Court documents received from Bryan Carter, issue date 15/01/14 - advice please

[Blaze36]

Hi all,

 

I posted about this a while ago when I got the letter before action for a Shop Direct debt. I didn't do anything about the letter, despite some excellent advice (yes, I'm an idiot but life got in the way) and yesterday I received a letter from Byran Carter dated 15/01/14 stating they'd issued litigation proceedings. Today I got the court documents.

 

I've read a few threads on here and I get the general idea of what I need to do - file an acknowledgement with the court, then I have 28 days from the 15th to file my defence.

 

I have no documentation whatsoever about this debt. The court documents are saying the debt was assigned to/purchased by Lowell on the 06/04/2012. The claim amount is for £238.49 on the court documents, but the letter I have from Bryan Carter says different figures.

 

The Bryan Carter letter says:

 

Principal balance: £337.38

Interest: £33.89

Court Fees: £50

Solicitor Costs: £15

Outstanding Balance to pay now: £337.38

 

Now, I don't claim to be a mathematical genius but it"s obvious to me that Bryan Carter have made a mistake in naming the principle balance to be £337.38 because if you take the balance claimed for on the court documents (238.49) and add the interest, court fees and solicitor costs (238.49 + 33.89 + 50 + 15 = 337.38) you get what they've named as the outstanding balance.

 

Can I use that mistake in any way?

 

I'd really appreciate any advice you have, particularly if it's in an easy to understand step-by-step format as my brain is a bit frazzled at the moment!

 

ETA: Ignore the bit about me assuming he'd made a mistake with his maths. I assumed principle balance meant 'balance owed before charges added. My mistake there...

Edited January 18, 2014 by Blaze36

[Blaze36]

Just adding - I've just acknowledged the service form online, so that gives me until 12/05/14 to file a defense.

[havinastella]

Stop panicking

 

If this was me, I'd send the CCA Request to Original creditor ASAP.

 

http://www.consumeractiongroup.co.uk...iewing%29-nbsp

 

I would make sure you insert this

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

You may also want to SAR the OC as the information they send you could be priceless down the line.

 

http://www.consumeractiongroup.co.uk...Access-Request

 

Make sure you acknowledge the claim online, this will give you an extra 14 days to prepare your defense.

 

You then need to send the solicitors on the claim form the CPR31.14 letter, asking for EVERY document they have mentioned in the POC (This is vital)

 

Let me know if you need a link to the CPR31.14.

[Blaze36]

Oh, believe me, I'm far from panicking. I know he's an ******** out to get as much money as he can from putting these claims in.

 

Right, so send the CCA request to Shop Direct, as they're the original creditor? My understanding is that SAR is subject access request, which falls under the Data Protection act, meaning they have to send me every bit of data held on me.

 

Then, send the claim form to Bryan Carter. Ok, sounds good - can you post a link to it please? What does POC stand for? I know some acronyms, but not all.

 

I've already acknowledged the court documents online to get the extra 14 days, so that part is dealt with. Thanks for your quick reply, much appreciated.

[havinastella]

Have a good read here

 

http://www.consumeractiongroup.co.uk...iewing%29-nbsp

 

POC, particulars of claim.

[Blaze36]

Right, now to try and get my printer working. Easier said than done.

[Blaze36]

Ok - listing the documents mentioned in the POC. The text of the POC is:

 

This claim is for 238.49 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 06/04/2012 and notice served pursuant to the law of Property Act 1925

 

Particulars re shop direct a/c [REDACTED BY POSTER, not putting the account number on here]

 

and the claimant claims 238.49. The claimant also claims interest pursuant to S69 county court act 1984 from 06/04/2012 to date at 8% per annum amounting to 33.89.'

 

Am I right in thinking the documents listed here are the credit agreement between me and Shop Direct and the letter showing the debt was purchased by Lowell from Shop Direct? I can't see anything else that I would class as a document.

[havinastella]

Yes, you are correct.

 

The SAR to Shop direct is a must.

[Blaze36]

Ok, all letters are being sent today - the CCA request to Lowell, the CPR31.14 to Carter and the SAR to Shop Direct.

 

I couldn't get my printer working, so I'm off to get them printed out, then get postal orders for the £1 CCA fee and the £10 SAR fee. All letters will be posted so I can see they've been signed for.

 

I'll update when I hear anything.

 

Quick question - What is the statutory time limit for response to a CCA request? It's not mentioned in the template letter and I've got a three year old hanging off me wanting attention, so I didn't have time to search.

[Blaze36]

I received a reply from Bryan Carter today. Can someone help me make sense of it, please?

 

'We write further to your letter dated 24th January 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. Practice 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 be most properly 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.

 

In any event, the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditor's policy to issue agreements at the start 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 your defence.

 

We confirm that we are in receipt of your acknowledgement of service. As you will be aware a Claim was issued in this matter on 14 January 2014. 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.'

[ims21]

Thread moved to the Legal forum in view of the issue of court papers

[Blaze36]

Thanks for moving it.

 

I've been reading a fair few threads, but I'm still clueless as to how to proceed. I believe I can file something to force the court to order the documents produced, but that it will cost me £40?

[Blaze36]

Isn't there anyone who can help? I appreciate the forum is fast-moving but I genuinely have no idea what to do next and yes, now I'm starting to panic.

[citizenB]

Just adding - I've just acknowledged the service form online, so that gives me until 12/05/14 to file a defense.

 

Erm, if you received your claim around the 18th January.. you dont have until May to submit a defence !!

 

Issue date + 5 for service = XX/XX/XX + 14 days to acknowledge claim = XX/XX/XX + 14 days to submit a defence = XX/02/XX

 

 

They are correct in that they are not required by way of MCOL to attach documents -however they are expected to provide them to you at the earliest time possible. They are just delaying matters by not responding more positively to your CPR request. However again, strange as it might seem, they dont have to until ordered so by the court.

 

If you wish to have the court order them to do so, then you would have to make application on form N244 and yes, it will cost you the £40.00 without a hearing or £80.00 with. You would be able to claim these costs back if you were to win.

 

I think that there comes a point when the Directions questionaiire is sent to you and you can note on that, that the claimant is suing on a contract that they do not appear to be able to produce.

[citizenB]

 

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

 

It is my understanding that Shop Direct do not issue agreements and that the first payment of the account is pretty much an agreement.

[havinastella]

Standard rubbish from carter.

 

Make sure you know when your defense has to be in by and start drafting it. Have a look on other threads and post it up for someone to have a look over it (Andy)

[Blaze36]

Thanks all. That May date is a typo. The defense has to be in by 12/02/14.

 

So, it's a good thing that Carter is being obstructive over producing the documents, then? I just don't know which way is best to proceed - write my defence along the lines of 'I cannot remember owing this debt and Bryan Carter have neglected to produce the agreement that shows I owe this amount' or go straight for the N244 (couldn't afford the cost for a hearing) and hopefully force them to quit when they realise I'm not backing down?

[Blaze36]

I should mention, I have no earned income of my own. My partner works and as a household, we're very low income. The only income I have is child benefit and tax credits (child and working tax credits). Child benefit is in my name, tax credits is joint but paid to me. I can't afford to negotiate any repayments based on my income alone and my partner wants us to look into debt management as we have lots of defaults hanging over us, so he wouldn't be happy for me to agree on any repayments for this that come out of his income. This is just the first one that's come as far as court and unfortunately, it's for the smallest amount, so even if we were to enter into repayment negotiations, it would be given the least priority.

 

Is there any way I can use the above information in my defence?

[AndyOrch]

If money is tight then the last thing you want to do is waste £80 on an application that would fail...I assume you mean use the N244 to disclose or strike out?

 

Regards

 

Andy

[allergor]

How did you get on with this Andy?

[AndyOrch]

How did you get on with this Andy?

 

Not my thread OP is Blaze.

[Blaze36]

No update on this - I've had no reply to my CCA request to Lowell. Tonight I'll be digging out the post office receipt and checking when it was received (sent it signed for), then I'll know whether they've neglected to reply within the statutory time limit.

 

My defence is due to be filed by Wednesday and so far, I have nothing from Lowell or Shop Direct (who I SARd, but they have a longer deadline and my defence is due before that's up). Bryan Carter's reply is upthread.

[Blaze36]

Hi all - I'm submitting an embarrassed defense tonight, based on the fact that Bryan Carter haven't provided me with the documents I asked for under the CRP31.14 and also that the creditor (Lowell) have failed to respond to the CCA request within the statutory time limits. I have a template from another embarrassed defense that I'm working off.