Ccj northampton from bryan carter re halifax visa card account

[angel_1]

TEMPLATE AT THE MOMENT WILL UPDATE IN A BIT

 

 

 

 

NORTHAMPTON (CCBC) county court

 

 

Claim no xxxxxxxx

 

 

Issue Date

 

 

 

 

 

Particulars of claim

 

The Claimants claim is in respect of a credit agreement regulated by the Consumer Credit Act 1974 wherby Lloyds BANKING GROUP original creditor provided the defendant with a credit card.

In return the defendant agreed to pay at least the minimum payment given in the statement. A default notice was served on the defendant which has expired and upon which the defendant has failed to comply with. A Notice of Assignment has been sent to the defendant notifying them that this debt has been assisgned to the Claimant. The claimant therefore claims the sum of £xxxx plus costs. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action Conduct.

 

 

=========

 

 

signed OPTIMA LEGAL SERVICES LTD

[havinastella]

What date was it delivered?

 

CPR request asking for the documents mentioned. When was the last payment to anyone? CCA request for copy of agreement to OC and also the SAR to establish any charges/PPI

[angel_1]

hello all and thank you also to havinastella for your reply and apologies for my delay I will update the CORRECT poc info in a very short while , but I think I need to acknolowedge today or tomorrow at the very least online, as it was del on 16.12 but the date if I recall on the paperwork raised was the 12.12.13 - am searching for my file right now to update everything here, will be back soon, x angel

 

 

 

 

found this on a previou thread of mine

 

The timescales are..

 

Date of issue (found on claim form, top right hand corner) ((12.12.13)) + 5 days for receipt + 14 days to acknowledge receipt + 14 days to submit defence if you are intending to.

 

so plus 5 days is 17.12.13 then plus 14 days is 31.12.13 is this correct so do i have at least til tomorrow to acknowledge pls ?

Edited December 30, 2013 by angel_1

[angel_1]

hiya all,,,,,

 

 

THIS IS IN PLACE OF POST 1...........cant seem to be able to edit it to correctly update it so here Is the information from the poc SO PLEASE IGNORE POST ONE TOTALLY - THANK YOU

 

 

******************

 

 

from NORTHAMPTON (CCBC)

 

 

Issue date 12 December 2013

 

 

PARTICULARS OF CLAIM

 

 

This claim is for 2397.19 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

The debt was assigned to/purchased by Lowell Portfolio Ltd on 24/06/2013 and notice served pursuant to the law of property act 1925.

 

 

Particulars

Re HBOS PLC

A/c No XXXXXXXXXXXXXXXX

 

 

And the claimant claims 2397.19

 

 

The claimant also claims interest pursuant to S69 County Court Act 1984 from 24/06/2013 to date at 8% per annum amounting to 89.32.

 

 

**********************

 

 

My realisation now is that -

this is NOT a current account but must be a credit card due to the long number of the ACCOUNT NO.

 

 

Therefore need to

1. Request CCA from the claimant ie Lowell Portfolio Ltd.

2. Send CPR31.14 request to the sols Bryan Carter for info in the poc as mentioned as

- The agreement

- notice of assignment

- statement of account

 

 

NOW is it worth sending a SARS to the Halifax too? As a separate request too just to ensure I get all the information held by them which may help me?

 

 

Anything else ( I cannot request any default notice as they haven't mentioned that in the particulars)

 

 

Apreciate your advice cheers angel x

Edited December 31, 2013 by angel_1

[slick132]

Hi Angel,

 

Title changed to show this is for a visa card a/c, as requested.

 

[angel_1]

Hiya slick

 

 

many thanks and a very happy 2014 to everyone and you and Cag team, will be in touch with my paypal donation x angel x

[theoldrouge]

the poc is so vaguely worded that it reads like claim issued anyway with no supporting docs in the hope of a judgement by default. I would def send an immediate SAR to halifax, and dont forget to use CPR 15.5 should you need more time to submit defence if you dont obtain any docs in time (extend by upto 28 days)

[angel_1]

hiya all and thanks for your advice havinastella , slick132, and theoldrouge,

 

 

and yes I totally agree the poc is very vague and just covers the very basic request and my gut is telling me also in the hope I do not defend and get ccj by default. Well they had not banked on me and the huge help from you guys.

 

 

I have acknowledged online. I will now certainly send

 

 

1, CCA to Lowell

2. CPR31.14 to bryan carter

3. SARS to Halifax hbos

 

 

With regards to the CPR 15.5 I would certainly like to use this on this occasion but will need help in addressing this in the right way in writing to them.

 

 

For now all letters will be sent registered delivery with next day del to gain receipt with signature obtained for my records.

 

 

will of course keep you all updated, and you know after a few I feel quite calm about all this as past experience is an ally in current difficulties,

 

 

take care and lets all have a fab and fun 2014.

 

 

angel x

[angel_1]

Hiya slick

 

 

many thanks and a very happy 2014 to everyone and you and Cag team, will be in touch with my paypal donation x angel x

 

 

hiya cag have just sent my donation hope it has reached you ok via paypal, was really easy to use and do, I just wished it could have been a bit more, angel x

[slick132]

Thanks Angel, all donations are gratefully received.

 

Keep us updated on developments.

 

[angel_1]

hiya all,

 

 

I really have been so inundated with family stuff and little ones to look after that ive slipped up with informing you of the letter I have had and I believe my defence is due in tomorrow can do it online no problem.

 

 

anyway hope your year has started well, to summise here

 

 

~I have not had any documents from either Lowell or any documents from bryan carter under the CPR part 31 request.

 

 

BUT ,,,,, I have had a respence from bryan carter as follows -

 

 

*****

 

 

dated x x 2014

 

 

Dear Miss x

 

 

Lowell xxxx V me

acc no xxxx

claim no xxxxx

 

 

We write further to your letter dated x x xxx requesting disclosure under Part 31 of the Civil Procedure Rules.

 

 

We confirm the claim form was issued by the Northampton County Court Bulk Centre and that the court's Protocol was followed when issuing the Claimant;s Particulars of Claim.

Practive Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of claim when they are issued by this court.

 

 

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.

 

 

It is the original creditor's policy to issue agreeements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

 

We confirm we are not agreeable to an extension for filing the defence.

 

 

We confirm we are in receipt of your acknowledgment of service. As you will be aware a Claim was issued in this matter on 11 December 2013. Please respond to the claim using the response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.

 

 

We recommend you seek independent legal advice.

 

 

Yours sincerely

 

 

 

 

xxxxxx

 

 

 

 

===========================================

 

 

 

 

Thus the date they have quoted as issued is wrong - how kind of them to inform me to ensure I comply with the deadline - on that ball no worries, lol

 

 

I think they are trying to blind me with science, I understand via the bulk centre no documents that's why they do it,,,,BUT surely via my CPR request they need to and not tell me to refer to my own records. how very clever of them.

 

 

SO...... guessing if nothing arrives tomorrow defence in due and do I have till midnight tomorrow evening guys as im at the hospital tomorrow morning til afternoon,

guess I will follow another of my previous defences unless you can kindly ensure I don't miss anything as this is my first one with this solicitor

 

 

Anything else I need to do - I didn't actually get around to sending off the SARS to Halifax is it still worth doing ? I will do tomorrow is worth it.. what do you kindly recommend

 

 

cheers I will log in a bit later see for any updates

 

 

angel x

[slick132]

Carter being their usual unhelpful selves.

 

In the circumstances, you can only enter your defence as best you can.

 

You need only to respond to each point raised in the POC's, denying the debt in the absence of an agreement and other documents in support of their claim.

 

[angel_1]

I shall do as im getting more confident now lol ta for the support as always cheers angel x

Carter being their usual unhelpful selves.

 

In the circumstances, you can only enter your defence as best you can.

 

You need only to respond to each point raised in the POC's, denying the debt in the absence of an agreement and other documents in support of their claim

 

[angel_1]

Hiya all just checking i do have until midnight to be able to put my defence in online on the mcol site ? As today is last day im just finishing off at the hospital so will be early pm before i can get to the pc but hope to not wait to the last minute to confirm it all and post it up online xx ta angel

 

 

its ok logged in and can send in my defence, as best I can.

 

 

x angel

Edited January 14, 2014 by angel_1

[angel_1]

hiya all

 

 

I do hope ive not messed up but have confirmed my defence on the mcol site but was after 4pm and after confirming my defence info it said then that if info was sent before 4pm would be processed today but if after will be processed on the next working day, but it still means today ie tonight doesn't it, and not that I should have done it before 4pm today for it be processed as todays date ie the final date for entering my defence.

 

 

I have had such a hard day today I m a tad tired and confused now that I may have missed the deadline but there is nothing I could find on the help section about times,

 

 

can I do anything else or just that im panicking over nothing and it will be processed as todays date ive printed off the status summary that shows todays date and time after 4pm.

 

 

Also did I read somewhere that Christmas day and boxing days are not included I did include them when I sent in my acknowledgment I included those days would that not allow me a couple more days thus my defense would now be due in 2 more days anyway or have I got that wrong?

 

 

 

cheers angel x

Edited January 14, 2014 by angel_1
re xmas and boxing days are they not counted as days when calculating the 14 days or 28 days to send in defence

[slick132]

Hi Angel,

 

As this is on MCOL for now, I'm sure the defence will have been in on time if received before midnight.

 

[angel_1]

hiya slick

 

 

online just checked states defence sent 14.1.14 but defence rec 15.1.14 TRYING TO GET TO SPEAK WITH SOME ONE AT Court 14th in the queue lol but surely im not out of time am I now or is it just a processing date the have to show ? xx angel

 

 

 

 

its okay guys,,,,,, its in, and in time, got a very helpful guy on who also explained they do get an awful lot from bryan carter and guess this is their way into getting default judgements when no one bothers trying to defend, I wonder how many don't but with cag and fellow caggers we are the unique people proud to stand up and be counted, yeahyyyyyyyy have a fun day all and thanks for the support, next time I promise I wont let it drag to the wire lmbo

 

 

xxxx angel xxx

Edited January 15, 2014 by angel_1

[angel_1]

hiya all

 

 

again ive left it to the last day so much happening in my life I can just about get up and breathe,,,,, last grasp of getting some help this morning as today is the last day of filing the allocation questionnaire I got and I didn't understand til now I have to supply copy to bryan carter too, and I don't know if I can by email - have their email but no fax number, pls help me, guys,

 

 

also can I send by email or fax to Northampton court today too, im guessing well before 4pm today

 

 

I don't even know for sure what boxes im supposed to be ticking, I will search other threads in the meantime and see if that helps but am I too late to complete this today??/ cheers angel x

[angel_1]

hiya all

 

 

Further to my earlier post today I have had a look around other threads now too, and ive managed to obtain a fax number for bryan carter too, but let me explain what exactly I have had

 

 

I. A letter from the court that my defence was received and the claimant had 28 days to respond.

 

 

2. I had the letter from the court which said "Notice of Proposed Allocation to the Small Claims Track" which enclosed the Directions Questionaire (Small claims Track) from Northampton court to be completed and returned.( the letter says file it with the court office and serve other parties by 17.2.14.

 

 

3 Then only had on Friday a letter from bryan carter advising " we enclosed a copy of the claimants Directions Questionaire" and the claimant is prepared to settle this matter outside of court and we look forward to hearing from you regarding negotiations. yours sincerely,xxxxxxx - The enclosed "Directions questionnaire"

 

 

4- My questions are now Does this mean they have actually filed theirs already which the questions are A - settlement /mediation they have ticked the A1 box to yes to small claims medidaion service.

 

 

B. they have included their contact details

 

 

C. Ci they have ticked Yes to agree to small claims track

 

 

D. about the hearing - put as xxxxxxxx my local court as the defendants local court

 

 

D1 they have put no to using any written evidence of witnesses.

D2 nothing in this space

 

 

D3 witnesses - they have put 0

 

 

E and E1 they have marked a yes to fee paid of 40.00

 

 

and signed it just Bryan Carter Solicitors as the solicitior....

 

 

I note there is no date box anywhere neither.

 

 

********

 

 

What are my best options today please ?

 

 

I am taking the kids to their half term activiites to I will be back online at 10.30 this morning to see what updates and any advice fully appreciated or have I already lost this before I even begin today . Many thanks again for your help and I will mark this today as my turning point in my life to deal with everything of this legal and otherwise in my life as I need to be more organised in my approach and give myself more time to deal with such things to complete and never leave stuff again to the last minute again,

 

 

I hang my head in shame today but im hoping you guys will still help me thank you .

 

 

I will be back at 10.30 cheers angel x

Edited February 17, 2014 by angel_1
delelted private imfo

[angel_1]

im back now will continue to have a look around the other threads for guidance too, cheers angel x

[angel_1]

hiya all

 

 

I think ive understood how to complete and have correct fax nos for both Northampton court and sols, I plan to fax the court by 1 pm and have rung the court and they advised to do this by then and am not late in faxing today. Should I ensure the sols gets their copy the same time or should I leave until after 4pm does it help me by sending it to them late afternoon or not? if not will send at same time as court one.

 

 

picking up info from other threads I must ensure I write in that I agree to settlement/mediation and agree it to go to the small CLAIM MEDIATION SERVICE.

 

 

ALSO agree to small track

 

 

also ensure I put in my local court name as its my local town ie as im the defendant

 

 

I put no to any expert witness as I believe I have none

 

 

duly signed and I don't pay any fee as that is done by the claimant.

 

 

I think following the above I can get this done now what do you guys think?

 

 

just off to do me a sandwich and I will see for any replies in the next 40 minutes cheers angel x

[AndyOrch]

If you have been sent a questionnaire to complete this must be returned by the date

specified. Failure to do so may result in your claim being struck out. If there is a fee to pay you

may send a cheque or postal order made payable to HMCTS with the questionnaire.

Alternatively you may pay by card over the telephone between the hours of 9.30am – 3.30pm

Monday to Friday and submit your questionnaire via email to [email protected] For

information on the fees payable you can download booklet EX50 from

http://www.justice.gov.uk/forms

 

 

Regards

 

Andy

[angel_1]

thanks andy, I will be faxing to both court and claimant and also no fee as its stating any fee needs to be paid by the claimant, so will update you asap I have any other info from anyone, cheers angel x

[angel_1]

Hiya all im sorry for my late update and late request of help i promise i wont do it again - it was just too much stress today - have faxed to the court but i didnt send the hard copy in the post guess i could do it still tomorrow? Anyway put all paperwork in order now and i shall be sending another paypal donation tomorrow once funds hit my account. Cheers for all your help angel x

[slick132]

Hi Angel and glad you got the DQ sorted.

 

I see from post #11 that Brian Carter said, in response to your CPR 31.14 request :-

 

"We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply.

 

It is the original creditor's policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records."

 

Has the bank or DCA provided you with a reply to a s.78 CCA request in the past. If so, what did they send you.

 

When was this a/c opened approx.