DISCONTINUED ! Lowell / Bryan Carter / Capital One / County Cour

[4 Chris Sakes]

Hi everyone.
It's so encouraging to see people working together to defend our rights! I need some help myself right now. I've just received a County Court Claim Form from Northampton. I got a Capital One card many years ago - several years before 2000 - so I wonder if they will be able to produce the relevant CCA paperwork, etc? I did wonder if it's possible to take some matters up with OFT/FOS to reduce/save legal costs? Any help would be truly appreciated.

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi and welcome to LB!

Hi everyone.
It's so encouraging to see people working together to defend our rights! I need some help myself right now. I've just received a County Court Claim Form from Northampton. I got a Capital One card many years ago - several years before 2000 - so I wonder if they will be able to produce the relevant CCA paperwork, etc?

Probably not, you'll have to send a CCA request to Lowell to see what they can do. When did you last make a payment?

I did wonder if it's possible to take some matters up with OFT/FOS to reduce/save legal costs? Any help would be truly appreciated.

As Lowell have already issued proceedings, there is no time to take matters up with the regulators at this late stage. You need to acknowledge the claim and state your intention to defend in full. You have 14 days (+ 5 allowed for service) to acknowledge, which you can normally do online. :typing:

Have you made payments or acknowledge the debt in writing in the last 6 years? The course of action will depend on your answer to that question. :thumb:

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Many thanks for your kind reply.
I have made payments in the last 6 years - probably about 2 to 3 years ago - so I don't think statute barred is going to be an option.
I do think that the age of the original agreement could possibly be advantageous though? It's certainly before the year 2000 and I suspect it was in 1997. Need to check this.
The County Court Claim Form was issued Feb 14 - so I presume that gives me a small amount of time?

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Many thanks for your kind reply.
I have made payments in the last 6 years - probably about 2 to 3 years ago - so I don't think statute barred is going to be an option.
I do think that the age of the original agreement could possibly be advantageous though? It's certainly before the year 2000 and I suspect it was in 1997. Need to check this.

It should certainly work in your favour, :thumb: but you don't need to check anything, what you need to do is send a CCA request to Lowell and a CPR 31.14 request to Bryan Carter.

MThe County Court Claim Form was issued Feb 14 - so I presume that gives me a small amount of time?

You have 14 days to acknowledge from the date of service, which is calculated adding 5 days to the date on the claim. Acknowledge and tick the box stating intention to defend in full, this gives you a further 14 days to submit a defence. I make it 19th of March at the latest. :clock:

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Below is the CCA request that should go to Lowell, with a PO for £1. Sign digitally using a computer font and send recorded delivery. They have 14 days to respond (they never do). Send Bryan Carter a copy for reference w/o the fee.

Dear Sirs

Ref: xxxxxxxx

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

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 (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 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).
In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and return the fee.

Yours faithfully,

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

This is the CPR 31.14 request to be sent to Bryan Carter (no fee required for this one), recorded delivery. They should respond in 7 days (they never, ever do), otherwise you have to contact them, asking them to agree to an extension to file your defence.

I don't think you mentioned the amount of the claim, the letter below assumes it's under £10k. :noidea:

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On xx/xxx/xxxx 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

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, Thank you so much for sharing this brilliant information.
Yes, the claim is just under £4k - this includes interest charged for over a year.
I think I previously read on the internet about debt companies not being allowed to add charges/interest to a debt they have bought? Am wondering if there's also a way to demand that Lowell disclose how much they bought the debt for? Via Information Commissioner, etc? This would obviously reveal how Lowell are unfairly making profits from people who are already in debt.
Today I am preparing and sending a CCA request to Lowell and a CPR 31.14 request to Bryan Carter as you've mentioned.
Thanks again for all your help.
Chris

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, Thank you so much for sharing this brilliant information.
Yes, the claim is just under £4k - this includes interest charged for over a year.
I think I previously read on the internet about debt companies not being allowed to add charges/interest to a debt they have bought?

There's a lot of misinformation around, or it probably refers to post-judgment interest rather than assignment.

Am wondering if there's also a way to demand that Lowell disclose how much they bought the debt for? Via Information Commissioner, etc? This would obviously reveal how Lowell are unfairly making profits from people who are already in debt.

I'm afraid not, since that's regarded as 'commercially sensitive information' between two parties that does not involve you (the debtor) at all, so you can't argue is data about you they are withholding, for example, from a SAR.

Estimates put it at around 10%. It is extremely unfair, but not illegal, to make profits from defaulted accounts. :ohwell:

There are other practices that Lowell amongst others, engage in, which are borderline, such as pre-dating SDs and issuing claims without supplying any evidence/documents. Yet they seem to get away with murder... :Cry::Cry::Cry:

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi, many thanks for clarifying my points about the Information Commissioner, etc.
Have now prepared CCA letter and CPR 31.14 letter - though I thought it may be best for me to send online acknowledgement of service to Northampton before these are posted?
In which case there are several questions about what I should say to Northampton:

Second page: "N9CPC" RESPONSE PACK/ACKNOWLEDGEMENT OF SERVICE:
Contact Details: I would expect giving an email address is mandatory? Though is it necessary/helpful to give a phone number? If so, which is best: mobile/landline? Am thinking of longer term implications of giving a phone number and the potential for unwanted calls.

Tick appropriate box: 1. I intend to defend all of this claim? (presumably I don't yet tick 3. I intend to contest jurisdiction?)

Third page: "N9A (CPC) Form of admission": This asks for many personal details, etc, and I am wondering if it's necessary to complete this if the entire claim is being contested?

Fourth page: "N9B(CPC)":
1. How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.
3. Defence: What do I say here?
4. If you wish to make a claim against the claimant (a counterclaim)
5. Signed: Again, should this be completed?

Am perhaps realising that the defence, etc, doesn't need to be filed yet? Just Acknowledgement of Service instead?

Your help is greatly appreciated :-)
Chris

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Yes, definitely acknowledge before sending the CPR letters. You should be able to acknowledge the claim online, there's usually a password printed on the claim form, down the right hand side. :typing:

You should tick the box that says you intend to defend the claim in full. :thumb: You don't have to contest jurisdiction now or at any time, that would only apply if, say, you were not resident in England and Wales. It doesn't refer to the fact you may not live in the Northampton area, that's just the bulk processing centre for money claims. Once a defence is submitted, the case will be assigned to your local court, that comes much later.

The defence does not have to be filed yet, not until you have got their responses to your CPR requests, etc. Once you acknowledge, you have a total of 28 days (+ 5 for service) from the date on the claim to file it, and you may be able to agree an extension of up to 28 days if the claimant does not comply with your requests.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Thanks so much for your reply. Could I just check re:

Third page: "N9A (CPC) Form of admission": This asks for many personal details, etc, and I am wondering if it's necessary to complete this if the entire claim is being contested?

[FlamingParrot]

Re: Lowell / Bryan Carter / Capital One / County Court

Thanks so much for your reply. Could I just check re:

Third page: "N9A (CPC) Form of admission": This asks for many personal details, etc, and I am wondering if it's necessary to complete this if the entire claim is being contested?

You don't need to touch that form at all, since you are not admitting the claim. If you are using the forms rather than doing it online, the only form you'll need is Form n009 which is the acknowledgment of service. Tick the box as shown below.
N009.png
You don't need to send either form N9A or N9B. N9A is to admit the claim :nono: :scared: N9B is to submit a defence, which you won't be doing just yet.

The reason why form N9A asks for all those details is because, if you admit the claim, you'll get a CCJ :scared: and you'll be expected to make a repayment offer.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi there, Hope all is well with you.
A quick update on progress:
I filed Acknowledgement of Service online yesterday. And the CCA and CPR31.14 letters were sent recorded delivery today.
I presume I now await a response - even though there usually isn't one?
Many thanks for your help :-)

[Amethyst]

Re: Lowell / Bryan Carter / Capital One / County Court

Pretty much, keep an eye on your defence due date though and if you get to 7days and havent heard anything we'll need to sort a reminder and start thinking on your defence/application for an order from the court.

[4 Chris Sakes]

Re: Lowell / Bryan Carter / Capital One / County Court

Hi there,
Flaming Parrot previously mentioned: "You have 14 days to acknowledge from the date of service, which is calculated adding 5 days to the date on the claim. Acknowledge and tick the box stating intention to defend in full, this gives you a further 14 days to submit a defence. I make it 19th of March at the latest."
Does that mean I need to send a reminder 7 days before March 19th?
Many thanks for your help :-)