HSBC / Lowell / Bryan Carter v Cadburry

[FlamingParrot]

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.

It does look like it may be SBd, in which case I'd say a straightforward SBd defence rather than an 'embarrassed' defence, would be the best bet, since no payments have been made since 2007. The onus would be on the claimant to prove it's not SBd. :thumb:

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

It would be along these lines (check dates, figures, etc.):

The claimant’s claim was issued on the 14th of January 2014

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of £1517.00 or any other sum, or relief of any kind is denied.

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi,
Thank you so much for your advice and defence statwment , Just because of your help I filed my defence online stating what flamming parot and border collie told me. Also I send the letter to Bryan and carter which Amethyst wrote for me by special delivery. So now I am feeling a bit secured and hoping that It will be over soon if you guys are with me .
I am really grateful for all your help and moral support. It wasnt possible without your help.
As soon as I hear something from Bryan and carter I will update here.
Thank you all once again.

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hello everyone,
So here I am again with an acknowledgement letter from court that they received my defence. The court says;
"A copy is being served on the claimant (or the claimant's solicitor). The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes toroceed, the claimant must contact theciurt within the 28 days after receiving the copy of your defence. After that period has elasped, the claim with be stayed. The only action the claimant can then take eill be to apply to a judge for an order lifting the stay."

And I also got a letter from Bryan and carter which states that;
"We write further to your letter requesting dosclosure under part 31 of CPR.
We refer you to our previous letter dated 13 feb 2014 and reiterate its contents.
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 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.

In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

It is the 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.





So what shall I do now? I have already submitted my defence.
Help me AGAIN please.

[FlamingParrot]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Sounds like the standard template letter from BC refusing to grant an extension, which is irrelevant now you have submitted your defence.

It's waiting time now :clock: until you hear further from either BC or the court. If they wish to proceed, you will be notified and will receive a directions questionnaire to fill in. :typing:

You may want to look at this thread where BC actually discontinued upon receipt of the defence. :whoo: :whoo:

http://www.legalbeagles.info/forums/...705#post411705

I'll keep my fingers firmly crossed for you. ray:

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi Flaming parrot,
Thank you so much for your kind reply. In a such a depressing situation of mine, your reply means a world to me. I am a family person but just because of this court claim I am unable to concentrate on my family and my work.
Thank you so much for the case reference you mentioned in your post. I am feeling a new hope that same thing might happen with me.
I will keep updating the thread whenever I got something from Bryan and Carter or the court.
Thanks a ton again.
Regard.

[FlamingParrot]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi Flaming parrot,
Thank you so much for your kind reply. In a such a depressing situation of mine, your reply means a world to me. I am a family person but just because of this court claim I am unable to concentrate on my family and my work.
Thank you so much for the case reference you mentioned in your post. I am feeling a new hope that same thing might happen with me.
I will keep updating the thread whenever I got something from Bryan and Carter or the court.
Thanks a ton again.
Regard.

Well, now you have gone as far as you can with regards with this claim, you can go back to concentrating on the things that REALLY matter. :grin: :thumb:

[ncf355]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Glad to see FP has replied on this

Very interested to see where they go with this one, though I would suspect they will discontinue

Statute Barred is Statute Barred no matter how much they may want to try and wriggle out of it

This is 'Poker Face' time - they are hoping you fold before it gets anywhere near court, dont let them get to you

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hi EVERYONE,
sorry i have been out as i didnt had the broadband. I have a lot to share as I have received a few letters.
1- After filing my defense, I received a letter from Bryan Carter which states that, "We have reffered the matter to our client and will revert to you as soon as we a re in receipt of instructions. in the meantime, we confirm that we have placed the account on Hold". Dated:19 feb 2014

2- On 10th march 2014 Brayan Carter sent me a letter which says, "Please see attached copy of letter sent to the court confirming that the Claimant wishes to proceed with the the claim at this time.
the claimant agrees in principle to meditation.
we should also be grateful to hear from you in relation to without prejudice negotiations".

3-i received a letter from HSBC stating that they are unable to act upon my instructions as there was no signature on the letter.

4- on 10th march 2014 another letter from bryan carter received which says, " we have been notified by the court that you have filed a defence to this claim. in an attemt to settle this matter before hearing and in order to avoid eiter party incurring further costs, we confirm that our client is ready to accept payment of the full balance by monthly instalments.......................etc".
there is also a consent order attached to this letter for me to fill and sign and send it to them.



so since i havent respond to their offer within 7 days now i am waiting for the directions questionnaire.

if anyone have any advice please let me know. I will update this thread as soon as i get something.

thanks a lot everyone who is guiding me and helping me in my crucial time.

best regards.

[ncf355]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Seems to me you have it nicely tied up

Would personally be very surprised if they don't discontinue

Glad to see you haven't caved to their threats, well done!

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hello everyone,
Today I was going through the letters I sent to Lowells and Bryan Carter and I noticed that in my CCA request I mentioned that if they didnt provide me the required information within 12 working days then the debt will become unenforceable. I sent them the CCA request on 5th February 2014 and its been 33 working days today I havent heard anything from them. What does that mean.....??????
Shall I assume that they are gonna withdraw the case but I got a letter from BC in which they informed the court on behslf of liwell that their client wants to proceed......!!!!!!
Any ideas?????

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hello,
So I have notice of proposed allocation to small claims track akong with questionnaire.
Please help me to reply these questions.
1- They are asking about being reffered to SCMS, if I am agreed or not?
2- if I am agree that the small claims track is appropriate?
3- hearing venue and why I am choosing the venue
4- expert advice : (what is this) ???
5- witnesses?????


I have to submit it by 9th april.

Waiting for reply
Best regards.

[Amethyst]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Hiya,

What was the letter from HSBC about regaridng signature ? - was that your CCA request ?

Did you have a CCA request in to Lowell too ?

If Lowell have had a proper CCA request and havent sent you the relevant documents then that is a barr to them enforcing, so they can't get the CCJ. Once you're allocated to your local court you should get some sort of directions from the court, otherwise we could add that in to the defence.

If they are continuing on the basis of your Stat Barred defence that means they are most likely going to have come up with some random payment/acknowledgment of the debt, probably 2010 ish, so double check your banking records that you havent made any payment on the debt since 6 years before they claim was issued.

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.

so you should be fine.

I'm never sure about mediation, it looks more reasonable to tick yes, but really your mediation is that you don't owe the debt, and theres is that you do, so theres not much to mediate on. SO I'd tick No.
Small Claims track - Yes
Expert Advice - No
Witnesses - None


Hope that helps

Sharon
xx

[Cadburry]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Thanks a ton.
It was s subject access request to HSBC for which they need my signature. None of BC and Lowell have replied yet about the CCA and CPR request.
I will post this form right away.
Thank a lot again for your help at every stage.
Best regards.

[Amethyst]

Re: HSBC / Lowell / Bryan Carter v Cadburry

Ahhh, just sign the letter. Use an anti-tamper strip if you're worried about them nicking your signature fraudulently.

I've started a bit of a discussion thread on stat barred defences and countering continuance by the claimants and what evidence to sort out to show you didn't make payments, which might turn out interesting for you.