Bryan carter northampton county court help!!!

[familia]

Hi everyone hope I can get the right help and advice, received these 2 letters through the post today, I checked on my credit report on Experian and the default date was on 18/01/2008 with LOWELL PORTFOLIO I LTD, however I haven't acknowledged this debt since then and I have only just been getting my credit score back to scratch - the last thing I need is a ccj on my file for another 6 years! is there anyway I can fight the case? or maybe request the original credit agreement with Lowell? and what to do with bryan carter?

I don't even know where to start in regards to the 'claim' and 'response' forms from Northampton county court, if anyone can help any advice/help is greatly appreciated

[labman]

Re: Bryan carter northampton county court help!!!

The immediate thing to do is state you are going to defend it. That will buy you extra time. You need immediately to get of a CCA Request to them to see if they have the original agreement:

CCA Request Letter

Address

Date

Dear Sir,

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully,

[IMG]file:///C:\Users\Home\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.jpg[/IMG]

Print Name

Where the gobbledegook is above print name, put the attached strip and sign on top of it.


Once others get back they'll advise further on the actual proceedings.

[charitynjw]

Re: Bryan carter northampton county court help!!!

Hi,

Meanwhile, you state in your post that Lowell's 'defaulted' you on 18/01/2008.

But according to the court claim form, they didn't purchase the debt until 12/09/2008?

[familia]

Re: Bryan carter northampton county court help!!!

thanks for the replies, Labman would I send the letter to bryan carter or to Lowell?

[labman]

Re: Bryan carter northampton county court help!!!

Send it to Lowell - they won't have the paperwork, but have a duty to obtain it from the OC. This may well delay things further - I don't do court, but if they can't supply something in time on which you may want to rely, I suspect you can ask for a delay in proceedings.

[charitynjw]

Re: Bryan carter northampton county court help!!!

Btw, I believe this is for a store card/credit card debt. :tinysmile_twink_t2:

Did the card change from store card to credit card, & if so, did you authorise it?

[familia]

Re: Bryan carter northampton county court help!!!

thanks once again for the advice, here is some information ive obtained from Experian in regards to the debt:


Account Type: Credit card / Store card

Started: 29/06/2006
Current Balance: £1,214
Default Date: 18/01/2008
Default Balance: £1,335

[charitynjw]

Re: Bryan carter northampton county court help!!!

It is very important that the question in post #6 is answered.

Also, although a court claim has been started, & you can therefore ask for the documents listed on the particulars of claim via CPR 31.14, there is a strong arguement that a CCA request is better, as they then have to produce the goods before they can go forward with the case.
Or why not do both?
It's only a quid!

[labman]

Re: Bryan carter northampton county court help!!!

It is very important that the question in post #6 is answered.

Yes indeed - VERY important.

[familia]

Re: Bryan carter northampton county court help!!!

Hi yes, sorry for not making it clear the debt is originally from a capital one credit card...im just in the process of typing up an cpr request, however I think I will go with your advise: send them a postal order and letter for for cca request too!

[ostell]

Re: Bryan carter northampton county court help!!!

Since Experian are quoting 18/01/2008 this would suggest that the debt may actually be statute barred. It's only 2 months to the 6 year anniversary of the Experian entry and did you stop paying before that?

[familia]

Re: Bryan carter northampton county court help!!!

hi ostell, I'm hoping it may be statute barred...however im not too entirely sure if I made a payment to Lowell before 18.01.08 - as it was a while back now, but am I right in believing the CPR Request should identify this??

[Faithmovesmountains]

Re: Bryan carter northampton county court help!!!

Since Experian are quoting 18/01/2008 this would suggest that the debt may actually be statute barred. It's only 2 months to the 6 year anniversary of the Experian entry and did you stop paying before that?

I'd be careful with the SB idea. The default amount is for more than the claim/current balance, which suggests that something has been paid off it, at some time after the default date.

[familia]

Re: Bryan carter northampton county court help!!!

Hi faithmovesmountains Yes I too noticed that the balance was infact slight lower to the original default amount - ive just sent both CCA AND CPR requests recorderd in one envelope to Lowell...does anyone know the time frame in which they should respond to these requests?

[FlamingParrot]

Re: Bryan carter northampton county court help!!!

Hi faithmovesmountains Yes I too noticed that the balance was infact slight lower to the original default amount - ive just sent both CCA AND CPR requests recorderd in one envelope to Lowell...does anyone know the time frame in which they should respond to these requests?

They have 14 days to respond to the CCA request. I don't know where you got your CPR letter from but the ones we use here say they have 7 days to respond and if they are not able to do so, they should agree to an extension of time.

I assume you have acknowledged service and ticked the box stating your intention to defend in full. :noidea: You have 14 days from date of service to acknowledge, once you do, you get a further 14 days to prepare your defence, subject to their prompt response. Otherwise you can request an extension. :thumb: