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Help, Bryan Carter/Lowell problems - CCJ in process?


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Hi. I am new to this forum and I am hoping someone out there can give me some advice.

 

On November 15 2013 I received a letter from Bryan Carter solicitors stating that as I had not contacted them regarding an outstanding debt with Lowell Financial and they would be proceding with a County Court judgement against me. The amount they said I owed is £1541.80. As this was the first letter I had received and do not recognise Lowell as a debtor I went on your forum and read up about this Bryan Carter. I immediately sent a request in writing to Bryan Carter and Lowell for them to send me my CCA. I sent this request on 19th November and enclosed a £1 postal order. I posted the requests by Royal Mail by delivery confirmation and can confirm both Bryan and Lowell received on the 21st of Nov.

To date, I have not received my original CCA from either.

 

On Dec 5th, I received a request from the Northampton CCBC stating that Lowell was seeking a CCJ against me. I filed a defence motion and sent a request to have it thrown on the basis that Bryan and Lowell had not supplied me with my CCA within 10 days of my request and also I did not believe the debt to be mine as the claimants had not proved that the debt was in fact mine or that goods or serviced had been provided. The name mentioned in the court papers was 'Shop Direct' and I do not recognise this name as a debtor either.

 

On 17th Dec I received a letter from HM Courts and Tribunal Service stating that they were in receipt of my defence and that the claimant would be in contact to resolve. Also that the claimant would inform the court how they wished to proceed.

 

On 23rd Dec, I received a letter from Bryan Carter stating that their client, Lowell wished to proceed with the claim but would agree in principle mediation. A letter was also sent by Bryan to Northampton Court.

 

On 23rd Dec, I received another letter from Bryan stating that their client Lowell would be willing to accept monthly installments (For me to select a sum and they would consider if it was reasonable). They asked that I sign an attached form which is a consent order stating that I agree to the monthly payments.

 

The issue that I have is that although I suspect the debt may belong to me, from 2008, I have no original CCA or proof of goods or services provided by any party named in the claim. They have ignored my request made for the original CCA but respond immediately as soon as I file a defence with the courts. If I now sign this form it would be agreeing I owe this and this would then be on record with the courts. The letter says if I do not sign and agree within 7 days from the 23rd Dec then Bryan will request the order be placed against me and strike out my defence. I'm not sure how they can do this as isn't the burden of proof on them to prove to the courts that I owe this amount and it belongs to me? I really just don't want a CCJ placed against me.

 

As it has been holiday time I didn't receive this letter from Bryan until yesterday so I only have until tomorrow to respond. Any help or advice you can give is greatly appreciated. As you can imagine this has caused me great amounts of distress.

 

In case it helps, I can upload any documents that relate to this if needed.

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Hi and welcome to CAG

 

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Could you post their particulars and the defence you offered carowake ...less any identifiable data.

 

 

Regards

 

 

Andy

We could do with some help from you.

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Hi Andy. Here is the defence I submitted.

 

I got it from the internet and tweaked slightly to fit my case.

 

The defendant has no knowledge of entering into any form of purchase agreement with the claimant and is embarrassed by the lack of detail supplied within the claim.

 

1.* Having no knowledge of any sales/purchase agreement for "goods" supplied and delivered to the defendant by the claimant the defendant is unable to either admit or deny anything which is not expressly denied within this defence.

 

2.* The defendant formally requested a copy of any held Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) on 19th November 2013. This request was sent to the Claimant by Royal Mail and shows as being delivered to Lowell Portfolio I Ltd on the 21st November 2013. A same request was also sent to Bryan Carter Solicitors on the 19th November 2013 and also shows as being delivered on the 21st November 2013.

 

3.* The request for the original Consumer Credit Agreement required the Claimant to provide the Defendant with a true copy, or reconstituted copy of the credit agreement relating to any account that the Claimant deemed to be the Defendants, together with any other documentation the Act required them to provide. The statutory time limit to comply fully and properly with this request was 12+2 days and the Defendant has still never received a copy of the original Consumer Credit Agreement. Proof of the Consumer Credit Agreement requests made by the Defendant is available at the Courts request.

 

4.* In the request for the original Consumer Credit in line with the OFT Guidance, and the Consumer Credit Act, the Defendant attached a £1 payment by Royal Mail Postal Order, which was the statutory fee for the request. In this request it was noted that these funds should not be used for any other purpose and that if the Claimant was unable to comply fully and properly with this request, they should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from their systems.

 

4.* The defendant denies ever purchasing goods from the claimant.

 

5.* The defendant denies ever receiving goods from the claimant.

 

6.* The defendant puts the claimant to strict proof of the following:-(i) That the defendant purchased goods from the claimant.(ii) The date(s) of any such alleged purchases.(iii) The delivery times of these alleged purchases.(iv) The delivery addresses of these alleged purchases.(v) Proof of a purchase/sales contract between the defendant and the claimant.*

 

7.* Prima facie the Claimant knows or ought to know that there is no contract between the Defendant and the Claimant for the supply of goods as pleaded, therefore the Claimants claim is speculative and furthermore amounts to an absolute abuse of the process. Accordingly the Defendant avers the Claim ought to be struck out as an abuse as the Claimant holds no cause of action and therefore the Claimants conduct is unreasonable in bringing a claim without foundation.

 

8.* The Defendant seeks the Claimants claim to be dismissed with an order as to costs thrown away in favour of the Defendant.*

 

I am so worried as Bryans consent order deadline is today..I feel that they are trying to bully me or scare me to sign the consent order.

 

Thank you for looking at this. I really appreciate it.

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In Lowells particulars of claim does it state who the debt was assigned from?

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With an account number?...sorry for all the question..that's why I asked in my first post for their particulars of claim (verbatim)

 

 

Andy

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Sorry I am new to this so please forgive my lack of info

 

In the claim form from CCBC, it states:

 

Particulars of claim

 

THIS CLAIM IS FOR 1019.53 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS.

 

THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWELL PORTFOLIO I LTD ON 01/04/2009 AND NOTICED SERVED PURSUANT TO THE PROPERTY LAW ACT 1925

 

PARTICULARS

RE: SHOP DIRECT

A/C NO XXXXX

 

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No problem...thanks.

 

 

Okay so Shopdirect ...Littlewoods...mail order catalogues....you have never had any dealings with?

We could do with some help from you.

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Hi. I am new to this forum and I am hoping someone out there can give me some advice.

 

On November 15 2013 I received a letter from Bryan Carter solicitors stating that as I had not contacted them regarding an outstanding debt with Lowell Financial and they would be proceding with a County Court judgement against me. The amount they said I owed is £1541.80. As this was the first letter I had received and do not recognise Lowell as a debtor I went on your forum and read up about this Bryan Carter. I immediately sent a request in writing to Bryan Carter and Lowell for them to send me my CCA. I sent this request on 19th November and enclosed a £1 postal order. I posted the requests by Royal Mail by delivery confirmation and can confirm both Bryan and Lowell received on the 21st of Nov.

To date, I have not received my original CCA from either.

 

On Dec 5th, I received a request from the Northampton CCBC stating that Lowell was seeking a CCJ against me. I filed a defence motion and sent a request to have it thrown on the basis that Bryan and Lowell had not supplied me with my CCA within 10 days of my request and also I did not believe the debt to be mine as the claimants had not proved that the debt was in fact mine or that goods or serviced had been provided. The name mentioned in the court papers was 'Shop Direct' and I do not recognise this name as a debtor either.

 

On 17th Dec I received a letter from HM Courts and Tribunal Service stating that they were in receipt of my defence and that the claimant would be in contact to resolve. Also that the claimant would inform the court how they wished to proceed.

 

On 23rd Dec, I received a letter from Bryan Carter stating that their client, Lowell wished to proceed with the claim but would agree in principle mediation. A letter was also sent by Bryan to Northampton Court.

 

On 23rd Dec, I received another letter from Bryan stating that their client Lowell would be willing to accept monthly installments (For me to select a sum and they would consider if it was reasonable). They asked that I sign an attached form which is a consent order stating that I agree to the monthly payments.

 

The issue that I have is that although I suspect the debt may belong to me, from 2008, I have no original CCA or proof of goods or services provided by any party named in the claim. They have ignored my request made for the original CCA but respond immediately as soon as I file a defence with the courts. If I now sign this form it would be agreeing I owe this and this would then be on record with the courts. The letter says if I do not sign and agree within 7 days from the 23rd Dec then Bryan will request the order be placed against me and strike out my defence. I'm not sure how they can do this as isn't the burden of proof on them to prove to the courts that I owe this amount and it belongs to me? I really just don't want a CCJ placed against me.

 

As it has been holiday time I didn't receive this letter from Bryan until yesterday so I only have until tomorrow to respond. Any help or advice you can give is greatly appreciated. As you can imagine this has caused me great amounts of distress.

 

In case it helps, I can upload any documents that relate to this if needed.

 

 

 

Hang on, on one side you say you know the debt belongs to you from 2008 but on the other claim not to know what the debt is for. So what is it?

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Hi Andy. I have had dealings with Littlewoods in 2008 but had not realized that this is known as Shop Direct. I can say though that I never charged anything to the amount of £1k which is what the claim is for. This is why I asked the courts in my defence for proof of goods etc.

 

I guess my question now is what do I do from here? should I wait and see what bryan carter does next? Or should I contact them? I will say after reading up on forum I am reluctant to contact them as some would say that it is like inviting a vampire in to your house..

 

Also, can Bryan Carter get a CCJ without my having a chance to address the courts and ask for proof of this claim?

 

Thanks

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This is one of the problems with assigned debts/takeovers...account number changes...you are perfectly entitled to defend a claim if you are unsure of the debt or the amount.

 

 

Mr Carter is always keen to offer a consent or payment plan once a defence is submitted.....proceeding with the claim is expensive and time consuming and in reality never expected you to defend...he likes default judgments...less expense/bigger profit for his client.

 

 

You are under no pressure to conform to any threats or dates that he sets...the claim is proceeding ...you have defended...now its his turn to either respond and inform the court to proceed (with a fee) or pressure you into complying.

 

 

So what options.....you accept the debt amount and sign his consent and payment plan....this will avoid a CCJ and costs...but do you really owe that much?

Or you proceed..ignore his missives and take a chance that your defence will either force mediation with a view to correcting the debt amount or you fail and get a CCJ anyway but with the amount adjusted......either way you have questioned the amount and put them to proof.

 

 

Choice is yours.

 

 

Regards

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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