser at this stage. the PoC is vague (maybe deliberately?). (if it was pre lit then 31.16 cld be used re any docs?) an 18 cld also be done, as you say. the 'info' request cld be creative!? (i think there are some posts showing where an 18 has produced results re docs)!

(but wld a competent J strike out, or criticise, where there was an alleged non compliance with an 18 request (re docs) when there is no actual requirement to provide docs under 18?)

Edited August 21, 2010 by Ford
typo

[wilchy]

OK Thanks for the replies Ford and gez, But what your discussing makes no sense to me whatsoever, so could you please advise me on the next step to take? Do I have to write to the court to say im Defending?

[reallymadwoman]

The first thing to do is acknowledge service of the claim form as that gives you more time. You can do that online using the password on the claim form - it might be a good idea to remove that from your first post!

[gezwee]

Hi Wilchy

 

Post #23 http://www.consumeractiongroup.co.uk/forum/showthread.php?266440-CCJ-defence-due-please-help!/page2&highlight=CPR+31 is a good example of a 31.14 request ...... CPR refers to Civil Proceedure rules, guidance notes etc can all be found here http://www.justice.gov.uk/civil/procrules_fin/

 

You'll need to rework the text sufficiently to suit your own circumstances, as Ford says, the POC could be deliberately vague. I'd be inclined to get something in the post to BC on Monday so they are under notice that the 'agreement' is required post haste.

 

Ford posted a good link above to one of pt's old threads re CPR 18 requests and I'd certainly have a good read of what can be asked for in support of your defence.

 

Acknowledgement of claim/service must be effected witin 14 days (+ service days) so you have a few days yet. With regards to your defence, in all honesty you probably won't see anything from BC for a while yet but you should be starting the process of recording CPR requests to assist in your full defence should this ever reach a hearing.

 

Gez

[wilchy]

Thanks again for replies, I will get a CPR done tonight or tomorrow, Should I post it up for you to look at before I send it? Also I tried to enter my details on the court website but it keeps saying invalid claim number or password? Any ideas? Thanks again for your help. I feel alot better about this now.

[Guest]

Thanks again for replies, I will get a CPR done tonight or tomorrow, Should I post it up for you to look at before I send it? if its as per the eg's given then it shld be ok, but yes post it up for further opinion. Also I tried to enter my details on the court website but it keeps saying invalid claim number or password? Any ideas? not sure! maybe an IT glitch? keep trying? maybe give them a call? once acknowledged etc, it will be transferred to your local ct. Thanks again for your help. I feel alot better about this now.

 

..

[Guest]

wilchy

 

OK Thanks for the replies Ford and gez, But what your discussing makes no sense to me whatsoever, sorry about that , was thinking 'aloud' in discussion with gezwee re CPR!

Edited August 21, 2010 by Ford
typo

[RobinWayRobinme]

I've tried to find the copy of POC everyon refers to but can't find it. A CPR 31.14 request for copy doc can only ask for docs referred to in POC or other statement of case. If the POC doesn't refer to any docs, 31.14 can't be used. However, a Part 18 request can be used at this time, even if it is likely to be allocated to small claims as it has not been allocated at the moment. Can't comment any further without seeing the POC.

R

[wilchy]

OK, I have tried to reply to the claim form online but its not having any of it, keeps saying incorrect claim number/password, does this mean I ring them tomorrow?

So do I still send a CPR 31.14 or a part 18? Whatever this is and what I dont get is they know that I can only afford the 1 pound payment so why would they take me to Court over it? I have never missed a payment. Also I have added the PIC again (see below)

Edited August 22, 2010 by wilchy
Added PIC

[wilchy]

Claim Form

 

[wilchy]

Heres my CPR I have done, please check and see if its ok. Thanks (I have obviously removed my details)

 

23/08/2010

Bryan Carter Solicitors LLP

Persimmon House

Dehavilland Drive

Brooklands Business Park

Weybridge

Surrey

KT13 0NT

Dear Sir,

 

Re: EGG Banking PLC v

Case No:

CPR 31.14 Request

 

On 20/08/2010 I received the Claim Form in this case issued by you out of the Northampton County Court Bulk Centre.

 

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 copies of the following documents mentioned in your Particulars of Claim:

 

1) The Credit Card 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.

 

 

 

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