Bryan carter and Halifax...court claim received.

[Confuseddotty]

Hi everyone

 

I hope someone can help me.

On the 17th July I received a letter from Bryan carter advising me that they were taking me to court and I would receive the documents within 24-48 hours, I received the court document the same day from Northampton court.

 

The debt is for Halifax 2009, a debt which was an overdraft (£69) and ended at £539.00 I don't remember this debt and vaguely remember the overdraft, never that amount. I checked my credit file to obtain this information,although that hasn't been updated since December 2009.

 

I have requested an CPR 31.14 from Lowells as these are the claimant and shall enter my acknowledgement of document tomorrow as there is an error on the website (444 error? ) the date of the court document is 17th July.

 

The debt was purchased by Lowell in June 2013, which I had no knowledge of.

 

Now with my defence can I dispute the amount owed ?, what is my next steps once I acknowledge the forms ?

 

Thank you for your help.

[AndyOrch]

Hi dotty and welcome to CAG

 

If you could read and complete the following here by pasting your answers then we can advise accordingly.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[Confuseddotty]

In order for us to help you we require the following information:-

 

Name of the Claimant ?

 

This is Lowell

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

The 17/07/2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

I'm not sure what I need to do above

 

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

This claim is for 539.58 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 ltd on the 03/07/2013 and notice served pursuant to the law of property act 1925.

 

HBOS

A/C - **************

 

 

and the claimant claims 539.58

the claimant also claims interest pursuant to s69 county court act 1984 from 03/07/2013 to date at 8% per annum amounting to 44.72

 

 

 

What is the value of the claim?

 

Its £714.30

 

Amount claimed is - £584.30

Court fee - £60.00

Solicitors - £70.00

 

Is the claim for a current or credit/loan account or mobile phone account?

 

It's a current account

 

When did you enter into the original agreement before or after 2007?

 

It was December 2008

 

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.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Not that I can remember

 

 

Did you receive a Default Notice from the original creditor?

 

Not that I can recall

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments:-

 

I didn't realise I owed money as I had an overdraft which was originally at £50

 

Was there a dispute with the original creditor that remains unresolved?

 

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

No I didn't speak with them, they also didn't follow instructions for a change of address

 

 

thank you

[AndyOrch]

Excellent dotty

 

 

" The 17/07/2014

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

I'm not sure what I need to do above "

 

This is your time line in which you must follow the dates and act accordingly by so issued 17th July you add 19 days...17th being day 1 so by the 4th of August you must acknowledge the claim and state your intended plea...defend all admit part etc.You can complete this on line by registering to use MCOL...information on how to is contained within the claim pack.

 

If you are intending to defend all you then get an extra 14 days to prepare and submit a defence i.e. the 17th August which = 33 days in total.

 

You can use this time to decide which way you wish to deal with the claim and if you intend to defend in full then you need to gather information from your own sources and also the claimant...send the following to the claimant...edit to suit if there is anything you already have in your possession.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

[Confuseddotty]

Thank you for the swift reply, I really do appreciate it.

 

I have sent the CPR 31.14, so I guess it's a matter of waiting for the documents to be sent and then I can submit my defence, I have no problem paying with what I owe if that's the case, but the over inflated costs are shocking.

 

Thank you again

[AndyOrch]

And you have sent the correct CPR 31.14 for Current Accounts as per the above link?

[Confuseddotty]

Yes that's the one I have sent to them, so hopefully they will provide me with those shortly

[AndyOrch]

Good show...so now you need to register with MCOL in preparation of acknowledging the claim...they will provide a username .....your password is already on the claim form.

[Confuseddotty]

Apologises I have actually sent that form to Bryan carter is that correct or do I need to sent to Lowell ? As it states on the court document that all documents to be sent to him ?

 

Thanks again

[AndyOrch]

Nooooo only requests for documents to be sent to the solicitor named on the claim...have you kept copies....did you state you wished to defend?

[Confuseddotty]

Hi

 

Yes I've kept a copy and they know I fully well intent to defend, I have also send it recorded so I have proof they will have received the letter too

 

Hopefully the court site shall work later and I can acknowledge

 

Thank you

[AndyOrch]

You only send the claim form to their solicitor if you admit the debt and complete the I&E with a proposed monthly payment enclosed within the N9a.

Yes you must register and acknowledge on line.

[Confuseddotty]

Oh dear I'm more confused I've sent the CPR 31.14 to Bryan carter :-s

I've not sent anything to Lowell

And the court acknowledgment I need to do online via money claim site

 

Do I need to resend the CPR 31.14 to Lowell ?

 

I'm sorry if I've now confused you too

[AndyOrch]

No its fine...in reality all requests should go to the solicitor named on the claim form...but as this is BC we tend to by pass him to save you receiving his nonsensical template responses:-)

[Confuseddotty]

I am actually expecting some nonsense from him, so may send one to Lowell too that way I've covered all areas, and I can add it to my defence

 

Thank you again just going to try the court website to see if it's working now

[Confuseddotty]

Me again

 

Finally managed to get into the court website and done my AOS, do I defend all the claim ? Or part of the claim ? Or contest jurisdiction ?

 

Thanks again

[AndyOrch]

Its your choice but anything less than defend all will result in a CCJ...you dont contest judgment.

 

Regards

 

Andy

[Confuseddotty]

Can I defend based on them not following correct protocol ? I've only acknowledged at the moment also what happens if the court rules in BC favour ? Are you able to dispute it again ? Will I be charged even more ?

 

Thank you again for your help

[Confuseddotty]

Ohh and his signed for my letter too although not expecting much from him : -)

[AndyOrch]

Can I defend based on them not following correct protocol ? Depends what you mean by protocol I've only acknowledged at the moment also what happens if the court rules in BC favour ? You get a CCJ...which you will get anyway unless you at least try to defend which will show on your CRA,s for 6 years Are you able to dispute it again ? Only if you have deep pockets and permission is allowed Will I be charged even more ? Minimal costs in SCT

 

Thank you again for your help

 

Andy

[Confuseddotty]

Andy

 

Hi

 

Thank you for you reply, I've received the wonderful letter today from BC

 

We confirm the claim form was issues by the county court at Northampton business centre and that the courts protocol was followed when issuing the claimant 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 that the matter will most likely be allocated to a 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 notice of default and assignment left the control of the claimant when they were dispatched to you and that it was the creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement, and in this regard they want me to refer to my own records

 

Is this man for real ? I mean seriously ? Does he want to take people to court and not supply the credentials ?

 

Any ideas what I should do now, thank you

[AndyOrch]

I did warn you it was coming...submit a defence and you will get more followed by either a Consent to settle or a Notice of Discontinuance.