Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years)

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

Do I compile a standard defence based on this thread http://www.legalbeagles.info/forums/...-Form-received, or is there more I can put

Also can I ask some questions (basic ones first).

1. Do I have to send BC a copy of the online acknowledgement of service (the PDF you get), or will it be valid by just filling in the acknowledgement of service online.

No they always say you haven't acknowledged....the court makes them aware

2. How much time to I have on this once I receive the claim form? (received on 18th June), I asked for extra time but this isn't recorded online, which just confirms that I filed acknowledgement of service, it is in the PDF you can download, but is the extra 14 days at the discretion of the claimant, or is it granted by default if you file that you have decided to defend the claim? If so, how do I handle BC, can they get a default judgement anyway and claim they haven't received my Acknowledgement of claim, and request of 28 days?

calculate 33 days from issue date (you get 5 days for service plus 28 days)


3. How long should I wait for documents before filling in the defence, and do I do it online, or do I need to send a copy anywhere?

see if they send you anything for your CPR and CCA requests first - then decide whether to apply for an order to produce documents or enter a defence

4. There is no creditor default only the Lowell default filed, do I use this to argue I need to see the credit agreement from the alleged lender to prove it exists as evidence? Do I include the credit report I have from last year with any defence? Is it best to leave the date of default issue out of the defence? I've added the credit report slip, obviously arguing on the date is probably best not done as things stand I assume while they haven't even given me any details?
NI'd leave dates out of it and wouldn't go with SB defence at all considering your position

5. Once I file my defence is a court date set by the court if they are happy I have grounds to contest, and do BC actually need any evidence of the validity of the claim before they can be granted a court date?

YEs they do, but it depends on the judge you get and whether he orders inspection of documents either off back of an application or your defence

6. What happens if at court they turn up with evidence they haven't provided in the CPR?
You'd ask for an adjournment as they have acted unfairly
PS I've seen I should have named my thread BC/Lowell Vs Maiakaat, I'm sorry for this

Thanks so far

That's okay, reading next post now xx

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

I am assumingI have the 18th - the date on the court form + 5 days + 28 days, as I have filed the online AOS, even if they do not acknowledge reciept.

(I guess I could print and enclose the PDF copy too), and state I have filed this online and it has been acknowledged on the 23rd June.

After that I should wait, and my defence is due no later than 20th/21st of July (roughly) depending on how they respond to my response and re-request of information? and right now that is all I have to do until the next letter comes?

I'm doing my best to figure it out, I see Lowell/BC have been busy

Template of letter I plan to send...


Dear Sirs,

Claim No: xxxxxxx
Claimant v Defendant

Request for documents mentioned in a statement of case under CPR 31.14

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 and/or counterclaim at this moment as I have no information regarding the alleged debt. 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.

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.

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

Yours sincerely

Your Name

Yes that sounds fine, a few days before the end of your defence period you need to decide whether to enter an application for an unless order or a defence. A lot depends what BC do. If they send nothing you can ask them to agree to an extension to your defence filing date, then notify the court, if they supply something you can defend on that basis (or admit depending)....really its a wait and see and go with the flow until you get within a few days of the dealdine.

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

Just an update

I sent this letter off recorded, dated for today, sent yesterday, with a few additions.

I enclosed a copy of the acknowledgement of claim.

I also queried a letter from Lowell arriving on the 27th (I think) dated the 25th, in response to their copy of the CPR request - that Fredrickson International was handling the claim and that the request had been passed to them (I think), and asked BC if in-fact BC were still handling the claim, or if the claim was no-longer being handled by them.

I also restated that I had sent two letters to both Lowell and BC, one to be considered the CPR request, and one the CCA request to be sure they are aware in writing of both letters, and not just the CPR request. I think if they haven't replied by the 7th or 8th with legally acceptable information I have less than 12 days to file a defence.

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

A second update, BC have pretty much sent the same letter as before, refusing (effectively) to respond to the CPR request, and still quote the 17th not the 18th which is on the claim as the date the claim was issued, they've denied the extension they need to respond and are now about 4 days into the 12 days I have to file a defence

I will upload the letter I sent and the letter I received later.

They haven't responded to the request for clarity on who is handling the case (due to the error by Lowell)

They have at least confirmed they have received my acknowledgement of claim

They quote practice direction 7C point 1.4.

My letters sent on the 23rd June to both Bryan carter and Lowell for the CCA hasn't had a response either. So I have no CCA, no notice of default and no notice of assignment at this point

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

Pl
They also seem to be trying to waste as much time as possible with the replies coming back just under the limits

My questions would be

a) what do I do about the fact that neither acknowledged the second of the two letters they both received for the CCA request, they were sent with the CPR request as distinct letters, BC also kept the £1 for this request, and Lowell kept the £1 for the CPR and £1 for the CCA, I hope they don't credit the account and try to make it look like I have made a payment, as I have the letters and receipt with confirmation of delivery codes. The requests were in letters posted higher up the thread, on the 23rd of June, I don't know how long they have for this.

b) Do I do anything about the fact that they keep using the 17th, when the claim date was the 18th on the court form

c) What do I do about the continued refusal (in legalese) to provide anything relating to the account regarding the CPR request, do they have any legal grounds for this

d) Is there any significance to the fact that Lowell has quoted the wrong law firm and contact details, for their copy of the CPR request (along with not jet responding to the CCA request it was sent with) Or are they the same company - as the addresses seem identical.

The follow ups are attached as

1. lowells response to their CPR and CCA request copy (no CCA response yet forthcoming)
2. Letter to BC re-iterating their obligation to fulfill CPR request
3. Letter from BC refusing cpr, and an extension, restating the 17th June as date of claim rather than the 18th as on the claim pack, and ignoring request for confirmation that they and not Fredrickson are handling the court claim

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Finally should I send a reminder about the lack of a response to the CCA requests to both Lowell and BC

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Seems to me that you are really at the stage of asking them to confirm their agreement to an extension to your defence filing date under CPR 15.5

You need to ring/email them to ask them - this would be to the solicitors handling the claim. Ask them to confirm in writing (email) and then you forward that on with a note that both parties are in agreement over to the court.

This will give you another 28 days to enter a defence. If they still don't supply the documents you'd defend on the lack of compliance with the CCA and the lack of information.

If they refuse the extension then you do your defence now, or do an application to enforce compliance with the CPR 31.14 request.

CPR - http://www.justice.gov.uk/courts/pro...es/part15#15.5 ( 15.4 is just above it)

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

I need to file a defence really no later than the 20th, possibly the 19th, and this is a weekend so I actually need to file a defence Thursday the 17th, to make sure they have the Friday the 18th to recieve it.

Because I am worried about missing the deadline I would rather file a defence on Monday for receipt no later than Tuesday, which would be the 15th, and within 28 days of the date they use (17th June) so it would definitely arrive in time, even though I technically probably have until the 18th (with the claim being done in such a way that it wasted a weekend before I could reply, and shortened the last date of submission of a defence due to the date falling on a Sunday or Monday. I don't think I have time to ask again before filing a defence.

I've asked them twice, the letters are both on this thread, and they've said no both times, the letters are on this thread.

I can write to them again, but they have specifically quoted a reason as to why the wont fulfil the CPR agreement in the most recent response, and I don't know how to respond or if what they have quoted in the letter has any grounds, it looks dubious to me. I can include that I have filed a defence and that I intend to seek more time for compliance as I am unable to defend my case, but it would be good if I could have some guidance on their claim that it is not required, for both the response and my defence (seeking extra time)

I will send a new letter asking about the CCA request that was included with the CPR request to both Lowell and BC, and the fact BC ignored my mention of it in my follow-up letter, and I still haven't heard anything from Lowell despite them taking both £1 fees for copying and costs, of each request.

At this point I have no credit agreement from them, no default notice, no notice of assignment, nothing to prove the debt ever existed technically, that I entered into a credit agreement, or that any debt was legally acquired by them, or a record on my credit record of the original creditor filing a default

I get the impression they are just hoping I don't file a response in time.

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Ahh I thought you'd just asked them in with the standard CPR letters. If you have directly asked and they've said no, then you're going to be needing to sort out your defence to enter in the next week.

This will be mainly on non compliance with the CCA request, by the sounds of it. Without them supplying a compliant CCA they cannot enforce the debt in court (ie can't get judgement) so that is plenty.

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

I'll try to compile something over the next 2 days and run it by the forum to check it looks OK before submitting

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Okeydokey xx Your main defence is the non compliance with the CCA at the moment.

So section 78(1) and 78(6) primarily.

http://www.legislation.gov.uk/ukpga/1974/39/section/78

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

BC claim they do not need to respond to the request for disclosure under Part 31 of the Civil Procedure Rules on both the 4th July and 24th June as the claim was issued on the grounds that the claim form was issued by Northampton County Court Bulk Centre and that the Courts Protocol was followed when issuing the Claimants Particulars of Claim.

The quote Practice direction 7C point 1.4 (3A) eliminating this requirement to attach Particulars of claim when they are issued by the court.

http://www.justice.gov.uk/courts/pro...t07/pd_part07c

"(3A) The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims to be issued by the Centre, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

Filing separate particulars of claim

5.2
(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –
(a) state that the particulars of claim will follow; and
(b) include a brief summary of the claim.
(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –
(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and
(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.
(3) The claimant must file the particulars of claim at the court to which the proceedings are sent under paragraph 1.3(2)(f) within 7 days of service of the notice that the proceedings have been sent.
(4) Where the proceedings are not sent under paragraph 1.3(2)(f) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so."


I don't understand how this has any relevance to their need to respond to the CPR request, but if I could counter this in my defence for non-compliance would it help, how do I do this? Do I need to address this claim specifically in the standard defence for non compliance?

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

They keep using the same arguments. In one was they are right, in others they aren't.

There is no requirement for them to attach documents to a Claim issued through MCOL - however they are able to send additional particulars of claim under separate cover. CPR 31.14 doesn't apply to claims allocated to small claims track - however it does apply before allocation (ie before defence is entered and allocation to track takes place)

I would mention your request and their failure to respond in your defence, but I wouldn't give the court their arguments against your request being valid, they can do that themselves,

If it helps this is take from an order made by a Judge a couple weeks ago

The claimant's contention is that this is a case which will be allocated to the small claims track and that CPR 27 disapplies. CPR 31 in relation to cases so allocated is correct however this is not yet allocated. Had it not been issued through CCBC the claimant would have been obliged to attach copies of the documentation upon which it relies to the particulars of claim. The defendant is entitled to see the documents on which the claimants relies and which it will have to produce at trial. Disclosure at this early stage will enable the defendant to fully please his case and further the overriding objective.

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

I'm not sure what the legal definition is for what I am requesting, I've seen stayed, but I guess it is for more time to comply, but I don't know what the legal definition for this is

I've written the following so far for my response

I write to you as a litigant and apologise in advance if I make any slight errors in the normal running of a court claim. I am the defendant in this case.











I have no option to but request xxxx for more time, as I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt..


Specifically I am filing my defence under section 4.4(1,2 and 4) of the rules for pre-action conduct, that there has been a failure of compliance by both Lowell and Bryan Carter - detailed below:


1. Non Compliance with a request for the Consumer Credit Agreement (CCA) request under section 78.1 pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)


1a. Failure of Lowell to acknowledge, or respond to the request for the information on the alleged debt. Specifically, a true or reconstituded copy of the credit agreement - in addition to any other documentation the act requires be provided under section 78.1, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), as required for the alleged debt to become enforcable under section 78.6 of the consumer credit act 1974.


This was requested in a letter sent on the 24th June 2014 by recorded delivery to Lowell. This is still the case as of the 12th July 2014, less than 10 days before my defence is due, and despite receiving the fee for processing this request.


1b. Failure of Bryan Carter to acknowledge the request for information on the alleged debt, and/or refer to the original creditor (Lowell) under section 175 of the Consumer Credit Act (CCA1974). specifically a true or reconstituted copy of the credit agreement - in addition to any other documentation the act requires be provided under under section 78.1 pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), as required for the alleged debt to become enforcible under section 78.6 of the consumer credit act 1974.


This was also requested in a letter sent on the 24th June 2014 by recorded delivery to Bryan Carter. This is still the case as of the 12th July 2014, less than 10 days before my defence is due, and despite receiving the fee for processing this request.


Bryan Carter also failed to respond to a reminder, sent by recorded delivery on the 3rd July 2014, stating that no reponse to the request for information on the alleged debt, specifically a true or reconstituded copy of the credit agreement - in addition to any other documentation the act requires be provided under section 78.1 pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974), had been recieved. This was despite providing a response to other parts of the letter.


2. Non Compliance with the disclosure request under the CPR 31.14


2a. Failure of Bryan Carter to fullfil their obligations in response to the Civil Procedure Rules (CPR) 31.14 request.


This was requested on the 23rd June 2014, and requested again in a letter sent on the 3rd July 2014. Both letters were sent recorded delivery and both received a response. As of the 12 July 2014, the request has not been complied with, leaving me less than 10 days to file a defence.


As the claim has not been allocated to a particular track ,I believe I am entitled to see the documents on which the claimant relies, and which it will have to produce at trial under section 31.14 of the Civil Procedure Rules.




My request is to allow further time for the claimant to comply with my requests and/or for me the defendant take action to ensure compliance where possible. This is despite my attempts to fulfil my duties in a timely manner, provide full contact details, and ensure Lowell and Bryan Carter are fully aware of my requests and had appropriate time to respond.


As Bryan Carter have notified me that Lowell has refused to grant an extension not less than 14 days from the date of compliance explicitly in response to both the CPR 31.14 request (sent on the 23rd June 2014, and again on the 3rd July 2014), I have no choice but to file my defence on these grounds.

There is a few structural errors I need to fix [fixed now on 17:10 edit]

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

I found this thread http://www.legalbeagles.info/forums/...Kelike28/page3 but it seems to be a very different set of circumstances, and I have no idea how to meet this format for my defence at present.

I found that I can use an unless order if needed, but at this stage I have no idea how to word my defence

Do I also conclude with seeking to dismiss the claim, or am I merely asking for some sort of stay until they provide the documents.

I'm really sorry.