Lowell/Bryan Carter Claim Form - Capital One credit card, poss SB

[kaybeok]

Hi there, newbie here!

 

I would be so grateful if I could get some advice and help on this.

I've been reading so much on this awesome forum that my head is starting to spin.

There's definitely loads to get through.

 

 

Without further ado,

I received a claim form with issue date 12 May 2015.

Solicitors are Bryan Carter and claimant is Lowell.

It's for a capital one credit card I took out pre 2006.

 

 

To my knowledge, this debt is statute barred as I have not communicated with Lowell in recent times.

I did find a letter that I drafted to Lowell some time in 2010;

however, I am not sure I sent it to them as I have no trace of making any payments to them.

 

Name of the Claimant ? Lowell portfolio

 

Date of issue – 12th May 2015. I have calculated my timeline as thus - Issue date - 12/05/2015 + 5 days of service - 16/05/15 + 14 days to ack - 30/05/15 + 14 days to submit defence - 13/05/15. Hope I'm right. - 4pm Friday 12th june-dx

 

What is the claim for –

 

The Claimants claim is for the Sum of £848.03 being monies due from the defendant to the claimant

under an agreement regulated by the consumer credit Act 1974

between the defendant and Capital One under account reference XXXXX

and assigned to the claimant on 15/09/2006, notice of which has been given to the defendant.

The defendant failed to maintain the contractual repayment under the terms of the agreement

and a default notice has been served which has not been complied with.

And the claimant claims £848.03

The claimant also includes statutory interest pursuant to S.69 of the county acts 1984 at a rate of 8.00% per annum

from the date of assignment of the agreement to date but not limited to a maximum of one year and a maximum of 1000 amounting to £67.85

 

What is the value of the claim? £915.88 + £60 Court Fee and £70 Sol's costs

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

 

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

 

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. lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so but it was a long time ago

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, not in the last 4 to 5 years definitely

 

Why did you cease payments? Lost my job and could not keep up with payments

 

What was the date of your last payment? Not sure at all, definitely pre 2010 but I no longer have access to the bank account I was using pre 2010

 

Was there a dispute with the original creditor that remains unresolved? No

 

I am looking to acknowledge via MCOL before the week runs out and I have prepared my statute barred defence as thus:

 

1 The Claimant's claim was issued on 12/05/2015

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £915.88 or any other sum, or relief of any kind is denied.

 

Is this ok? Do I need to send both CCA and CPR 31.14 requests to Bryan Carter or will the CPR 31.14 request alone suffice?

 

Thanks so much in advance!

[dx100uk]

adjusted you def file date.

 

all seems good

it wont hurt to ring cap1 and ask for the last payment date.

 

if you are going SB'd

there no real need for CCA/CPR but it wont hurt.

 

dx

[kaybeok]

Thanks ever so much for your help dx100uk.

 

 

I did give capital one a ring to find out when my last payment to the account was.

 

 

At first the account was not coming up as it's a pretty old account.

 

 

The guy eventually did something and the account came up but then I could not remember any of my old details

e.g my address at the time (I have moved a number of times since then) and my phone number (this has changed since then).

So, understandably, they could not give me the details I wanted. Would this be a problem?

 

I also wanted to confirm if it's okay to acknowledge now with my statute barred defence or wait until a few days before the 30th of May to do so.

 

TIA

[unclebulgaria67]

Acknowledge the claim online and that you will defend in full. The submit your defence by the date required. You should probably send Bryan carters the CPR 31.14 letter asking for the CCA, copies of statements of account, default notice and add a note to the letter that you believe this matter is statute barred.

[AndyOrch]

Section 78 request must be used for the CCA (Credit Consumer Agreement) not CPR 31.14.

 

Andy

[kaybeok]

Thanks unclebulgaria67.

 

I have acknowledged the claim online; however, when I tried to log back in with my claim number and password just to check the acknowledgement has been received, I kept getting an error message from MCOL - Claim number or password is incorrect!!! This is worrisome!

 

I'll wait another hour or so before trying again. Would I have to call the MCOL helpline if I still can't log in? Does anyone know if this is a norm?

 

Thanks.

[AndyOrch]

Yes its normal...at the moment

[kaybeok]

Thanks andyorch.

 

Do I need to request a CCA or will the CPR request alone suffice? Also, do I send the requests to both Lowell and Bryan Carter? I have drafter the CPR 31.14 letter based on the template from the forum. Is it okay if I post on here so someone can have a read before I put it in the post? Thanks!

 

Sorry for the many questions!

[AndyOrch]

CPR is a civil request...the claimant is not compelled to comply.Section 77/78 request is a legal request...which they are compelled to comply...otherwise they are unable to enforce.

 

No dont post templates on the open forum...they are members only...not guests.The instructions are provided within the template....you can only request what they have referred to within their particulars of claim.

[kaybeok]

I'm so sorry if I sound like a dimwit, so do you suggest I send both the CCA and CPR requests to both Lowell and BC?

[AndyOrch]

CCA to the claimant...CPR to the Solicitor

[kaybeok]

Thank you! Thank you! Thank you! You totally rock!

[kaybeok]

Okay, my letters (CCA and CPR 31.14 requests) are ready to go but I would really really appreciated it if someone could just have a quick look through before I go to the post office. Any way of doing this? Thanks!

[kaybeok]

Was finally able to log in to respond to my claim! Turns out the acknowledgement process never went through when I did it on Tuesday!! Glad I still had enough time!

 

A claim was issued against you on 12/05/2015

Your acknowledgment of service was submitted on 21/05/2015 at 09:21:23

[AndyOrch]

Keep your eye on your defence date........

[kaybeok]

Thanks andyorch! I will do - 12th of June 4pm

 

Will leaving it until say the 9th of June be okay?

[AndyOrch]

Yes that's fine.

[kaybeok]

Great! Thanks!

[kaybeok]

So yesterday, I received the generic Bryan Carter response as follows:

 

We write further to your letter Dated xx May 2015 requesting disclosure under part 31 of the Civil Procedure Rules.

 

We confirm the claim form was issued by the County Court Business 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 most properly be 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 creditors policy to issue the agreement at the start of the contract and statements throughout the duration of the account and in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing the defence.

 

As you will be aware a claim was issued in this matter on or around the xx May 2015 and we are in receipt of your Acknowledgement of Service.

 

We recommend you seek independent legal advice.

 

 

I have been reading other similar threads and wondered if I should just go ahead and submit my defence as outlined earlier in this thread? My deadline is 4pm on the 12th of June. TIA

[Old Cogger]

usual Carter Bull xxxx response, prior to allocation.

[AndyOrch]

"I have been reading other similar threads and wondered if I should just go ahead and submit my defence as outlined earlier in this thread? My deadline is 4pm on the 12th of June. TIA "

 

 

May as well as there will be nothing forth coming from MR Carter

[kaybeok]

Hi all, thanks for all your help thus far.

 

I received the N180 form on Friday and I have filled it already. I am hoping to send it off to the county court business centre soon (deadline is 27th July); however, it says on the form to "serve copies on all other parties". Does this mean I need to make copies and send to BC as well?

 

As expected, I also received a letter from BC about "negotiations to try and achieve a solution". I don't need to respond to this letter do I? (just checking).

 

TIA!

[Old Cogger]

usual begging letter they send out - ignore

[kaybeok]

I thought so too. Thanks MIKE770

[Old Cogger]

I thought so too. Thanks MIKE770

 

 

does seem to be a regular template from them!