Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

[Jaypaul]

Dear All,

Yesterday I received a claim form from Brian Carter.

Claimant: Lowell

Particulars of the claim:
This claim is for £740.41. The amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and/ or goods.

The debt was assigned to / purchased by Lowell Portfolio I Ltd on 19/06/2014 and served pursuant to the law of property act 1925


Particulars:
RE- Orange
A/C No: (Redacted)

and the claimant claims 740.41

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of 1000 amounting to 59.24

Amount Claimed 799.65
Court Fee 60.00
Legal Representatives costs 70.00
Total amount 929.65


I don't believe this to be applicable for being statuate barred and this is one of a few debts I am handling at the moment so I son't know whether an IVA is possible, a DMP is too late or what to do from this point.

I would be grateful if anyone could advise me as to what I need to do next, what will likely happen etc, best and worst case scenarios.

Many thanks

Jay Paul

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Dear All,

Yesterday I received a claim form from Brian Carter.

Claimant: Lowell

Particulars of the claim:
This claim is for £740.41. The amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and/ or goods.

The debt was assigned to / purchased by Lowell Portfolio I Ltd on 19/06/2014 and served pursuant to the law of property act 1925

Particulars:
RE- Orange
A/C No: (Redacted)

Hi and welcome to LB

Rather generic particulars of claim: "provide finance and/or services and/or goods..."

Knowing the dynamic duo we are dealing with, it is possible they may not be able to get their hands on any paperwork to evidence their claim. ray:

Your first step would be to acknowledge the claim, which you can do online. :typing: See here for full instructions: http://www.legalbeagles.info/forums/...313#post499313

You'd then send a CPR request to Mr Carter ( see here ). You can request a copy of the agreement and notice of assignment. :thumb:

I don't believe this to be applicable for being statuate barred and this is one of a few debts I am handling at the moment so I son't know whether an IVA is possible,

An IVA is a form of personal insolvency which would include all your debts, not just this particular one, and it's a step not to be taken lightly, hardly worth thinking about for the amount of this claim. A lot of the money paid into an IVA goes towards the insolvency practitioners' fees.

a DMP is too late or what to do from this point.

A DMP would also be a strategy for all your debts, however, this particular one is subject to court proceedings so you couldn't just include it in a DMP, you still need to deal with the claim as noted above. :typing:

I would be grateful if anyone could advise me as to what I need to do next,

As above, acknowledge service and send the CPR request to Carter, who isn't very good at obtaining paperwork. ray:

what will likely happen etc, best and worst case scenarios.

BEST = he can't get his hands on any documents to evidence the debt and ends up having to discontinue (not likely to happen before the New Year though). ray:
WORST = they get the documents from Orange and if you wish to avoid a CCJ on record, you'll have to settle in full, via mediation service or with a consent order. :ohwell:

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Hi Flaming Parrot,

Thank you for coming back to me so quickly.

Do I just need to deal with Cart at the moment or do I need to speak with Lowell too?

I also don't know then should I be contesting the whole claim?
Thanks

[Celestine]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Just deal with Mr Carter presently and you would dispute the whole claim until paperwork is supplied.

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Thank you Celestine!

[Celestine]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

S'ok, good luck! X

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I have one more question..sorry!

I've acknowledged the order online (11/10/2015) ..

..on the CPR Request it states "my defence on XX XXXX 201X." , I apologise for being an idiot but what date would I be looking to put here?

..additionally did I read somewhere that the letter should only be type signed and not in handwriting? (I know that's two questions.:/.)

[Celestine]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Well now you've acknowledged you have 28 days to file a defense, unless they agree to an extension under CPR15.5, so as things stand, your defense would be due in by around 7th November.

You can print your name or write it in block capitals so that your signature cannot be 'lifted' and inserted into any credit agreements.

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Thank you again I think this is going to be a sharp learning curve for me.

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Hey there,

I've sent off the CPR letter today to Carters, I will update you with what I expect will be their standard response.

In the meantime I have gone through the stepchange debt helper and one of the first questions it asks is about court action/claims etc. This prompts a pdf.

The PDF states the following

Fill in your court paperworkTo do this, copy the figures from your budget onto the court forms. You might need to addsome of the costs together to fit them all onto the form.You’ll also need to include information about the other debts you have. You can use the debtlist from your personal action plan to help you do this.Once you’ve filled in your income and spending information and the details of your debts, youwill need to work out an offer of payment.This is the amount you can afford to pay towards this debt each month. The amount you needto offer will depend on your situation.If the budget you’ve completed in Debt Remedy shows: You spend more money than you have coming in, or You have some money left over after you’ve covered all the costs on your budget but itisn’t enough to pay more than £1 to each of your creditorsThen you’ll to need put an offer of £1 on your court form as you can’t afford any more thanthis.If your Debt Remedy budget shows: You have money left over after covering all the costs on your budget, and This is more than £1 for each of the debts you haveThen you’ll need to work out how much to offer on the court form. You can follow thecalculation below to help you do this:Section 1 Court papersFor example, Jane has four debts totalling £20,000. The amount she has left over after payingall the costs on her budget is £25 each month. The outstanding balance of the debt on thecourt form is £7,000. Using the above example:£7,000 x 25= £8.75 £20,000The offer of payment she needs to put on her court form is £8.75 per month.Or you can call us on 0800 197 1704 and we’ll be able to work this out for you and give youmore information about your court forms. We’re open Monday to Friday 8am to 8pm andSaturday 9am to 2pm.Send your court papers back to the address on the formWhen you send your forms back you can include a copy of the budget that was in yourpersonal action plan to help support your forms.When you send your forms back we recommend you get proof of postage from the PostOffice.You should hear back from the court or your creditor to say whether or not they accept thepayment you’ve offered.It’s important you send your court forms back as soon as possible, as you only have a limitedamount of time to do this. If you don’t send your forms back, your creditor may be able to takefurther action against you.You can find out more about the timescales you have for sending your forms back and theaction your creditor can take by visiting www.stepchange.org/courtactionIf you don’t think you owe the amount that the creditor has put on the court papers, you candispute this. If you want advice on how to do this please call us on 0800 197 1704. We’re openMonday to Friday 8am to 8pm and Saturday 9am to 2pm.

Do I still hold fire and await the generic carter letter?

- - - Updated - - -

Well..the spaces seem to have forgot themselves... here's the link.. https://debtremedy.stepchange.org/he...iceBooklet.pdf

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Hey there,

I've sent off the CPR letter today to Carters, I will update you with what I expect will be their standard response.

In the meantime I have gone through the stepchange debt helper and one of the first questions it asks is about court action/claims etc. This prompts a pdf.

The PDF states the following

That PDF refers to admitting the claim rather than defending it! :rant: If you follow that advice and return the forms they mention with your financial details, the claimant can request judgment by admission. :scared: That will leave you with a CCJ for six years!

If you are defending the claim there is no reason to provide any financial details about yourself. :nono:

Best thing to do with that PDF would be to close the file and press the [DEL] button on your computer.

Do I still hold fire and await the generic carter letter?

ABSOLUTELY!

Well..the spaces seem to have forgot themselves... here's the link.. https://debtremedy.stepchange.org/he...iceBooklet.pdf

...which is the best thing to do with such a document: forget it yourself!

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Lol thanks

There was me thinking Stepchange offered good advice..

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Lol thanks

There was me thinking Stepchange offered good advice..

The problem is that their advice isn't likely to be that you should try and defend a claim relying on the claimants' inefficiency. They are, after all, funded by the credit industry.

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

So Bryan Carter have replied to the letter I sent on Monday... it goes as follows;

Dear Mr (JayPaul)

LOWELL PORTFOLIO I LTD V MR JAYPAUL
OUR CLIENT: LOWELL PORTFOLIO I LTD
CLAIM NO: ########
ACCOUNT NO: ########

We write further to your letter of 12 October 2015 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

We confirm the claim form was issued by the County Court Business Centre and that that 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 were issued by this Court.

We confirm this matter will most properly be allocated to teh Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

In any even the Notices of Default and Assignment left in the control of the Claimant when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement 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 your Defence.

As you will be aware a Claim was issued in this matter on or around 8 October 2015 and we are in receipt of your Acknowledgement of Service.

We recommend you seek independant legal advice.

Yours sincerely

BRYAN CARTER SOLICITORS


Is this their standard reply or different than normal?

Thanks again, it's much appreciated.

[Amethyst]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Completely standard no suprises there at all. Best get cracking with your defence - http://www.legalbeagles.info/forums/...t-Court-Claims is an good example to start from.