Carter/Lowells Claim Form Co-Op student AC OD 2008

[junior232]

Hi all,

 

I am in a situation and I hope someone can help.

 

I have recieved a claimform today from northampton county court,

 

I had a student account with co-operative bank for £1200.

 

I defaulted on the account and

 

I have been chased by debt collectors (Bryan carter solicitors/Lowell portfolio) for 5 years,

 

I know I should have done something about this but I just ignored all the letters and I regret not doing something.

 

Court fees have been added on to what I owe,

this may sound like a stupid question but

 

is there a way I can reduce the overall amount and pay the debt collector and avoid getting a CCJ on my credit file?

 

I am aware if the whole balance is cleared within 1 month from the County court letter the CCJ can be removed.

 

I don't have all the money but I can clear half the balance.

 

I know this may be a long shot but any help will be appreciated.

[ims21]

Is it a claim form that you have received or something different?

 

A "CCJ Letter" doesn't tell us exactly what it is.

[junior232]

I apologise, it is a claim form. I opened the student account in 2009.

[ims21]

Ok thanks.

 

First off have a read here and can you post up the answers to the questions in the PDF in post #1 please.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.&p=4497982#post4497982

 

The legal guys will be along to help as soon as they are available.

 

I have moved your thread to the legal forum.

[junior232]

Hi thank you for your reply,

 

I have completed the PDF and my responses are below:

 

Date of issue-17 march 2014

 

Date of issue 17 march 2014+ 5 days for service = 22 march 2014 + 14 days to acknowledge = 6th April 2014 + 14 days to submit defence = 20 April 2014

 

What is the claim for?- The claim is for £1012.43 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/ or goods.

 

What is the value of the claim? Total value of claim:1012.43+92.98(interest pursuant to s69 at 8% per annum)+65(court fee)+80(solicitors costs)=£1250.41

 

Is the claim for a current or credit/loan account or mobile phone account? The claim is for a student account with an overdraft facility (current)

 

When did you enter into the original agreement before or after 2007? Account was opened in 2008, I am still within 6 years of default date

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

 

On the claim form the claimant is listed as Lowell portfolio,

the address for sending payments or documents to is listed as Bryan carter solicitors

who have also signed the claim form.

In the particulars of claim it states,

this debt was assigned to/purchased by Lowell portfolio on xx/xx/2013

and noticed served pursuant to the law of property act 1925.

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I do not know if received a notice of assignment, to be completely honest I did not read all the letters sent by the debt collectors.

 

Did you receive a Default Notice from the original creditor? I cannot remember if I received a default notice.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I cannot remember if I received any letters with the above.

 

Why did you cease payments? I organised a payment plan with bryan carter a few years ago but ceased payments because I could not afford to carry on paying the monthly amounts.

 

Was there a dispute with the original creditor that remains unresolved? There is no dispute that remains unresolved.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

I did communicate to the original creditor regarding financial problems via telephone and I have not attempted to enter into a debt management plan.

[dx100uk]

current account CPR 31:14 from the green library tab top left to LOWELLS do not sign it.

 

send the co-op an SAR [sign the letter]

 

how did carter get you paying..

 

threat-o-grams?

[junior232]

Hi,

 

Thank you did your reply, I will send both of first thing tomorrow.

 

Yes carters sent me letters threatening court action so I arranged a payment plan, I couldn't afford the payments so I stopped paying.

 

What should I do with claim in the meantime?

[junior232]

CPR 31:14, can I put my name after yours faithfully?

[dx100uk]

just type it.

 

dx

[dx100uk]

Hi,

 

Thank you did your reply, I will send both of first thing tomorrow.

 

Yes carters sent me letters threatening court action so I arranged a payment plan, I couldn't afford the payments so I stopped paying.

 

What should I do with claim in the meantime?

 

register with mcol

 

then ack the claim using the claimform number & the password

 

defend all [else you'll get a CCJ by default anyway.]

 

untick jurist box

[junior232]

Hi,

 

I will register with mcol.

 

Can you explain a little further about what this will achieve?

 

If I intend to defend even though I owe the money and the debt firm respond with all the documents requested in the CPR

how will that help a defense case?

[dx100uk]

if you don't defend all at this stage

 

you will get a CCJ regardless of what you latterly do.

[junior232]

Ok I understand.

 

I am aware that if the judgement is fully paid within 28 days you can have the CCJ removed from your credit file.

 

As I am sending letters and requesting more information from original creditors and solicitors this may take longer 28 days,

 

my main priority Is to try and avoid a CCJ on my credit file,

 

if all documents are provided within the 28 days do you think the full amount should be paid to avoid the CCJ?

 

Obviouslly after 28 days I would not be able to remove the CCJ unless I have a valid reason,

 

in your experience has a CCJ been removed from a credit file by the courts because of the delay in getting documents from creditors?

[dx100uk]

you are assuming you WILL get a CCJ. just because you don't have the docs

doesn't mean it automatically be given.

 

if the docs don't come thru, then extra time could be given by the claimant.

 

its worthy to bear-in-mind

that carter often withdraws when challenged.

 

also

you say in post 1 you ignored all letters

 

yet you say you started paying carter sometime?

[junior232]

Hi,

 

Just to respond to your question in the last post:

 

I apologise i should not have stated i ignored all letters,

 

i did read the letters when i first started getting threats from Carter solicitors which is when i agreed a repayment plan,

 

when i started this post i was panicking so i apologize for the confusion.

 

I have sent of the CPR31:14 to Lowell Portfolio, just to clarify this was to be sent to the claimant and not the solicitors?

[dx100uk]

where carter is involved

its better to send to the CLAIMANT

as carter ignore CPR's

 

dx

[junior232]

Hi,

 

Just a quick update, it will be 7 days on Monday since I sent CPR letter to Lowell.

 

What is the next step if I do not hear anything by Monday?

[dx100uk]

why Monday?

 

you haven't got to file for 33 days from 17th march [inc]

[junior232]

Hi,

 

I apologise for the delay in responding.

 

I was reffering to the CPR letter that I sent to lowells,

in the letter it stated Lowell had 7 days to respond, I assumed if they didn't meet the deadline further action could be taken.

 

I have received a reply from Lowell today confirming they have received my complaint and it has been passed to the customer relations team to investigate.

 

They also state it would be easier for them if I called them to discuss things further

and hopefully agree a resolution and my account will be placed on hold and all collection activity will be placed on hold.

 

I have until the 20th of April to file a defence,

 

to prepare for this can anyone suggest a defense I can use please?

[dx100uk]

you have weeks yet.

 

there are plenty of threads in this forum regarding no documents returned defence

 

 

dx

[junior232]

Hi all,

 

I have until the 20th of April to submit my defense, Lowell have not provided the documents requested under CPR 31-14, can someone have a look at the defense below please confirm if this acceptable and let me know if i can submit the defense via email to the courts, thank you.

 

 

 

Between:

 

 

(state Claimant’s name here) Claimant

 

 

-and-

 

 

(State your name here) Defendant

 

 

Defence

 

1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Lowell.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:

 

A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

 

5. On (xx/xx/xxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim.

 

On (xx/xx/xxxx) the Claimant responded (Will input the response provided by Lowell).

 

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

7.The claimant has failed to comply with my requests for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer. It has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person.

 

8. Since the claimant has failed to comply with the request for disclosure as outlined in point 5, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim.

 

9 I further ask the court consider striking out the claimant’s case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly.

 

10.Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defences and counterclaim and will seek the courts permission to amend my statement of case according

 

Statement of Truth

 

I, XXX believe the above statement to be true and factual.

 

Signed XXX

[AndyOrch]

Very out of date junior and not CPR compliant...take a look at some of the newer defences I have drafted.

 

Regards

 

Andy

[junior232]

Hi Andy,

 

Apologies, i am not familiar with the legal process so please bare with me. I have looked around and i have found one that i think my be suitable. Just to update, i have found the notice of assignment that was sent to me and sold to lowell in january 2013, Carters have been contacting me for several years.

 

Between:

 

 

(state Claimant’s name here) Claimant

 

 

-and-

 

 

(State your name here) Defendant

 

 

Defence

1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract.

 

2. The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) Show how the Defendant has entered into an agreement or contract with the Claimant; and

(b) Show how the Defendant has reached the amount claimed for; and

© Show the nature of breach and provide evidence of any Default Notice and Notice of Sums in Arrears

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the consumer credit Act 1974.

 

6. On (xx/xx/xxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim.

 

On (xx/xx/xxxx) the Claimant responded (Will input the response provided by Lowell). No response/documents have been provided by Lowell since their last letter.

 

7. The Claimant has not provided a default notice as claimed.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Statement of Truth

 

I, XXX believe the above statement to be true and factual.

 

Signed XXX

[junior232]

Can someone look at the above defense please and let me know if this is suitable to use? I have until the 20th April to submit, thank you.

[junior232]

Hi,

 

Can someone please look at my defense?