bryan carter and ccj claim

[ikon44]

Hi everybody,so glad i found this site.

 

I had a business that went under so wife was using credit cards initially tried to negotiate with all the card companies but got nowhere fast.

 

My wife has received a ccj claim form from the northampton bulk clearing center sent by Bryan carter.

 

the claimant is capital one europe.

 

they are claiming a total of £6713 pounds.

 

They mention an agreement but my wife cannot recall signing one.

 

Can anyone please advise me as to the correct response, i have initially said i am going to defend the claim and asked the court for 28 days.

thank you so much

[dx100uk]

check her cra file first off

 

dx

[ikon44]

what should i look for in the cra report

[dx100uk]

ifthe debt shows?

 

dx

[sillygirl1]

Check the date you need to acknowledge this by, usually Uncle Bryan runs when challenge, a simple defence should flatten him, especially when filed a couple of days after acknowledgement. You don't need a fully particularlised defence for him at all. He is a 'solicitor for rent'.

[ikon44]

I have until 28th march to respond , what should i send him ?

thank you

[coledog]

Acknowledge the claim immediately and say you are going to defend in full - you can do this on line. This will give you 28 days to enter a defence. You do not need to enter anything else at this stage.

 

Can you type up or scan the particulars of claim with personal details removed? We can then advice you on requesting supporting documents from Uncle Brian.

[ikon44]

will do. was out all day yesterday, just got back will post shortly

[ikon44]

" The claimants claim is for the balance due under an agreement which is now due and payable..

 

The defendant agreed to pay monthly installment under the account no XXXXXXXXXXXXXXXXX but has failed to do so.

and the claimant claims the sum of £6237.23.

 

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

amounting to 185.92."

 

 

The claimant is listed as capital one and he is claiming the amount 6423.15 plus court fee 190 plus solicitors cost 100 total 6713.15

I really don't know what to do we have no chance of paying this

[ikon44]

Should I ask for proof of CCA ?

[coledog]

I would suggest a CCA request to supply the agreement (with £1) postal order. My understanding is it would be very difficult for them to get judgement if in default of a CCA request. You can also send a CPR request but this is a bit difficult as they have not actually mentioned any documents in the POC - vague or what. Without the agreement etc it is also difficult for them to claim interest.

 

I will be back later with the letters to send.

 

Have you acknowledged this yet?

[coledog]

Do you know how old this account is and when the last payment or acknowledgement was made to Capital One? I am a bit surprised that Cap One still own this as these debts are usually sold on

[sillygirl1]

Shouldn't it be a CPR request as a CCA request would take too long, as court papers have already been issued, and as it is Uncle Bryan here he usually runs when hit with a CPR request....

 

CCAing CapOne is a timewasting exercise when there is the CPR route to use.....

[coledog]

Yes - just thinking it is an added bit of defence. A CPR could get rid of him, try this one by recorded delivery.

 

 

Dear Sirs

 

CPR 31.14 Request

 

In Reference to Claim xxxxxxxx issued by you out of the xxxxx 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 documents mentioned in your Particulars of Claim:

 

1 the agreement.

 

You should ensure compliance with your CPR 31 duties and ensure that the documents 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

 

(sign with a swiggle or print)

[AndyOrch]

Shouldn't it be a CPR request as a CCA request would take too long, as court papers have already been issued, and as it is Uncle Bryan here he usually runs when hit with a CPR request....

 

CCAing CapOne is a timewasting exercise when there is the CPR route to use.....

 

They can and will ignore a CPR request, they cant ignore a section 78 request CCA, which is after all what their claim relies upon.

 

Regards

 

Andy

[coledog]

They can and will ignore a CPR request, they cant ignore a section 78 request CCA, which is after all what their claim relies upon.

 

Regards

 

Andy

 

I think that sending a CCA request is worth it - Send to BC not Capital One

[ikon44]

Thank you for the advice, I have gone online and acknowledged the ccj and said I will defend it . The last time any moneyy was paid was 1 year ago, so don't know if cap one have sold it on. From reading above responses am I correct in thinking that. BC has to respond to a CCA request? If so will download template from library.

[coledog]

Yes - BC must obtain all the requested documentation from the claimant. BC are probably hoping to obtain a default judgement by you not defending it so may just 'back off' when they are aware that you will.

 

When was the account first opened as this may affect documentation they can obtain and have you received a default notice?

[AndyOrch]

The CCA request must be recorded Ikon.

[ikon44]

Account was opened about 8 years ago.

[ikon44]

I have sent CPR 31.14 letter to bryan carter and received the following reply:

 

We write further to your request for disclosure under part 31 of the civil procedure rules

We confirm the claim was issued by the Northampton county court bulk center and the court protocol was followed when issuing the claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court .

We confirm that this matter would most properly be allocated to the small claims track and Part 31 of the civil procedure rules will not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days. We will revert to you in due course with our clients instructions in relation to your request for an extension of time for filing your defense.

 

it was the original creditor's policy to issue agreements on or around the date of the contract and statements throughout the duration of the agreement, in this regard we ask you to refer to your own records.

 

yours sincerely

 

My wife certainly has no documents, is it true that he does not have to produce them if small cl;aims track followed ?

how should i reply and should i contact the court yet ?

hanks in advance for all help and advice, it is much appreciated

[ikon44]

I have been reading through the letter again and just noticed that they mention "original creditor", does this mean the debt has been re assigned? They still mention capital one in the letter.

[dx100uk]

a quick check at

https://www.noddle.co.uk/signup?source=mgm

will tell you who owns it.

 

urm... a slip up if they dont own it!

 

end of case!

 

dx

[ikon44]

thank you for the advice , i will check that out, but even if the debt is not to capital 1, what action can i take to get bryan carter to comply with the CPR 31.14 request, and how can i file a defense with the court if he wont give me the information before the deadline required in the CCJ ?

[dx100uk]

if BC's name is on the claim form, they MUST own the debt.

 

only the OWNER of the debt can take you to court

 

dx