Bryan Carter solicitors /Lowell CCJ now on small claims track

**bigontv123** · 23rd June 2014, 22:54:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Hi Okateo,

Welcome to legal beagles!

It might help if you post more details, Like.......
What did they put in the original Claims form that you received(Particulars of claim).
When was the claim by Bryan Carter issued to you?
When was the last payment that you made?
What letters have been sent to you?
What letters you have sent to them?
What's it for? credit card, overdraft, bank loan, other?
What did you put in your defence?

Answering these questions will speed up an response.

Hang in there. someone will be along very soon.

Hope this helps.

Bigontv123

**Amethyst** · 23rd June 2014, 22:55:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Allocation to small claims track is normal after you have filed a defence and the claimants have confirmed they wish to continue.

There should be a further order sent out by court which will give directions and possibly a hearing date.

What was the issue with the 2013 payment?

Procedure wise once you enter a defence you get allocated to small claims or fast track (over £10k oR complex claims) then swap documents and then attend a court hearing to put forwards your arguments for the court to decide whether you must pay the debt as claimed or not.

Lots of different things happen in between and lots depends on the specific claim, the claimants, the court, the defence and the judge. Any communication you receive post up here as soon as possible and peeps can help you with what to do.

**okateo** · 24th June 2014, 06:25:AM

Re: Bryan Carter/Lowell CCJ now on small claims track

What did they put in the original Claims form that you received(Particulars of claim). Particulars are for a bank account overdraft and also interest Lowell is claiming. The account wasn't used from 2006/2007 and a 2008 default date has appeared on my credit report. I originally queried the dates through equifax in January and it started this whole process-I think anyway. Lowell has two accounts with 2008 default dates so I'm expecting another claim before December. I have no details of the accounts but I know the defaults were well over 6 years ago.

When was the claim by Bryan Carter issued to you? The claim went to my ex's address in May. I sent an ack of service and wrote my defence by the deadline date of 15 June.

When was the last payment that you made? I can't remember but will have been early 2007 at the latest

What letters have been sent to you? I only know about the ccj app as my ex advised me this had come to his house. I don't know of any other letters prior to this. I have been corresponding with Lowell and Bryan Carter via email.
What letters you have sent to them? I have sent email correspondence after the claim was put in. I have complained about the new default dates/the accusation of a payment in 2013/no response to a request for information re the accounts. I'm going
through a complaints process with Lowell and the financial ombudsman.

What's it for? credit card, overdraft, bank loan, other? Bank account I think

What did you put in your defence? My defence was terrible. I didn't quote any credit acts or request info re my accounts in a formalised manner. I was very rushed and so basic. I said I'd had no contact with BC or Lowell prior to this claim. I said the debt is statute barred. I advised my request for info hasn't been acknowledged and that a payment in 2013 was never made.

Bryan Carter advised the debt wasn't statute barred is because of a payment made in 2013 of £8.14 or something to that value. I don't even believe BC got this info from Lowell at all and my defence disputed this claim. They can't prove it as I have no matching values on my card statements and I don't live at the address-in case they say it was a cash payment. If this payment is their argument then are they admitting the debt is over 6 years (re the original default date).

I don't have any paperwork re the accounts and I don't suppose I will get any from Lowell/BC. I'm pretty terrified of going to court and don't know what the process will be. What happens if I loose? Can mediation still stop a ccj? Is it even realistic I'll win with something like this? I want to defend it but feel unprepared and out of my depth.

Thanks for responding.

**okateo** · 28th August 2014, 11:52:AM

Re: Bryan Carter/Lowell CCJ now on small claims track

Hi

It's been some time.....

it's now gone to court - I've got a date in october and I am really worried.

what formal letter can I send to request info? i have asked for proof of contract on many occassions but I am obviously not doing this right. I've found i need to send a CPR 31.14 and then a request for proof of last payment - what reference is this?

Bryan Carter, the sols, have replied stating that the original aggreement was sent by the original creditor and so this means the legal obligation to provide info has been satisfied.

I am currently in the complaints process with the finanancial ombundsman for how Lowell/Bryan Carter (i actually feel BC works independtly, replying without Lowell's consent) have approached this and the lack of adherance to legal requirements - along with the fact I never made any paymetn in November 2013.

I know this debt did not expire in decmber 2014 - i know the default wasnt six years prior. I dont understnad what evidene they can provide, that isnt false and I'm worried I will turn up to court with no information at all.

I dont know what to expect in court, or how I can proove anything at all. Are there any difinitive online resources I can use to get some clarity? I'm afraid they will show inaccuraate information after the claim of payment in 2013 was made - it most certainly wasnt!

Any help to give me a leg to stand on in court will be appreciated. I've tried to speak to solcitors and nobody will give me advice, I dont qualify for legal aid and it's frutiless going to CAB as I have no documentation to discuss the particulars further.

can i request the info direct from the original creditor if the info has been sold?

I hope someone can respond

**okateo** · 28th August 2014, 13:18:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

i've got a feeling i've handled all of this wrong and so not done any of the offical letters requesting info. now it's on a small claims track i have no option to do anything. until today, i tohught i was doing everything correct.

**Amethyst** · 28th August 2014, 13:25:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Okay don't worry

Your defence said '' I'd had no contact with BC or Lowell prior to this claim. I said the debt is statute barred. I advised my request for info hasn't been acknowledged and that a payment in 2013 was never made.''

That's fine and enough for the moment, obviously if you have a court date you've already dealt with your directions questionnaire - have you had anything at all through from the Claimants ?

I would back up your defence with a Witness Statement so write yourself a list of all letters sent and received since receiving the court claim so we know exactly where you are at.

**okateo** · 28th August 2014, 13:55:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Sorry it is so confusing. So i can be a witness?! I had the letter with the date through and nothing from BC/Lowell. Do i need to send the info off to the court prior? I couldnt see anything stating so.
obviously there is still time but i am aware that BC will know I have not acted correctly and play on this. i imagine no info will be snet but i dont have all of my correspondence as it has been via email since the start of the process.
Also, Lowell now have a differrnt trading name - will this matter for the court process.
it is very nerve wracking. I'm aware I'm limited with time and I believe BC will go through with it, as opposed to it being a direction from Lowell.

**Amethyst** · 28th August 2014, 14:07:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

What trading name do Lowell have?

Write a list of the emails you have sent and received since getting the claim.

Witness Statement wise - its just a list detailing what you have done to find out information about the debt that you submit to the court 14 days before the hearing so the judge has some idea of what the situation is before you go into court.

This is an example...its not suitable for your case so don't use it, it's just so you can see what I mean by a Witness Statement.

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the Claimant do provide copies of documents pursuant to CPR 31.14.

2: CPR rule 31.14 states

(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit

The Defendant is therefore entitled to inspect copies of the Credit Agreement, the Default notice and the assignment.

3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely cental to the Claimants case.

5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

6. On XXXXXXXXXX , I contacted the Claimants by telephone/in writing ....summarise what was said and/or attach [EXHIBITS] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS

7. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

8. I refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)

“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

9. I also refer to the ruling of the Court of Appeal in Mitchell v News Group Newspaper [2013] EWCA Civ 1537 where the court set down clear guidance that the rules must be complied with (see para 41). This application could have been avoided had the Claimant complied with its duties under the CPR.

10. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

11. I therefore ask that the Court grants an extension of time to file my Defence and orders the Claimant to provide copies of the documents mentioned in its statement of case. I would also ask the Court to order the Claimants pay the costs of this application which could have been avoided had the Claimants had their house in order from the outset.

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated:

**okateo** · 28th August 2014, 14:28:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Overdales Legal is apparently the new trading name.

This format of letter is very detailed. If i simply list the correspondence, will this really hold any weight? I feel completely out of my depth and thought i was being pro active but seems I missed the boat at every opportunity.
I cant quote or argue any legality at this stage, just list the correspondence?
i also thought i had to submit witness statements when i filed my defence - they havent intiaited mediation, which I thought they might.
thanks so much for your help and sorry therre are more questions.

**Amethyst** · 28th August 2014, 14:31:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

I haven't heard of them before. Would you be able to do a photo of the letter you have about them?

It's okay.... if you do a list of the emails (or fwd me the email chain if that's easier ) I can see what you have done so far and what you need to do and the best next move. (email is admin@legalbeagles.info )

**okateo** · 28th August 2014, 14:36:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

the financial ombundsman advised me of the new name - i havnet had any further info.

it'd be helpful if you could take a look. i['m rather embarrassed by it all

**Amethyst** · 28th August 2014, 14:39:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Don't be, its scary and complicated if you aren't used to dealing with court and DCA's.

Where did the Financial Ombudsman come into things?

**Amethyst** · 28th August 2014, 14:54:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

Going through the emails now - had a quick read through the first batch and you have done absolutely fine - nothing to worry about at all.

You have requested information, told them the debt is statute barred and asked for evidence of the payment. The account was 'closed' 8 years before a mystery payment in November 2013 - Lowell do have a little bit of a reputation for coming up with random payments of odd amounts years after accounts have stopped being used - so asking for evidence is exactly the right thing to do.

And yip, just seen how much the alleged payment was for.... as IF anyone would wait 8 years then randomly pay such a low and odd amount. If you can get hold of your current banks statement for Nov 2013 that would help your case that the payment wasn;t made by you xx

**okateo** · 28th August 2014, 14:59:PM

Re: Bryan Carter/Lowell CCJ now on small claims track

i complained direct to Lowell about the lack of communication/lack of documentation provided and the accusation of payment in 2013-BC wrote to me advising this is why the debt isnt statute barred so i suppose their argument. i think ti will be different in court.
I also noticed that my credit report has altered and this account has a new default date - after reading up i understnad that this could easily be altered and I originally contact Lowell via the report company to query why the default date had changed (and the address).
I kept the ombundsman in the loop to wait for the 8 week cut off - which is now a month and a half over - and am now going down that road.
it will be interesting to see what evidence can be brought to court about payment in november 2013. I dont reside at the address and it can only be a cash payment as nothing came out of my accounts at that date.

Bryan Carter solicitors /Lowell CCJ now on small claims track