Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

[dudleydog]

Good Afternoon All,

Trying to stay composed but looking for a little guidance / knowledge on the following if possible . . !!

I received a letter from BC last Wednesday stating they were pursuing a CCJ (on behalf of Lowells) for a debt against my name and that a court claim form would follow within 48 hours - Sure enough, a Northampton County Court claim form arrived through the door on Friday morning.


I know the underlying debt refers to a mobile phone contract taken out in Mar/Apr 2005. Refusal to aceept two extorniate monthly bills and alot of arguing between myself and the supplier resulted in the account being defaulted in Jan/Feb 2006.

There was no written, verbal or paid acknowledgement of the debt from that date up until Feb 2011 when as part of employment conditions for a new job, I agreed to enter into a monthly payment plan to settle the debt with the DCA (Lowells) who had subsequently purchased the debt.

After several payments and more disagreement with the DCA, my payments stopped and the debt remained albeit slightly reduced.

In Feb 2012 the default dropped off my credit reports due to the 6 year expiry.

After not hearing anything for near 3.5 years, I have suddenly had quickfire correspondance from BC acting on behalf of the DCA asking me to pay in full, followed quickly by the above mentioned threat of court, then the court claim form.

Any help would be greatly appreciated as I really dont know what to do or where to go from here! : ( - I'm really quite concerned about this now as there are deadlines on the claim form. Ive spent the past few years working hard to clear my credit file and escape the mistakes of my youth, so I can push forward in life!

Thanks in advance

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

What are the particulars of claim ?

Are you looking to defend ? Settle ? Keep you credit file clean as a priority ?

M1

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi M1,

Thanks for the quick response : )

Poc as follows:

This claim is for ****** the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This debt was assigned to / purchased by claimant on ****2007 and notice served pursuant to the law of property act 1925

Particulars:

Re: (Original Supplier)
Acct No: ***********

And the claimant claims ******

The claimant also claims interest pursuant to s69 county court act 1984 from ****2007 to date at 8% per annum ammounting to *****



Ive * alot of details as not sure how much I am suppose to disclose in public.


Re your 2nd point, honestly, I'm not too sure as I though this was dead and buried and now its hit like a train and everything is moving so fast. I disagree with the original supplier debt, the total anyway, but they never wanted to negotiate. Now im starting to panic and wonder if an F&F is the best option to keep my file clean.

Thanks

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

+ or - £10k

M1

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

£1k original debt / £1.5 with added costs

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Well it's a small claim so you need to decide what is best for you. Settlement via a tomlin order might be best as that avoids a ccj.

M1

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I've not heard of a Tomlin Order before. Will do some digging on the site for further info.

Im leaning towards putting forward a defence with the CC. Would it still be applicable and worthwhile to send out a CCA or CPR (I think that's what they are called?) as well as sending off my acknowledgment of service?

Thanks for all your help so far x

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

CCA s78 requests are always a good idea.

CPR in what will be a small claim not so much. It may turn up useful info but if they ignore it how far do you chase it ? CPR 31 is not for small claims and although until allocation it's trackless you may have issues if you need to use a court to try and get disclosure dur to the low amount.

M1

[charitynjw]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

OP's first post states that they believe this concerns a mobile phone contract.
Is a CCA request applicable?

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

OP's first post states that they believe this concerns a mobile phone contract.
Is a CCA request applicable?

http://neva.li/post/121393693

M1

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

OK, I will prepare a CCA letter and send off to BC then and see what they come back with. In addition, I'll get the acknowledgment of service out to NCC.

If anyone has any other suggestions, ideas or anything I may have missed then please do let me know

Thanks again for all your help so far guys x

[FlamingParrot]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I received a letter from BC last Wednesday stating they were pursuing a CCJ (on behalf of Lowells) for a debt against my name and that a court claim form would follow within 48 hours - Sure enough, a Northampton County Court claim form arrived through the door on Friday morning.

This can hardly be compliant with pre-action conduct, 48 hours can't be a reasonable time by any stretch of the imagination, most certainly not when communicating by snail mail!

Having said that, this is a small claim where costs don't usually enter the picture.

2. Claimant’s letter before claim

2.1 The claimant’s letter should give concise details about the matter. This should enable the defendant to understand and investigate the issues without needing to request further information. The letter should include –
(1) the claimant’s full name and address;
(2) the basis on which the claim is made (i.e. why the claimant says the defendant is liable);
(3) a clear summary of the facts on which the claim is based;
(4) what the claimant wants from the defendant; and

(5) if financial loss is claimed, an explanation of how the amount has been calculated.
2.2 The letter should also –
(1) list the essential documents on which the claimant intends to rely;

(2) set out the form of ADR (if any) that the claimant considers the most suitable and invite the defendant to agree to this;
(3) state the date by which the claimant considers it reasonable for a full response to be provided by the defendant; and

(4) identify and ask for copies of any relevant documents not in the claimant's possession and which the claimant wishes to see.

2.3 Unless the defendant is known to be legally represented the letter should –
(1) refer the defendant to this Practice Direction and in particular draw attention to paragraph 4 concerning the court's powers to impose sanctions for failure to comply with the Practice Direction; and
(2) inform the defendant that ignoring the letter before claim may lead to the claimant starting proceedings and may increase the defendant's liability for costs.

http://neva.li/post/121393693

A very interesting point, :clap2: given that most creditors will reply saying the CCA does not apply to service contracts such as mobile phones. :confused2:

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi All - Sent off a CCA to DCA yesterday recorded and with a £1 PO included. Also completed the AoS online. I'm going to prepare a CPR 31.14 this evening and send off to both BC and the DCA. If I've missed anything please let me know!

Hey FP - Thanks for your post. Agreed, it all came through mighty quick! Will see what they come back with re CCA, can only try I guess x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

CPR 31.14 sent to both DCA and BC so guess just a case of sitting back an waiting! Will update when I hear back x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi All,

So today I heard back from Claimants Solicitor (BC) in response to my CPR 31.14 request. Text as follows:

We write further to your recent letter requesting disclosure under Part 31 of the Civil Procedure Rules and request for an extension.

We confirm the Claim form was issued by the Northampton County Court Bulk Centre and the Courts protocol was followed when issuing the Claimants Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

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

It is the original creditors policy to issue any agreements on or around the date 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 we are not agreeable to an extension for filing the defence.

We note you state that you have returned your acknowledgment of service however we have yet to receive notice from the Court. If you have not, you will be aware a Claim was issued in this matter on ********* 201. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a Judgement being entered against you.

We recommend you seek independent legal advice.

I have definitely entered my AoS which I did online and this is clearly recorded on MoneyClaim.

Would be interested in hearing any views on this response as it appears they have overlooked/ignored the purpose of the CPR 31.14 request I sent.

Thanks all x