Bryan Carter Sol - Claims Form Received

[UKmember]

Dear All,

I'm new so Hello

On the 15th Jan 2014, I have received a Claims Form from the Courts in Northampton. I have seen many posts and I'm sorry to post one of these topics before but I would like advice on how to deal with it.

The total amount claimed on the form is £899.65 + £55 + £70 = £1024.65

This goes back to an account I had with Vanquis Credit Card (Lowell Finance Limited) which my credit limit was £500.

Since then I had to go in to a debt management plan with PayPlan and thought this debt was on the Plan however it wasn't.

So now I have to deal with this Claims Form.

Help would be greatly appreciative.

Thank you

[FlamingParrot]

Re: Bryan Carter Sol - Claims Form Received

Hi and welcome!

When did you take out the Vanquis card?

You have to start by acknowledging the claim, stating your intention to defend in full. That should give you a total of 28 days to put together your defence.

Once you've acknowledged, you'll need to send a CPR 31.14 request for documents mentioned on the PoC, to Bryan Carter. Below is the letter, which you will have to amend to suit. They'll usually refer to an agreement of some sort, a default and, when a debt purchaser issues a claim, assignment of the debt to them, which are the documents mentioned on the letter below. The letter should be sent recorded delivery.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

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.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

[UKmember]

Re: Bryan Carter Sol - Claims Form Received

Hi,
The card was taken out May 2010 give or take 1 or 2 months, my family are wiling to lend me most of the money to pay this however it won't be until March 15th latest. So I'm wanting to stall this for as long as possible.

Also is it best to Acknowledge the Claim Form now or wait a few more days to do so, give me that extra few days or is the 28 days from the date of Issue Date: 15 Jan?

[FlamingParrot]

Re: Bryan Carter Sol - Claims Form Received

Hi,
The card was taken out May 2010 give or take 1 or 2 months, my family are wiling to lend me most of the money to pay this however it won't be until March 15th latest. So I'm wanting to stall this for as long as possible.

Also is it best to Acknowledge the Claim Form now or wait a few more days to do so, give me that extra few days or is the 28 days from the date of Issue Date: 15 Jan?

You have 14 days from date of service to acknowledge, and a further 14 days to submit your defence, acknowledging later doesn't buy you any more time. :clock:

However, if the claimants do not respond to the CPR letter in 7 days as the letter says, you can get them to agree to an extension of up to 28 days. I have yet to see a claimant who complies in 7 days. I have yet to see Bryan Carter supply any documents.

[UKmember]

Re: Bryan Carter Sol - Claims Form Received

Okay, thanks. I will get that letter edited and sent off tomorrow.

What does the XXXX v YYYY mean?

Thank you.

Regards

[FlamingParrot]

Re: Bryan Carter Sol - Claims Form Received

Okay, thanks. I will get that letter edited and sent off tomorrow.

What does the XXXX v YYYY mean?

Placeholders for Claimant's name v Defendant's name.