Help! Court claim from Bryan Carter/Lowells/HFC

[meandbex]

Hi can anyone help me please?

 

I have today received 2 letters - one from Bryan Carter and

one from Northampton Court.

 

The one from Bryan Carter says>

 

As you have failed to make repayments on the above account we have now issued litigation proceedings in the County Court. You will recieve a claim form in the next 48 hours direct from the court. Balance including interest court cost and solicitor fees is £1125

 

I emailed Bryan Carter this morning with the following>

 

Ref your letter dated 18th July 2014, with instruction to pursue through court please find below

Re:− Account/ xxxxxx

Reference Number :-xxxx

 

I do not acknowledge any debt to your company or its clients. With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. Please note that under no circumstances should this payment be set aside against any alleged debt. If you are unable to supply the documentation requested.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you, as the alledged matter does not show up on any of my credit reports and i shall defend this in court.

 

Their reply back was>

 

LOWELL PORTFOLIO I LTD V xxxxxxxxxxx

ACCOUNT NUMBER: xxxxxxx

CLAIM NUMBER:xxxxxxxx

 

Thank you for your email, the contents of which we have noted.

 

We confirm that we are instructed by Lowell Portfolio I Ltd to act on their behalf in relation to the collection of an outstanding balance in the sum of £1,125.70. The debt relates to HFC Bank LTD account number xxxxxxx which was assigned to our client.

 

It is the original creditor’s policy to provide an agreement to its customers at the point of contract and statements throughout and therefore you have already been provided with validation of the debt. Our client will provide a validation of the debt in accordance with the court’s directions.

 

A Claim was issued in this matter on 17 July 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.

 

We recommend that you seek independent legal advice in this regard.

 

Yours sincerely

 

Bryan Carter Solicitors LLP

11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 01932 341 517

e-mail: [email protected]

 

I checked my credit file and i have nothing showing on my account for this debt. The last time it was acknowledged was July 2008.

 

I have had no letters from either HFC or Lowells. Nothing I have signed for by anyone. The date on the claim form says 18th July. The claim form says it was assigned to Lowell portfolio ltd on 23/10/2013 pursuant to the law of property act 1925

 

What do i do as really do not want to get a ccj as i want to move in 6 months time. Please can anyone help me

 

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

What is the value of the claim? £1125.70

 

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

 

When did you enter into the original agreement before or after 2007? JUly 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. Debt purchaser who has issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No nothing at all. I would remember if i had

 

Did you receive a Default Notice from the original creditor?

 

I think maybe so yes but if i did it is not showing on my credit file for either experian, equifax or Callcredit for anything relating to this matter

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Nope nothing

 

Why did you cease payments:- Completely forgot about it when the now ex was pregnant and we was struggling

 

Was there a dispute with the original creditor that remains unresolved? Nonei know to - theyve never contacted me

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No never

Edited July 22, 2014 by meandbex
missed info off

[dx100uk]

is this another HFC debt from the one you already have a CCJ/CO on?

 

and lets try not to do a headless chicken act this time please:lol:

[meandbex]

Lol....ok.

 

no.this a different one mate. The other one is now the exs problem

[dx100uk]

ok so you never sent an sar to HFC in your name.

[meandbex]

no mate - only as i forgot bout this as i hadnt heard anything from anyone

[dx100uk]

darn

 

what do you mean the last time the debt was acknowledged...how?

[meandbex]

darn

 

what do you mean the last time the debt was acknowledged...how?

 

well i didnt acknowledge the letter itself as i forgot, i meant i guess the last time i recieved anything.

 

I have even today rechecked my credit file to make sure i have not gone nuts - theres is nothing pertaining to this debt what so ever.

[dx100uk]

receiving letters is not an ack of the debt

and does NOT reset SB clock.

[dx100uk]

so when was YOUR last payment then?

or when was it defaulted?

[dx100uk]

get the claim acked on mcol defend all

 

get a CCA request off to lowells not carter BY LETTER

 

and a CPR 31:14 to lowells too.

[meandbex]

Thanks dx- what do i put as my defence? Should be it be fancy worded?

 

I have no idea when my last payment was made

I have no idea if the account was defaulted.

 

I have an old copy of my credit file from 4th January 2014 from check my credit - its shows all the credit agencies. There is NO record of the debt recorded against any of them

 

The only thing i can is is that Lowells made an unrecorded enquiry in November 2013.

 

Thats it - nothing from HFC, or Lowells itself or anyone else?

[dx100uk]

please do post 10

 

you don't need to enter any thing in the defance at this time

 

just exit mcol once you have acked the claim

 

and ticked defend all

 

dx

[meandbex]

ok - thansk dx Then sit back and wait? What happens when that form gets submitted defending it?

[dx100uk]

what form?

 

you do it online again.

 

but that's 33 days from the date on the for away.

 

so you have now ack'd the claim.??

[meandbex]

no ive just logged in and about to start...it says

 

Did you dispute the the claim as you paid for it , yes or no

 

I selected no

It then says please state your defence in a maximum of 122 lines...

 

ive stopped and done nothing more now,,,

[dx100uk]

you need the AOS section

 

just ack the claim.

 

defend all exit mcol.

 

dx

[meandbex]

you need the AOS section

 

just ack the claim.

 

defend all exit mcol.

 

dx

 

 

forgive me for being dumb, but it only gives me 3 options....

https://www.moneyclaim.gov.uk/web/mcol/welcome

[dx100uk]

have you registered with MCOL yet

[created an account?]

 

and noted the long number you get

 

then logged in using those details.

[meandbex]

have you registered with MCOL yet

[created an account?]

 

and noted the long number you get

 

then logged in using those details.

 

Okay - logged in then i see AOS.

 

This was issued on 17th BC said.

 

Letter from court says 18th July.

 

Have i missed deadline?

 

message says

 

 

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

 

Acknowledgment of Service Submitted

 

Claim Number xxxxxxx

 

 

Response type

Acknowledgment of Service

 

Claimant name

LOWELL PORTFOLIO I LTD RE:LOWELL FINANCIAL LIMITED

 

Defendant name

Mr xxxxxxxxx

 

Submission date & time

23/07/2014 22:45:11

 

If your response was submitted on or before 4:00pm on a day on which the court is open, it will be received and processed on that day. Responses submitted after 4:00pm will be received and processed on the next day that the court is open.

[dx100uk]

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

 

 

done!

 

dx

[meandbex]

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

 

 

done!

 

dx

 

 

i panic too much lol.

 

so what happens now as not done this before. Ive written my CCA to Lowells. now just need to find the cpr form thing.

 

I might need cpr by the end of all this lmao...

[dx100uk]

top library tab legal section

[meandbex]

thanks dx - got it

[dx100uk]

on the front page of you claim form

type out the PoC

exactly as it appears

{minus your details]

 

and please don't send that other version of the CCA you emailed in post one

 

use our CCA request only

[meandbex]

ok - will do thanks. Seems there are so many variations of forms when you select search - I keep forgetting about the Library doh!

 

So the process from here then, does that mean i still have to go to court?

Is there an acknowledgement that it gets delayed?

If it does do i need to provided evidence etc etc

If so what kind of evidence

 

How likely is it that i wont get a ccj? - massivley important i dont so i can move and be closer to my mum and my kids