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Bryan Carter - Lowell - Vanquis Debt

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  • Bryan Carter - Lowell - Vanquis Debt

    Hi New to the forum and I am looking for a bit of advice.

    Received country court documents on the 28/08, documents dated the 26/08.

    I have Acknowledged the claim on the 05/09/2015 and my intent to defend.

    Claim particulars

    "The claimant claim is for the sum of £792.33, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Vanquis Under account reference XXXX and assigned to the claimant on the 02/09/2011, notice of which has been given to the defendant.

    The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice nas been served which has not been complied with.

    The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 9% per annum from the date of assignment of the agreement but limited to a maximum of one year and a maximum of 1000 amounting to 63.40."

    I have submitted letters today. sent recorded delivery.

    CCA Request to claimant aong with £1 postal order.

    CRP request to Bryan Carter

    letters below

    Dear Sir/Madam

    Re:− Account Number XX

    With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a legible copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

    We look forward to hearing from you.

    Yours faithfully



    CRP

    Dear Sirs,

    Claim Number:

    Request for documents mentioned in a statement of case under CPR 31.14

    On 28/08/2015 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    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 17/09/2015.

    1. Agreement
    2. Assignment
    3. Default Notice

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

    I look forward to hearing from you.


    I am now looking for advice as to what will happen next, when will I need to fie a defence?
    Will I need to go to court
    What actions are Bryan Carter Solicitors likey to take?

    Thanks for your time and speak shorty.

    Richard
    Last edited by Kati; 8th September 2015, 09:39:AM.
    Tags: None

  • #2
    Re: Bryan Carter - Lowell - Vanquis Debt

    Welcome aboard
    Originally posted by spenni331 View Post
    Received country court documents on the 28/08, documents dated the 26/08.

    I have Acknowledged the claim on the 05/09/2015 and my intent to defend
    .
    :clap2: :thumb:

    Originally posted by spenni331 View Post
    I am now looking for advice as to what will happen next, when will I need to fie a defence?
    Your deadline would be the 28th of September: http://www.timeanddate.com/date/date...aw=&ad=33&rec=
    Originally posted by spenni331 View Post
    Will I need to go to court
    What actions are Bryan Carter Solicitors likey to take?


    Thanks for your time and speak shorty.

    Richard
    At this early stage I can't tell you whether this will get as far as court or not, however, knowing Mr Carter, he won't send any documents simply because his clients haven't got them, they issue these claims in the hope of obtaining default judgment. :rant: :mad2:

    Lowell will rely on Vanquis to provide them with a copy of your agreement in response to your CCA request so it all depends on how quickly they can find the documents. It would be unheard of for them to respond within the 12+2 working days timescale. :flypig: :flypig: :flypig:

    The majority of people who receive claims issued by this Dynamic Duo end up submitting a generic defence based on not having obtained any documents to start with.

    Out of interest, when did you take out this Vanquis card?

    Comment


    • #3
      Re: Bryan Carter - Lowell - Vanquis Debt

      Hi Flamingparrot,

      and many thanks for your input and help.

      I am pretty sure the debt is very close to become time bared over 6 years since last payment was made, I will need to try and do some digging to see if I can locate any paper work. It was around 2008-2009 I took out the card.

      In terms of the court claim, do Bryan Carter/Lowell need to provide any initial evidence to the court or is the county court claim usually made in hope people actually pay./or have judgement against them? Appreciate this is a debt I should of looked after, but I have served around 5 years with this default on my file and was looking to get a house in the next couple of years. If judgement was raised against me seems terribly unfair that this mistake has cost me potentially 12 years without any hope of getting a mortgage.

      Cheers

      Comment


      • #4
        Re: Bryan Carter - Lowell - Vanquis Debt

        Originally posted by spenni331 View Post
        Hi Flamingparrot,

        and many thanks for your input and help.

        I am pretty sure the debt is very close to become time bared over 6 years since last payment was made, I will need to try and do some digging to see if I can locate any paper work. It was around 2008-2009 I took out the card.
        The clock stopped running on the day the claim was issued so you'd need to be looking at at least 6 years without payments or written acknowledgment before that date.
        Originally posted by spenni331 View Post
        In terms of the court claim, do Bryan Carter/Lowell need to provide any initial evidence to the court or is the county court claim usually made in hope people actually pay./or have judgement against them?
        When claims are issued electronically using the bulk centre there is no requirement to attach any paperwork and they take advantage of this fact to issue claims without having any evidence. :rant: :rant: :mad2: However, as the case progresses, they will eventually be required to produce the paperwork before the hearing. :sad:
        Originally posted by spenni331 View Post
        Appreciate this is a debt I should of looked after, but I have served around 5 years with this default on my file and was looking to get a house in the next couple of years. If judgement was raised against me seems terribly unfair that this mistake has cost me potentially 12 years without any hope of getting a mortgage.

        Cheers
        Not necessarily. If it came to that point you could look at settling it via a Tomlin order which stays proceedings as long as you keep up the agreed monthly instalments. This has the effect of avoiding a CCJ on record, however, it should only be used as a last resort. :thumb:

        Comment


        • #5
          Re: Bryan Carter - Lowell - Vanquis Debt

          Thanks again, your help and guidance is most valuable.

          Was unaware of what a Tomlin Order is, is this something I could use to agree settlement, or is it something Bryan Carter will propose? At what stage would such action be recommended?

          Will keep you updated as to what correspondence I receive.

          Cheers :tinysmile_grin_t:

          Comment


          • #6
            Re: Bryan Carter - Lowell - Vanquis Debt

            Originally posted by spenni331 View Post
            Thanks again, your help and guidance is most valuable.

            Was unaware of what a Tomlin Order is, is this something I could use to agree settlement, or is it something Bryan Carter will propose?
            It is a form of consent order whereby the parties agree certain terms and all action is suspended, however, if you were to break the terms of the order they would be able to apply for summary judgment. For that reason, it should be used as a last resort. Carter has proposed them on occasion, but usually at a stage earlier than when you'd be ready to agree to it, if you see what I mean.
            Originally posted by spenni331 View Post
            At what stage would such action be recommended?
            You'd only want to go down that route if they had provided paperwork showing the debt is not statute barred and could be enforceable in court resulting in a CCJ, so you'd use the Tomlin order to avoid having one on record, but you'd still be expected to make a reasonable repayment offer backed by an income and expenditure statement as if they had a CCJ.

            Comment


            • #7
              Re: Bryan Carter - Lowell - Vanquis Debt

              Thanks again, i received this on Friday, is this standard and what does it mean? Does this effect my defence?

              Comment


              • #8
                Re: Bryan Carter - Lowell - Vanquis Debt

                Originally posted by spenni331 View Post
                Thanks again, i received this on Friday, is this standard and what does it mean? Does this effect my defence?
                It's Mr Carter's standard template response.

                This is our standard response: http://www.legalbeagles.info/forums/...385#post410385

                It doesn't make any difference to your defence, he won't send you anything before you are due to file it but you still have to follow the process so you can show that at least one party is doing what they are supposed to do.

                Comment


                • #9
                  Re: Bryan Carter - Lowell - Vanquis Debt

                  We are currently being pursued by Bryan Carter LLP regarding a very old debt and to be honest his firm is that incompetent that seriously I would not worry to much.

                  Comment


                  • #10
                    Re: Bryan Carter - Lowell - Vanquis Debt

                    Originally posted by jaydee View Post
                    We are currently being pursued by Bryan Carter LLP regarding a very old debt and to be honest his firm is that incompetent that seriously I would not worry to much.
                    Incompetent
                    ? too nice a polite word for them. It shows how the Legal Profession has got itself into for self gain! in some areas!

                    Comment


                    • #11
                      Re: Bryan Carter - Lowell - Vanquis Debt

                      Originally posted by jaydee View Post
                      We are currently being pursued by Bryan Carter LLP regarding a very old debt and to be honest his firm is that incompetent that seriously I would not worry to much.
                      At the moment they seem to be acting exclusively for Lowell, the Dynamic Duo Lowell-cum-Carter make a Dream Team! A nasty bag of dirty tricks if there ever was one!

                      Are they also acting for Lowell? You may want to start a new thread about this, don't be to confident, with those guys, you should always expect the unexpected!

                      - - - Updated - - -

                      Originally posted by MIKE770 View Post
                      Incompetent
                      ? too nice a polite word for them. It shows how the Legal Profession has got itself into for self gain! in some areas!
                      He is acting for LOWell! The lowest of the low! In this case a lawyer can only be as good as his clients, i.e. no good at all!

                      Comment


                      • #12
                        Re: Bryan Carter - Lowell - Vanquis Debt

                        Thanks again for your help Flaming Parrot, must admit your help on these forums in invaluable.

                        I've sent off the standard response letter(http://www.legalbeagles.info/forums/...385#post410385), and now considering filing my defence, as I go on holiday on the 18/09 for a week.

                        Do you have any templates for this type of claim? Following on from my own investigations I am just out side this debt becoming time barred, from the last payment to the County Court Claim.

                        Once I have filed my defence, what will happen then? Will the Court decide or will my defence be presented to Bryan Carter for Review?

                        Thanks again

                        Comment


                        • #13
                          Re: Bryan Carter - Lowell - Vanquis Debt

                          Originally posted by spenni331 View Post
                          Thanks again for your help Flaming Parrot, must admit your help on these forums in invaluable.
                          Always glad to help! :yo:
                          Originally posted by spenni331 View Post
                          I've sent off the standard response letter(http://www.legalbeagles.info/forums/...385#post410385), and now considering filing my defence, as I go on holiday on the 18/09 for a week.

                          Do you have any templates for this type of claim?
                          You will find an example generic defence based around not receiving documents here: http://www.legalbeagles.info/forums/...t-Court-Claims

                          You may want to post up a draft before you file it. :thumb:
                          Originally posted by spenni331 View Post
                          Following on from my own investigations I am just out side this debt becoming time barred, from the last payment to the County Court Claim.
                          Sadly the clock stopped when the claim was issued.
                          Originally posted by spenni331 View Post
                          Once I have filed my defence, what will happen then? Will the Court decide or will my defence be presented to Bryan Carter for Review?

                          Thanks again
                          The court will send your defence to Carter who will decide whether they wish to proceed with the claim. They have 28 days to respond, if they don't the claim gets stayed but you won't be informed.

                          If he decides to proceed, you'll hear from the court and possible also get a letter from him inviting you to settle, etc. :ranger:

                          Comment


                          • #14
                            Re: Bryan Carter - Lowell - Vanquis Debt

                            Thanks I will most certainly draft up a response, and let you take a look.

                            Can you explain what stayed claim is, i'm guessing its used a facility to allow them more time to obtain documents?

                            How long can a claim remained stayed for?

                            Comment


                            • #15
                              Re: Bryan Carter - Lowell - Vanquis Debt

                              Originally posted by FlamingParrot View Post
                              At the moment they seem to be acting exclusively for Lowell, the Dynamic Duo Lowell-cum-Carter make a Dream Team! A nasty bag of dirty tricks if there ever was one!

                              Are they also acting for Lowell? You may want to start a new thread about this, don't be to confident, with those guys, you should always expect the unexpected!

                              - - - Updated - - -


                              He is acting for LOWell! The lowest of the low! In this case a lawyer can only be as good as his clients, i.e. no good at all!
                              Mr Carter/Lowell both have an Achilles heel and they have both been very very naughty. Unfortunately I cannot not go into detail at present as this would prejudice the current issue with them. However when resolved I will share my information with all.

                              Comment

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