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Help needed. Bryan carter issues court claim form.


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Hi

 

I have received a claim form from Northampton court issued by Bryan Carter solicitors. This on behalf of Aktiv captital for a Egg credit card agreement of mine that they have purchased.

What i really need to know is where to go next?? I did originally send a CCA request to Egg via a debt collection agency and got the standard terms and conditions rubbish. Due to this the account entered a default back in May 2009. Then another DC company started. The CCA request was then sent again and the standard rubbish. The account entered default again in July 2009. All went very quiet until late last year when up popped Aktiv capital. I did not bother sending them a CCA request as this had been done twice before. Now i have received the court letter.

Any help welcome as this is the first time i have had one of these and i'm not quite sure what to do now.

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Hello nilrs, welcome to the CAG.

 

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Hi

 

I have received a claim form from Northampton court issued by Bryan Carter solicitors. This on behalf of Aktiv captital for a Egg credit card agreement of mine that they have purchased.

What i really need to know is where to go next?? I did originally send a CCA request to Egg via a debt collection agency and got the standard terms and conditions rubbish. Due to this the account entered a default back in May 2009. Then another DC company started. The CCA request was then sent again and the standard rubbish. The account entered default again in July 2009. All went very quiet until late last year when up popped Aktiv capital. I did not bother sending them a CCA request as this had been done twice before. Now i have received the court letter.

Any help welcome as this is the first time i have had one of these and i'm not quite sure what to do now.

 

You do not need to send multiple CCA requests, one will suffice and whilst it is possible for Egg to fulfil the cca request with veryt meagre documentation, once it gets into court you should use CPR to obtain copies of the original

 

Are Carters claiming the full amount owed or a lesser amount? They do have a habit of litigating at the drop of a hat, however they like splitting claims which is unlawful, but can be used to your own benefit

 

Are there any charges or PPI on the account?

Hope this helps

 

 

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Can you scan and post up the Particulars of Claim with all personal details and ref numbers removed? When did you receive this and have you acknowledged it yet?

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They are claiming for the full amount. I'm sure there is charges on the account not quite sure about ppi. I will check that later when I return home.

 

I received it on Saturday and I have not acknowledged it yet.

Edited by nilrs
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nilrs

if aktiv are claiming, then are they an assignee? did you get any notice of assignment?

what did they send you in response to your cca request?

did you get a default notice? if so, was it compliant?

did you stop payments? if so, when?

you'll need to acknowledge just now whether or not you intend to defend.

if you intend to defend, you could do an cpr 31.14 request for any 'documents' mentioned in the claim form ie the agreement. you could also do a request under cpr 18 for any favourable further info/clarification regarding any matter.

have you previously done a subject access request?

some info

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

IMO

:-):rant:

 

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I did get a notice of assignment from Egg in April 2010 saying they had sold the account to Aktiv Kapital. I did not get a reply from the CCA request and unfortuneately i can't find the recorded post slip so i have no proof of sending it.

I don't beleive i ever got a default notice from them and i've have never made any payment to AKtiv Kapital.

 

I've now acknowledged the claim and i am defending it. Would it be worth sending both cpr's??

 

Any help from anybody would really be appreciated as this is all new ground to me and it's a little be scarey to say the least!!

 

Thanks

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Here is the CPR 31 request for starter. Have you acknowledged this and said you will defend? the POC is so vague this is all you can ask for

 

CPR 31.14 Request

 

In Reference to Claim xxxxx issued by you out of the xxxxxxxx county court .

 

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 the document’s mentioned in your Particulars of Claim:

 

1 the agreement.

 

2 the statements of account

 

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.

 

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

 

XXXXXXXXXXXXX

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nilrs

you said in your first post that you previously sent cca requests, and were sent some terms/conditions? what exactly did they send you? did it satisfy s78?

did you do a cca request to aktiv? and you say they haven't replied?

did you receive a def notice at any time? they'll need to be put to strict proof that one was sent.

double check that the notice of assignment is all in order?

double check for any charges/missold ppi?

also consider any poss unfairness re s140 cca?

at this stage, cpr 31.14 can be done re docs they mention in the claim form. and an 18 can be done to suit.

also consider trying for an agreed extension re the deadline for submitting your defence under civil procedure rule 15.5?

 

imo

Edited by Ford
typ

IMO

:-):rant:

 

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They sent a copy of their terms and coditions leaflet the one they send everybody when ever they change the terms and conditions. There was no copy of the agreement sent.

I did send Aktiv a cca request but I never heard back from them. But this is my word against theirs as I can not find the recorded post slip.

Do you mean a a def notice from Aktiv ? I did receive one from egg back in 2009.

How Can I check if the notice of assignment is in order? Not quite sure what I am looking for. Looking at it it does not have my name on it neither does it have my account number on. It starts dear customer. Does this make any difference??

 

Sorry for all the questions.

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nilrs

if you have a spare quid you could do another cca request to aktiv/bc. do it via recorded delivery if you can, or at the very least with proof of posting. they can send a 'reconstituted' version that should also include terms at the time of the agreement. but, if it turns out that they are unable to satisfy the cca request, then it may also be a bar to enforcement.

check whether the default notice is compliant.

imo

 

bump re Notice of Assignment formalities.

Edited by Ford
typ

IMO

:-):rant:

 

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  • 2 weeks later...

I have received a letter today from Bryan Carter.

 

It reads:

 

Thank you for your recent letter the contents has been noted.

 

We confirm we have requested the necessary documentation from our client and hope to revert to you shortly.

 

We do require a further 28 day extension in order to obtain and file these documents.

 

We look forward to hearing from you in due course.

 

Yours sincerely

BRYAN CARTER

 

Can anybody please advise me what i do next. Do I have to let the court know that they require the extension or will they do that?

 

Sorry but this is all new ground to me.

 

Many thanks in advance.

 

Nilrs

Edited by nilrs
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Yes - let the court know

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  • 4 weeks later...

Hi

 

I have received a reply for Bryan Carters it reads

 

We refer to the above matter.

 

Please find enclosed copies of :

Notice of default screen print

Default notice template

statements

 

These documents relate to your account which clarifies your liability in this matter.

Please forward your payment proposals to our offices within the next ten days, failing which we will pursue through the court for the full outstading balance plus further costs.

 

The default notice they have sent me has no details on it. (no figures, no name or address or account number etc etc. It is just a blank default notice.

Not quite sure what the screen dumps are about. They appear to have the date on them when they issued a default notice.

 

I have no copy of a credit agreement from them.

 

They have sent me various statements from 2009. One statement they have sent me from Jan 2010 has a closing balance of £0.00. There is a charge off account, refund of interest and closing balance £0.00.

Not quite sure what this means?

 

Any help from where i go next would really be appreciated.

 

Thanks

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Right - check with the court tomorrow as to the date when you need to submit a defence, you have to defend this as it is rubbish.

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I know it sounds like a stupid question but what will my defence be based on? Do I need to let carters know that I will be defending?

 

Never been in this situation and it's a bit worrying.

 

Thanks

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You need to contact the court and find out what is going on, also when you need to submitt a defence by. no need to inform Carter

 

Your defence is basically the lack of supporting documentation and details.

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Did you inform the court that you had been granted an extension to the time to enter your defence under CPR 15.5?

 

You need to write back to Carter ASAP and inform him that he has not conformed with your CPR request, and that you still require a copy of a signed, enforceable agreement. Tell him you will allow a further seven days for this to be furnished, and you will be writing to the court to explain this.

 

Beware of Carter applying for default judgment, as the 28 days would just be about up now.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Account was opened in 1999.

 

I spoke to the court and told them that carters wanted the extension and asked them what happens with regards to the case. They informed me that only carters could put it on hold and I should speak to them about it.

 

Is there any template letters on here I could use to send to carters explaining that they have not sent the requested documents?

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Account was opened in 1999.

 

 

 

I spoke to the court and told them that carters wanted the extension and asked them what happens with regards to the case. They informed me that only carters could put it on hold and I should speak to them about it.

 

 

 

Is there any template letters on here I could use to send to carters explaining that they have not sent the requested documents?

 

 

 

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Did the court tell you when you needed to submit a defence by? You can still submit a basic holding defence but send this letter and aslo send to the court with a letter saying what you have done so far

 

Here is a letter you can adapt

 

Re: CPR Request

I have not received your response to the above request, sent to you on (date) and received by you on (date). I would remind you of the following:

I have requested a copy of a signed, enforceable agreement which has not been received and grant you another 7 days to comply with this 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. If you are unable to comply with that part of 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 any part of this request or fail to request more time, 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 am forwarding a copy of this letter to the Court and will be explaining the current situation to them

Yours faithfully

 

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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