Bryan Carter solicitors court Claim

[owen2014]

Hi All,

I have been directed to here from the mse forum.

I received a claim form from Northampton Court from Bryan Carter after I received this letter.

http://oi58.tinypic.com/vhur2x.jpg

after receiving this I sent them a letter offering £675.00 in F&F settlement. Today I received the following letter -

http://tinypic.com/view.php?pic=2dlk...8#.U8pwTvldXVQ

Just wondering if anyone has any experience with this company and which way to go - I really want to avoid getting a CCJ.

Thanks

[Amethyst]

Re: Bryan Carter Claim

Hi and welcome to LegalBEAGLES

Could you upload a copy (or type out the particulars of claim from the claim form) and tell us the issue date on the claim please.

Many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - Put INTEND TO DEFEND IN FULL - this can be changed later but needs to be done within 14 days to extend the time available to you.

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)



Could you tell us a bit about the background of the debt please. It's a Shop Direct account, so a catalogue credit account.
Do you recall when you opened it ?
Did you open the account online ?
When did you last make a payment towards the debt ?

Yes, Bryan Carter are VERY well known across this forum, have a look through a few threads in the Received a Court Claim forum to get an idea how these things go.

And try not to worry.

Ooo also, if you have a copy of the letter you sent offering F&F could you post that up too please.

Thanks

Sharon
xxx

[Amethyst]

Re: Bryan Carter Claim

Meant to say, once we've got all those bits done it will help see if Bryan Carter are able to claim the debt, and if there are errors in their documentation you may be able to use it to either get them to withdraw the claim, or encourage them to accept your full and final offer.

[owen2014]

Re: Bryan Carter Claim

Heres the form I received

http://i59.tinypic.com/307pyeh.jpg

Could you tell us a bit about the background of the debt please. It's a Shop Direct account, so a catalogue credit account. from what I can remember a very.co.uk account
Do you recall when you opened it ?I have a feeling around 2010 possibly 2009
Did you open the account online ? yes was opened online
When did you last make a payment towards the debt ?again not sure - I have letters of probably 15 different DCA's so you end up losing track of whats what!

Thanks for your help

[Amethyst]

Re: Bryan Carter Claim

Okay so quite recent and quite likely they will be able to send the terms and agreement to you, but then again it is Bryan Carter so worth sending the CCA request and CPR request.

The CPR request can ask for the Agreement and the Assignment, and a statement of account, as they are mentioned in the statement of case.

Don't worry too much about last date, that's just to check if it is statute barred but as it wasn't opened until 2009/2010 theres no chance of that.

[owen2014]

Re: Bryan Carter Claim

Ok I'll make a start on sending that stuff to them - I have already logged online and selected I intend to defend.

The letter I sent then was a standard letter from NDL website I think


I write with reference to the money which you are claiming on the above account.

I can confirm that I am unable to pay the money which I owe in full.

I have had a bad few years with losing a job and falling into severe financial difficulties. My father has agreed to pay all my debts off that total £15000 on a full and final basis. If my below offer is not acceptable then I will start to make payments of £1.00 per month as thats all I can afford.

However, I can raise £675.00 and I want to offer this as an ex-gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you make an entry on my credit reference agency file relating to the above account as having been paid and the account closed.

Payment can be made within 28 Days of receiving your written agreement of this offer and method of payment.


I look forward to hearing from you.

Yours faithfully

[Amethyst]

Re: Bryan Carter Claim

Ok not a problem.

Yes get the CPR and CCA letters sent off - the CCA request goes to LOWELL and the CPR request goes to Bryan Carter.

Keep us updated if you hear anything back, or not, Issue Date 10th July so really defence or admission needs to be in before 13th August.

[owen2014]

Re: Bryan Carter Claim

Ok great - wow this site is great!

So just so I'm clear if I put in the defense do you think this will make BC more likely to accept that offer - to be honest I think I was over generous offering over 50%!

Thanks

[owen2014]

Re: Bryan Carter Claim

For the CPR request what date do I put here

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

[owen2014]

Re: Bryan Carter Claim

So I have sent both letters off to Lowell and BC. I actually had a answerphone from BC so I called back as I thought It would be in relation to the F&F i offered.

The guys basically laughed at me and said the offer is far to low etc.. also tried mashing my head with the CCJ - I just said "I don't want to talk about the court case"

Anyhow I received a letter from BC today. see attached link.

http://i59.tinypic.com/icntcg.jpg

What's the next steps - I have until 12/08 to provide a defense.
Thanks

[owen2014]

Re: Bryan Carter Claim

anyone help?

[Amethyst]

Re: Bryan Carter Claim

Hiya , Just reading.

[Amethyst]

Re: Bryan Carter Claim

Okay that's quite a standard letter from Bryan Carter. If you have had no reply to your CCA and CPR requests by say the 4th August then you can start putting together a defence based on non compliance with each and basically asking for an order for them to supply the documents.

[owen2014]

Re: Bryan Carter Claim

Still not received any update from Lowell re CCA request.

Do I need to anything else as yet? I have until 12th to submit my defense?

[FlamingParrot]

Re: Bryan Carter Claim

Still not received any update from Lowell re CCA request.

Do I need to anything else as yet? I have until 12th to submit my defense?

Any response to your CPR request? You don't need to chase the CCA request but they should respond to the CPR request in 7 days.