HSBC / Lowell / Bryan Carter v Cadburry

[Cadburry]

HI,
I am new in this forum and been reading the threads about BC issuing CCJ notice.
I received a CCJ notice on 20-01-14 about a HSBC credit card which was bought by LOWELLS in 2007. The Credit card was issued in 2007 aswell. the unpaid amount was £901.00 plus interest untill now, court fee and solicitor fee, which makes it £ 1517.00.
but the thing is this credit card is not in my credit history now. and i never get any correspondence from lowells before. how can they suddenly come after 6 and 1/2 years and send me a court notice.
today i have sent the CPR31.14, SAR and CCA request to Brayan carter, lowells and HSBC.
I have read on the forum that i have to file the defense anyway whether they respond to my request or not.
so my questions are
1- is this contract is still enforceable?
2- do i need a lawyer to file a defence?
3- how to file a defense?
and what should be my next step?

i will really appreciate if someone could give me a good advice......

thanks

[debttydo]

Re: Ccj notice _ bryan carter/ lowell...............hellllllpppp

If you haven't made a payment within 6 years 5 years for Scotland then this debt will be Statute Barred.
Suggest you check your last payment date.

[Cadburry]

Re: Ccj notice _ bryan carter/ lowell...............hellllllpppp

hi, thanks for your reply, yes i did checked and i havent made any payment since 2007. the credit card was issued in 2005 and in 2007 i got default.
does statute barred means its unenforceable?
then why have they sent me the court notice? they are solicitors they must have know this point?
i am so confused and tensed..... please help!!!!!

[debttydo]

Re: Ccj notice _ bryan carter/ lowell...............hellllllpppp

Lowells are just chancers and shysters.
They're trying it on in the hope you'll just pay up.
If it's SBed then it's unenforceable.
There's a letter to send but I'm no legal bod.
Don't worry.

[Cadburry]

HSBC / Lowell / Bryan Carter v Cadburry

Hi,
I am in the same situation, except I got default on my HSBC credit card in 2007 and havent made any payments since then. Yesterday I sent 31.14 request, SAR , and CCA request. But I have been advised to file the defence anyway. But the problem is I don't know how to do so. I am defending £901.00 along with court fee, solicitor fee, and interest, which make it 1500. Can anyone tell me what to do next.

[ncf355]

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Have you had any contact with them, admitting the debt in writing, or paying anything after 2007?

If not, your Defence is straight forward - the debt is Statute Barred by the limitations act

[Cadburry]

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Have you had any contact with them, admitting the debt in writing, or paying anything after 2007?

If not, your Defence is straight forward - the debt is Statute Barred by the limitations act

No, I was never contacted before neither from lowells nor from hsbc. Bryan carter suddenly start these proceedings.
How shall I file my defence now. Can I do it online or do I have to go to court. I dont think I have much time left.

Thank you so much for your reply.

[ncf355]

Re: Claim form received from Bryan Carter/Lowell for an old LLyods Account help pleas

Hi,

what date was on the actual claim form (I assume this was from Northampton bulk court centre?)

You need first to acknowledge the claim online, this has to be done within 14 days of the issue date shown on the claim paperwork and you will then be allowed a further 14 (so 28 in total) days to Defend

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi,
Yes you are right it is from Northhampton court, issued on 14th January, recvd on 21st January, acknowledged on 24th January sent CCA request, SAR, and 31.14 request on 11th February.
Now what I do you think where am I standing. I am going in depression by every passing day. Its getting harder for me to keep up with this court claim with four kids, job and home. Please advise me.

Many thanks.

[ncf355]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi

You must be very close to the last day to enter a Defence

But you say they have not yet responded to your CPR request?

You need to submit a Defence stating that the Claimant has failed to show a document containing the prescribed terms of consumer credit act 1974,section 65 so you believe the agreement to be unenforceable under section 127(3) of the same act.

In addition they have failed to show evidence of a default notice being served as required by section 87/88 of the consumer credit act 1974 and a document of full legal assignment required under the law of property act 1925, prior to the right to attempt enforcement by a court.








I would also recommend you call Kate Briscoe or Paul Tilley at Howlett Clarke Solicitor in Brighton for advice as I am giving advice based on personal experience rather than legal qualification

Hopefully others will post here to but please don't get depressed we will do our best to help you!

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi,
just received mail and got a letter fromBryan Carter, they says that;
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.
They also says that this matter will most properly be allocated to the small claims track as this is a simple contractual matter and oart 31 of the civil procedure rules will therefore not apply.
It isvthe original creditor's policy to issue agreements at the date of the contract and statements throughtout the duration of the agreement and in this regard we ask you to refer to your own records.
The claimant does not agree an extension to filing a defence.


Now what??????
This matter is going worse.......oh god.

[Amethyst]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi, Don't worry that is a very standard response from Bryan Carter. I'm going to merge your threads together and sort out a response for you ok.

Hang fire xx

Sharon
xx

[Amethyst]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Obviously amend/edit etc to suit yourself.





Dear xxxxxxxxxxx

Claim Ref: xxxxxxx Lowell Portfolio 1 v XXXXXXXXXXXXXXX

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that '' we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. '' I am afraid I must disagree, the case has not been allocated to a track for determination and 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.

I am unable to lodge my defence at this moment as I have no information regarding the alleged debt. In addition to this request I have requested evidence of the debt from HSBC and Lowells and requested a copy of any agreement relating to the debt under the Consumer Credit Act 1974.

If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

I look forwards to hearing from you within the next 7 days.

Kind regards

Cadburry

[Amethyst]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Also having read back through the thread now things are together it appears you feel the debt may well be statute barred.

What date is your defence due in ? (I make it the 18th ?) If you don't hear from BC's by the 17th then telephone them and ask them to agree to an extension on the basis of awaiting compliance with your CPR request, if they refuse then I think you will be quite safe entering a statute barred / 'embarrassed' type defence to the claim.

[FlamingParrot]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Also having read back through the thread now things are together it appears you feelthe debt may well be statute barred.

What date is your defence due in ? (I make it the 18th ?) If you don't hear from BC's by the 17th then telephone them and ask them to agree to an extension on the basis of awaiting compliance with your CPR request,

The date is calculated by taking the date on the claim and adding 5 days for service, only it looks like in this case it took longer than that to arrive, which is unusual. :noidea: I'd say we're cutting it quite close here, but I'd say it's Monday 17th. :confused2:

Yes you are right it is from Northhampton court, issued on 14th January, recvd on 21st January, acknowledged on 24th January sent CCA request, SAR, and 31.14 request on 11th February