lowell financial and bryan carter solicitors-v-me

[Julesest]

Hi there i wonder if you can help. I recently got a county court claim form from northampton and this is what it is for.
This debt was purchased by Lowell Portfolio on 03/07/2013 and notice served pursuant to the law of property act 1925.
particulars Re: Lloyds A/C 30125900467283. The claimant claims £1659.90 and the claimant also claims interest pursuant to s69 court act 1984 from 03/07/2013 to date at 8% per annum amounting to £134.61. So the amount claimed is £1794.51, court fee £105.00, Solicitors costs £80:00, total £1979.51.
I intend to defend in full at this stage so i have replied to the court online. The claim was issued on 09/07/2014 and the defence was sent back on 24/07/2014 in which i put......I have got no idea what this claim is for and have not been given any details of the alleged debt from bryan carter solicitors. ( In fact i do have some recollection of this i think it may be an old credit card going back probably 7 or 8 years ago. I really don't remember much about it as i was not in a very good place as i am a recovering alcholic.
These are letters i have had recently.
HM Courts & tribunals service: I acknowledge receipt of yout defence. A copy is being served to the claiment. The claiment may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claiment will inform the court he wishes to proceed. The court will then inform you what will happen. Where he wishes to proceed, the claiment must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim wil be stayed. The only action the claiment can then take will be to apply to a judge for an order lifting the stay. This letter was dated 24/07/14.
Letter from Bryan Carter Solicitors 29/07/2014 : As you will be aware we have recently issued proceedings in respect of this outstanding debt. It may be that you do not yet have any judgements registered against your name and we wonder whether you are aware of the serious impact that a registered judgment could have on your ability to obtain credit in the future. It is still not to late for you to act to avoid this happening. Please phone 0845 8396165 immediatley on receipt of this letter in order that we can discuss what options are open to you. This is a serious matter and you may wish to obtain independant legal advice.
Last letter dated 31/07/2014 from BCS
PLease see attached copy letter sent to the court confirming that the claimant wishes to proceed with the claim at this time. The claimant agrees in principal to mediation.
We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on 0845 8396166.
This came with the above letter dated the same from BCS. Thank you for providing us with the defendants defence.
our instructions are that the claimant wishes to proceed with the claim.
We look forward to hearing from the court with directions.
I am just wondering where do i go from here....do i just sit back and wait.....any advice would be extremely grateful. How long will i have to wait from the courts. Please help if you can. Many thanks.

[FlamingParrot]

Re: lowell financial and bryan carter solicitors-v-me

Hi there i wonder if you can help. I recently got a county court claim form from northampton and this is what it is for.
This debt was purchased by Lowell Portfolio on 03/07/2013 and notice served pursuant to the law of property act 1925.
particulars Re: Lloyds A/C 30125900467283. The claimant claims £1659.90 and the claimant also claims interest pursuant to s69 court act 1984 from 03/07/2013 to date at 8% per annum amounting to £134.61. So the amount claimed is £1794.51, court fee £105.00, Solicitors costs £80:00, total £1979.51.
I intend to defend in full at this stage so i have replied to the court online. The claim was issued on 09/07/2014 and the defence was sent back on 24/07/2014 in which i put......I have got no idea what this claim is for and have not been given any details of the alleged debt from bryan carter solicitors. ( In fact i do have some recollection of this i think it may be an old credit card going back probably 7 or 8 years ago.

If you never made any payments in the last 6 years, it would be SBd. However, you didn't mention this in your defence. :mmph:

PLease see attached copy letter sent to the court confirming that the claimant wishes to proceed with the claim at this time. The claimant agrees in principal to mediation.
We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on 0845 8396166.
This came with the above letter dated the same from BCS. Thank you for providing us with the defendants defence.
our instructions are that the claimant wishes to proceed with the claim.
We look forward to hearing from the court with directions.
I am just wondering where do i go from here....do i just sit back and wait.....any advice would be extremely grateful. How long will i have to wait from the courts. Please help if you can. Many thanks.

As you have already submitted a defence without requesting documents or further information from the claimant, it can be difficult to assess the situation. :ohwell:

Have you received the directions questionnaire? If not, you'll soon get a form N180 that you will have to fill in and return. It's up to you whether you want to make a without prejudice offer to the claimants, it all depends on your circumstances, whether you reckon this is really your debt and it's not SBd and whether obtaining a CCJ would be detrimental to your job, etc. :decision:

[Amethyst]

Re: lowell financial and bryan carter solicitors-v-me

SO your defence was

''.I have got no idea what this claim is for and have not been given any details of the alleged debt from bryan carter solicitors''

It's minimalist but is basically what we say in a bit of a long winded way in our defences where info has not been given by the solicitors. However it doesn't have any legal points in it so you may have BC pushing for a summary judgment, just try keep us up to date with anything you get back from the court/claimant now as you may need to amend your defence.

If you think this is a credit card you could send a CCA request to Lowell which might help your case later on - http://www.legalbeagles.info/forums/...y-of-Agreement

[Julesest]

Re: lowell financial and bryan carter solicitors-v-me

Thanks very much for your help. I have never made a payment in the last 6 years. Also what is SBD and formn180?
I received today a without prejudice letter. In short in an attempt to settle this matter before the hearing and in order to avoid further costs we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in the blank space in the proposed order and sign and return to us. provided the amount is reasonable we will sign the order and send it to the court to be sealed. We look forward to hearing from you and hope we can settle this without a court hearing. If we do not hear from you we will apply to court to strike out your defence at hearing which if successful may result in further costs being payable by you.
attached to this letter i have a consent order that i have to fill in a amount i can afford to pay each month. Which i could pay £50.00 per month.....do you think this would be acceptable or what do you think i should do. Many thanks for your time.

[Johnboy007]

Re: lowell financial and bryan carter solicitors-v-me

They are clutching at straws here, me thinks.
If the debt is statute barred then follow the advice given to you by Amethyst and FlamingParrot.
Good luck

[Amethyst]

Re: lowell financial and bryan carter solicitors-v-me

SB is Statute Barred and N180 is the Directions/Allocation Questionnaire you receive from the court after the defence.

[Amethyst]

Re: lowell financial and bryan carter solicitors-v-me

Thanks very much for your help. I have never made a payment in the last 6 years. Also what is SBD and formn180?
I received today a without prejudice letter. In short in an attempt to settle this matter before the hearing and in order to avoid further costs we confirm that our client is prepared to accept payment of the full balance by monthly instalments. Please insert an affordable sum in the blank space in the proposed order and sign and return to us. provided the amount is reasonable we will sign the order and send it to the court to be sealed. We look forward to hearing from you and hope we can settle this without a court hearing. If we do not hear from you we will apply to court to strike out your defence at hearing which if successful may result in further costs being payable by you.
attached to this letter i have a consent order that i have to fill in a amount i can afford to pay each month. Which i could pay £50.00 per month.....do you think this would be acceptable or what do you think i should do. Many thanks for your time.

Okay.

Do you owe the debt?

As it stands you didn't know what it was for but think it might be a credit card from Lloyds which you haven't acknowledged for over 6 years?

Have you sent a CCA request to Lowell ?

If you do not know what the debt is you can't possibly be agreeing to pay it, unless you really want to avoid having to defend the court action.

You will need to apply to amend your defence though as it isn't sufficient as it stands. This will carry a cost of £50 at least, possibly £155.