CCJ claim Bryan Carter/Lowell

[Jagoza]

Hi all I need advice desperately, received a Claim Form from Cointy Court from BC solicitors, original debtor is A Halifax Cc Card, which I have defended, I logged in online to defend and sent them a letter by post asking for proof of debt etc I have now received this letter from BC and another letter from the court intending to file for small claims track, I don't want this to go to court so should I contact BC solicitors re their letter saying that would like to resolve this matter and come to some arrangement???
Help,desperately

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

Hi all I need advice desperately, received a Claim Form from Cointy Court from BC solicitors, original debtor is A Halifax Cc Card, which I have defended, I logged in online to defend and sent them a letter by post asking for proof of debt etc

It would be good if you could post up what your defence was. :typing:

I have now received this letter from BC and another letter from the court intending to file for small claims track, I don't want this to go to court so should I contact BC solicitors re their letter saying that would like to resolve this matter and come to some arrangement???
Help,desperately

There is no need to panic. This has ALREADY gone to court, from the time the claim was issued. This is just routine, once a defence is submitted, the claim needs to be allocated, most often according to its value, i.e. most claims below £10k go to small claims where a simplified case management process is followed.

You need to fill in and return the questionnaires as requested. You will notice item A on the form is labelled Settlement/mediation, if you tick the box agreeing to mediation, you will have the opportunity to speak to someone (usually over the phone) who will help you if you wish to come to an arrangement as you say above.

Before going any further, we need more information both about your defence and the history of this account, such as:

• When did you take out the card?
• When did you last make a payment?
• Did you ever request a copy of your agreement, either before or after the claim was issued?
• If so, what was their response?
• Did you ever dispute this account?
• How much is the claim for?

There is always a solution to every situation and you could settle this matter via a Tomlin Order to avoid a CCJ if it came to that, however, we need to know the answers to all of the above to be able to comment further. :ranger:

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Hi many thanks for the replys, I can't remember exactly last date of payment but it must have been around 2007, card was taken out around 2006, no not disputed the claim, I have sent them a basic request of the agreement enclosing a £1 postal order. My original defence letter I sent was just saying that I hadn't received a default and for them to send proof of the debt which they as yet haven't responded to. The only letter I have recieved since is the one attached from them.
The debt is for just below £1100.

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

Hi many thanks for the replys, I can't remember exactly last date of payment but it must have been around 2007, card was taken out around 2006, no not disputed the claim, I have sent them a basic request of the agreement enclosing a £1 postal order. My original defence letter I sent was just saying that I hadn't received a default and for them to send proof of the debt which they as yet haven't responded to. The only letter I have recieved since is the one attached from them.
The debt is for just below £1100.

If there's been no payments or written acknowledgment since 2007, then it would have been statute barred at the time the claim was issued. :thumb:

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

So what should I do?

[nemesis45]

Re: CCJ claim Bryan Carter/Lowell

You can opt for mediation via HM Courts Small Claims Mediation Service.
Have you check credit reference files? Could be a good idea to check
to see if there is an entry for this, I doubt there will be but best to be sure.
The CCA request is important, if they agreement is not produced within
the 12 + 2 working days timescale the debt is unenforceable until the agreement
is supplied.
Carter/Lowell will not know if the debt is statute barred or not so
We can try to stop this now with a letter to Carter along the lines of the following:

To

Mr Bryan Carter
Principal
Bryan Carter LLP


Date:

Ref: County Court Claim No....................................

Dear Mr Carter,

I am in receipt of your letter dated............................. and have noted that your client Lowell Portfolio 1 Ltd is willing to
enter into negotiations/mediation regarding the alleged debt which is the subject of this claim.

Please note I do not acknowledge any debt to your client, and on receiving this claim I took the
opportunity to check my credit history and this leads me to conclude that this alleged debt is statute
barred under the provisions of section 5 of the Limitations Act 1980.

Given this information I suggest you revert to your client suggesting that this claim is withdrawn
forthwith as the alleged debt was statute barred prior to the issue of this claim.

I am sure you are aware that the onus of providing unequivocal proof that the alleged debt is not
statute barred falls entirely upon your client.

Unsupported claims of " one off" payment being made within the relevant 6 year period will be
robustly refuted.
I will allow 7 working days for you to consult with your client after which I will seek to have the claim
struck out.

Yours etc.

Use signed for post and check delivery date.


For info, this in not an acknowledgement of liability and does
not affect you submitting a defence to the claim if needed.

nem

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Many thanks for this will let you know what happens

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

shall I opt for mediation? i have sent off the statue barred letter now, or shall i wait and see if they reply, i need to fill in the court mediation letter and send it off by the 3rd july??

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

shall I opt for mediation? i have sent off the statue barred letter now, or shall i wait and see if they reply, i need to fill in the court mediation letter and send it off by the 3rd july??

TBH, if you are defending on the basis of statute barred I don't see any point in opting for mediation, you will only be able to tell them that the debt is SB so there's nothing to mediate.

You are probably referring to the N180 directions questionnaire which you still have to fill in and return by the date indicated by the court. Under C no reason to object to small claims allocation. Give details of your local court under D1, no need for experts on D2 and just yourself (one) on D3. List dates when you wouldn't be able to attend a hearing (for example, holidays booked) under D4. No need for an interpreter.

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

Have I got to go to a court though? I really don't want this 😡😡😡 can't this be done via letter?

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

Have I got to go to a court though? I really don't want this  can't this be done via letter?

It's still halfway through, it may not reach that point especially with a SBd debt, it may well get discontinued if they can't find any arguments to dispute that it is SBd. :thumb:

Even if it gets to court, SBd is the very best defence there is so nothing to worry about. :nono:

For now the questionnaires have to be returned by post.

[nemesis45]

Re: CCJ claim Bryan Carter/Lowell

shall I opt for mediation? i have sent off the statue barred letter now, or shall i wait and see if they reply, i need to fill in the court mediation letter and send it off by the 3rd july??

Hi Jagoza it's always advisable to " tick for mediation" the Courts expect the parties to a claim to attempt to settle a claim without going to the hearing stage, your showing willingness to do this will be looked on favourably by the court.


nem

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

I have had this reply from them this morning, and I have also sent off to the court that I am willing to enter mediation? What happens now?😏😏😏

[FlamingParrot]

Re: CCJ claim Bryan Carter/Lowell

I have had this reply from them this morning, and I have also sent off to the court that I am willing to enter mediation? What happens now?

Their clients position can be whatever they want it to be. They don't make the law. A credit card is supposed to be paid on a certain date every month. Once you've missed a couple of payments, the creditor would have a cause of action. From what you say above, they've not even supplied you with the DN. It will take more than a letter stating their client's position to convince a judge. :thumb:

Letters like that are not uncommon during litigation, to try and get the other side to either roll over and pay or discontinue the claim depending on which side we're on. You have submitted a defence and returned the directions questionnaires. The court will give directions which will include the disclosure of documents relied on for their claim. Let's see if they can produce more than a letter stating their client's position. :ranger:

[Jagoza]

Re: CCJ claim Bryan Carter/Lowell

No they haven't even supplied me with a DN ... I have done everything asked of me .... Just wonder what happens at mediation as I really don't want to have to face a judge at all