Bryan Carter CCJ Set Aside, Now need help with Defence

[matmidgley]

Hi, I have posted this on other forums,so I have copied and pasted.

not much in the way of replies and trying to get as much info help as poss first time dealing with this.

 

I sent off a N244 form last week to try and set aside a CCJ issued by Lowell Portfolio 1

 

31 Aug 2008 I moved from an address in south west somerset to the north east in cleveland

 

5 Aug 2010 A CCJ was issued to my old address in somerset without me knowing

 

31 Aug 2011 I received a letter from Lowell Portfolio at my new address, saying " We are Lowell Portfolio 1 ltd, your outstanding account with Barclaycard was sold to us on the 30/04/2008 and we will now be recovering what you owe"

in this letter they do not mention that they had tried to contact me previously or that they had had a CCJ issued against me, (at this date I did not know they had).

I immediately replied with the letter template saying that it was statute barred.

 

23 Sep 2011 I received the reply saying "your account is now closed" and the letter states that they have reviewed the overdue account and discovered that it was statute barred.

 

so I didnt think any more of it and thought it was finished.

 

I got my credit report at the beginning of feb 2013 and decided to ring northampton bulk centre as there was a CCJ, In this phonecall I found out the CCJ was issued by Lowell Portfolio1 on the 5th Aug 2010.

 

Now I did not give Lowell my new address as I did not know they were chasing me for money, I did not receive any letters from them at the old address prior to moving. I also never gave my new address to them for the same reason yet somehow they had it. (Barclaycard did not have the address I had moved about 7 times since the address barclaycard was issued at including being homeless for a period of that)

I Had changed my bank address etc in 05/2009 to my new address, and had been on the electoral roll here since 28/10/2009 so the credit report would of shown this a year before Lowell issued the CCJ at a old address. Im assuming they got the old address from the credit report at that time so they would of seen both.

 

I have sent in the N244 on the grounds that I was not living at that address for 2 years before the CCJ was issued and had not given Lowell the address as I did not know they were chasing me. I attached evidence that I was not living there and also copies of the letters from lowell in 2011.

 

I believe that the debt was statute barred before they issued the CCJ, and when I received the letter in 09/2011 they said the debt was statute barred and account was closed. Surely if it was genuine they would not of agreed and told me a CCJ had been issued and I had to pay the balance?

 

Received a letter from the court this morning 21/02/2013, says the hearing will take place at the court, but then under that it says the hearing of this case will take place by way of telephone.

Any advice from here?

It says I must give the claimants legal representative my telephone number, not sure who this is the DCA is Lowell Portfolio 1,

Also says I must serve all documents to be relied upon at the hearing by fax or email, I sent in my evidence with my N244 im guessing this is what it is asking for?

 

I have written up some more evidence as I have noticed some more details,

such as the letter from Lowell in Aug 2011 the first line is "Introducing Lowell" making it try as seem to me that it was the first time they contacted me, and the reference number that they had for the CCJ is different than the reference number they had on the letter in 2011, how ever both the CCJ and the 2011 letter both have the same credit card number as a secondary reference number.

The amount they are asking for on the CCJ is £991 but the amount they have requested on the 2011 letter is £812.

Its like they are trying to hide the fact they all ready issued a CCJ against me

[Ganymede]

Hi when was your last acknowledgement or payment towards the debt before the CCJ was issued?

 

In theory you should get the CCJ set aside due to not being served etc however you have admitted to moving several times and not informing your creditors which MAY go against you.

 

The reason that the CCJ amount is more than the amount in their demand letter is because there are fixed Court and Solicitors fees added to the amount.

 

You need to give your number to the Claimant's solicitors so that they can arrange the telephone hearing.

[matmidgley]

it was over 6 years before the CCJ was issued, I never made a payment on it as I could not afford to.

 

And what I mean as to the different amounts, the CCJ was issued in 2010 for the amount of £991

 

the letter I received in 2011 they were asking for £812, so they are asking for less in the later letter not mentioning court proceedings or fees.

 

so they were not mentioning the fact of the CCJ previously and were making it seem as it was the first time they had contacted me, or hiding the fact they issued one against me without me knowing

 

I phoned the court and got the solicitors details as Brian Carter, I then phoned there office as I was advised to on leagle seagulls forum.

Who ever was dealing with the case was not there but left details with someone else, they claim they still had my old address even tho letters had been sent to my new one from lowell, they then said the only contact they had from lowell was in OCT 2011 which was to cease chasing the debt on the CCJ. This was 1 month after I told them it was statute barred and received the letter from Lowell saying it was and the account was closed in SEP 2011.

 

So basically I have a CCJ from Lowells solicitors Brian Carter on there behalf, but I also have a letter stating the account is closed as its statute barred from Lowell themselves.

Edited February 23, 2013 by matmidgley

[matmidgley]

however you have admitted to moving several times and not informing your creditors which MAY go against you.

 

the first time I moved from the address that the barclaycard was issued to was because I was made homeless so there would be no address to give them, the several after consist of staying on friend & family sofa's so I was not in each address for very long at all

[matmidgley]

been trying for advice both here and legal seagulls but thread just generally get looked at and no reply

 

Bryan Carter were suppose to call me monday, big suprise they didnt.

Been looking for advice if I can send them a threatogram or is this a bad idea?? was thinking something like this

 

(REMOVED)

10 (REMOVED)

B(REMOVED)

C(REMOVED)

T(REMOVED)P

0(REMOVED)3

0(REMOVED)3

Your Ref: L(REMOVED)5

County Court Claim no.(REMOVED)

Date: 26/02/2013

 

 

To whom is dealing with the case,

 

 

Dear Sir/Madam,

I am writing to you in regards to the above case,

 

 

I have been instructed by the courts to provide you with my telephone number for the court hearing for the claim listed above, I can advise you this number is 0(REMOVED)3.

All correspondence by your self should be sent to the address listed above.

 

 

I would like to also take this chance to ask if you are going to consent with the application to set aside the judgement on the above case in order to reduce costs for both parties.

 

 

I would also like to note that if you do not consent with the judgement I will be claiming further costs against you, for the application fee's and time spent defending the judgement that should not of been awarded.

These include but are not limited to:

 

Example of costs:

 

 

N244 application cost £80

Stationary £8

Time spent researching relevant law and advice £144

Times spent contacting Courts and claimants by letters and calls £36

Time spent attending telephone hearing £18

Total £286

 

 

 

Failure to reply to this letter I will assume that you will not be consenting to the application to set aside, as of which all further correspondence shall be dealt with by the court.

 

 

Yours

 

 

(REMOVED)

Edited February 27, 2013 by matmidgley
spelling sucks

[AndyOrch]

Send the above Mat..its considered good practice to agree with the claimant before hearing.....and save both parties further costs.

 

Regards

 

Andy

[matmidgley]

thanks andy

[pjc_dub]

Thanks for this thread. I am in similar situation I was involved in a commercial lease with 2 others and the business went bust an the landlord is after arrears

I had sent the landlord my current address which is no longer in UK. This was done via email and i show many emails since I sent. T I did not know about the ccj until i had a credit check. I spoke with the law firn and told them of my intentions of setting aside , they now want to see the email. Is it ok to send it to them prior to the hear or even filling out the form? I will be filling out the form tomorrow and just spoke to the firm on Thursday.

 

Thanks

PJC

[matmidgley]

Hi,

The CCJ was set aside this morning (Bryan Carter did not organise a telephone conference on 2 occasions)

whilst on the phone to the Judge he said I will need to file a defence by the 11th of July, Will I recieve paperwork which I must reply to or do I just need to send in my defence?

should i be requesting any documents from BC, I have none not even the original CCJ paperwork.

Also I have no idea on how to format a defence, is there a guide?

[DonkeyB]

A full background story would help...

[DonkeyB]

What was the PoC on the original claim? You need CPR 31 asap, giving just seven days to respond.

 

Tell us the back story...

[matmidgley]

Hi

Thanks for the Reply

The background is in a seperate thread but I am unable to fully link.

consumeractiongroup.co.uk/forum/showthread.php?383248-CCJ-from-Lowell-PF1-Set-aside-phone-hearing&p=4157078#post4157078

 

I do not know what the POC on the original claim were as I never got it.

should I request it from the courts or will I recieve it with and paperwork of the set aside order (assuming that I will get something)

[DonkeyB]

This thread? Best stick to the old thread, then. Will ask a mod to merge.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?383248-CCJ-from-Lowell-PF1-Set-aside-phone-hearing

[DonkeyB]

And yes, you urgently need the PoC! How else can you respond to the claim?

[ims21]

Two threads merged.

 

Thanks DB

[DonkeyB]

Thanks ims. Starting to make sense now...

 

Mat, you said the account was already SB when the CCJ was awarded in 2008. Do you have the paperwork to prove this? Are you absolutely sure of this fact? Tell us more.

 

If this is the case, your defence will be that the account was already SB.

 

Note that the set aside takes the case back to the point of issue, so your last payment must have been before 2002.

[matmidgley]

I have phoned the court and they will send me a copy out today they dont have the original but can send me a judges copy with the POS on,

the dates were no payment since april 2004 (never actually made a payment) CCJ awarded Aug 2010 so it was over 6 years. (not sure if thats same dates as above been doing some date digging since the original post)

I also have a letter from Lowell saying that my account is closed and it is statute barred ,one of the reasons the judge set it aside.

still waiting on a SAR from barclaycard... sent one 23 Feb and another 22 March and have not responded and sent a DSAR on the 6th of June giving 7 days which they still have not responded to

[matmidgley]

I dont have any paperwork with payment dates on as I never made any, I only know the account was opened in april 2004 as they have sent me a PPI form instead of the SAR in feb which is why I had to send another in march.

I dont even know if a default was issued, or what BC has as evidence.

Lowell have told BC to stop chasing the debt from me, If he wants to carry on with the CCJ who is paying for it? Him or lowell, and will he wven bother after I put in a defence?

[DonkeyB]

It’s not when the CCJ was awarded, Mat, it’s when the claim was issued, which may be a couple of months prior to the default award.

 

You say the account was opened in April 2004. But if you used the card after this, that will count as acknowledgment. How else would you have aggregated a balance?

 

We really need detailed info to help properly.

[matmidgley]

its missing some info from above that I have not updated.

The first telephone hearing was April and BC didnt set it up, the case was adjourned till today for aother telephone hearing in which BC also did not set up.

[matmidgley]

ok the card was opened in april '04, i blew it all on day of arrival and didnt touch it since. the claim was started in july '10 the judge told me that this morning.

the card limit was £250 i was probably close to that, the claim is £991 which Is another area in which I can dispute as I dont know what the rest is from.

[DonkeyB]

Spent in April = May statement. Payment probably missed in June.

 

So probably SB. That will be your defence, but use CPR 31 to be absolutely sure of the facts.

 

Balance will be charges and interest.

[matmidgley]

thanks donkeyB

is it a CPR 31.14 as shown in this thread? http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

but edited slightly for me.

it may be a stupid question but its the first time i have done this

[DonkeyB]

Yes, but you need the PoC before you can do the CPR – you can only ask for items mentioned in the PoC.

[matmidgley]

ok thanks