County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC)

[Dodgyknee]

Hi everyone,

I have been looking at this site, this is my first post and need some help so I wondered if it was appropriate to post about a County Court Claim that my son received from Bryan Carter Solicitors regarding a claim from Lowell Portfolio I.

The claim relates to an old HFC Bank loan from 2007. At that time he was living with his then girlfriend. Long story short is that they acrimoniously split and he was left with all the debt (mortgage, loans, bills etc.) as she declared herself bankrupt pretty much straight away. To his credit he has worked hard to pay his way out of the debts. He thought he had cleared all of them and then this one has appeared. He isn’t sure what this is for as although he knew they took out some joint loans to pay off some debts he cannot remember all the details.

He no longer lives with me – he has moved on and since married someone else – but some of his post comes here and we pass it on. So it is possible that he may have had other letters before this. However he has received this claim: [Attached file: County Court Claim Form Front Page (redacted).jpg].

After reading this and other forum, I told him to do three things:

1. Acknowledge the claim on MCOL – which he did on line and said he was defending all of the claim.

2. Send a CCA request to the claimant (Lowell Portfolio I) – which he sent recorded delivery with a £1 Postal Order [Attached file: CCA request to the Lowell Portfolio I (redacted).pdf]

3. Send a CPR request to the claimant's solicitors (Bryan Carter Solicitors) – which he also sent recorded delivery [Attached file: CPR31.14 to Bryan Carter (redacted).pdf]

We want to check that this is a valid claim and that he is due for this debt and so wanted some encouragement that we have followed the right course of action. Of course if it is not valid for any reason then that will form his defence.

Also if it is proved that he owes the debt what options might he have in settling before a CCJ is awarded – he would like to avoid that if possible.

Thanks in advance.

[FlamingParrot]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Hi everyone,

I have been looking at this site, this is my first post and need some help so I wondered if it was appropriate to post about a County Court Claim that my son received from Bryan Carter Solicitors regarding a claim from Lowell Portfolio I.

Hi and welcome

Of course it is appropriate, to post about a claim from the Lowlifes.

The claim relates to an old HFC Bank loan from 2007.

Any idea when in 2007? Before or after April 2007? That could be important.

At that time he was living with his then girlfriend. Long story short is that they acrimoniously split and he was left with all the debt (mortgage, loans, bills etc.) as she declared herself bankrupt pretty much straight away. To his credit he has worked hard to pay his way out of the debts. He thought he had cleared all of them and then this one has appeared. He isn’t sure what this is for as although he knew they took out some joint loans to pay off some debts he cannot remember all the details.

What a ! :mad2:

Unfortunately if one of the joint debtors is BR, the other joint debtor is liable for the full amount.

[FlamingParrot]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

He no longer lives with me – he has moved on and since married someone else – but some of his post comes here and we pass it on. So it is possible that he may have had other letters before this. However he has received this claim: [Attached file: County Court Claim Form Front Page (redacted).jpg].

After reading this and other forum, I told him to do three things:

1. Acknowledge the claim on MCOL – which he did on line and said he was defending all of the claim.

2. Send a CCA request to the claimant (Lowell Portfolio I) – which he sent recorded delivery with a £1 Postal Order [Attached file: CCA request to the Lowell Portfolio I (redacted).pdf]

3. Send a CPR request to the claimant's solicitors (Bryan Carter Solicitors) – which he also sent recorded delivery [Attached file: CPR31.14 to Bryan Carter (redacted).pdf]

We want to check that this is a valid claim

Looking at the attachment, the claim is valid, whether they can produce the relevant documentation is another matter. Any idea when he last made a payment? It could be statute barred if it was more than 6 years ago. ray:

and that he is due for this debt and so wanted some encouragement that we have followed the right course of action. Of course if it is not valid for any reason then that will form his defence.

You HAVE followed the right course of action. :thumb: Going by hundreds of other Lowell/BC threads on here, I'd say the chances of BC any documents being produced are virtually nil, they never send them, but you still have to follow the process.

Also if it is proved that he owes the debt what options might he have in settling before a CCJ is awarded – he would like to avoid that if possible.

Thanks in advance.

A Tomlin Order would be one way to avoid a CCJ by staying the proceedings as long as the terms of the Order are complied with. However, it may not come to that, even if he owes the money. As a starting point, it would be useful to know when the last payment was made, if over six years ago, then it would be SBd and that's an absolute defence. :grin:

[Amethyst]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Nice work so far Welcome to LB xx

So he's not sure what the debt is - could be a loan as it doesn't sound like a credit card number. You have done exactly the right things with the cca request and cpr request letters so hopefully one of the responses will give a bit more information.

Has he checked his credit file to see if anything is still showing on there? Noddle is a free online service that is virtually instant so he should be able to see it, Lowell often 'amend' the date of default showing on the credit file.

When did he split with the girlfriend ? Could be this one fell through the cracks of her bankruptcy and him sorting out the mess left behind.

[Amethyst]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Oopsy sorry FP, crossed posts, that'll teach me to stop writing half way through a post to watch a ''funny'' video of a man shovelling sand ( enforced viewing by Jules I might add!)

[Dodgyknee]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Thanks FlamingParrot and Amethyst, it is really great to receive such support and encouragement.

Some answers to your questions:
It is loan not a credit card with HFC Bank (trading as Beneficial Finance) and I believe was taken out in the latter part of 2007, probably about November.

I understand that if one of the joint debtors is Bankrupt the other is liable, which is why when their old home was repossessed he solely cleared the mortgage with a full and final settlement as well as utility bills etc.

I am not sure when the last payment was made but I think they split in the summer of 2008 and I believe they paid some token amounts after that. I am guessing that it might be close to the six years.

OK I understand claim is valid – sorry I probably used the wrong terminology – yes we want to see whether they can produce the relevant documentation and if they have followed correct procedure etc. Sorry but this is a dark and mysterious world to me, I know fairness doesn’t come into it and I know he was as much at fault for getting to where they got but I just think it stinks that he was left with it all. Sorry, my protective Dad rant is over.

He has checked his credit file on both Noddle and Experian and also his bank went through their version of it with him. It does not appear on any of them.

Thanks again both

[cmercer80]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

your son sounds in exactly the same position as me apart from mine is showing from 2006 and i know i had taken nothing out with the Co-Op from that date

I am awaiting feedback on what my next course of action is as i have followed the same route as you son by sending off CCR request & CPR letter - i had letters back from both Bryan Carter & Lowell saying they wont be sending me the documentation & to carry on with the court proceedings

So i think i can defend on these counts plus the fact if its from 2006 its statute barred anyway but not sure how to word that in a defence so would be interesting to know what you are advised to do too as i think it will be the same for me

[Kafka]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

cmercer

You need to start your own thread for this to get advice, rather than muddling it with someone else's. Thanks.

[Dodgyknee]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Hi all,

My son has now received the following letter from Bryan Carter [Attached file: Bryan Carter Letter saying CPR 31 does not apply (redacted).pdf]. On browsing similar other threads I am guessing that this is their standard response to this type of request, and therefore we almost expected it. It does however seem scary when a solicitor quotes CPR, Court Practice etc. but I presume this is all part and parcel of their attempt at bullying people into submission.

I am proposing that he sends the following letter [Attached file: Response to Bryan Carter regarding them saying CPR31 does not apply (redacted).pdf] a version of which I have found on this site. I am looking for some guidance that this might be our best course of action. I would welcome any views please as well as an understanding of what might happen next.

Also I wanted to double check that I have our time line correct:
Issue Date: Wednesday 03 September 2014
Day of Service = Issue Date +5 days = Monday 08 September 2014
Response due: Day of Service +14 days =Monday 22 September 2014 (Actual Responded/Acknowledged date: Sunday 14September 2014)
Defence due by: Day of Service +28 days =Monday 06 October 2014

Although I guess it would be prudent to get defence in at latest by Friday 03 September 2014.

Again any help and encouragement warmly welcomed.

[Kafka]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

You seem to have touched all the bases there. Just checking that you have also sent CCA request to Lowell?

BC only send template letters and never comply with CPR requests. If you look at the section for BC in received a Court Claim there are lots of parallel claims to look through.

[Kafka]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

I don't think you've said when in 2007 this was taken out have you? The POC doesn't give that either. This is important because the CCA changed in April 2007.

[Dodgyknee]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

I don't think you've said when in 2007 this was taken out have you? The POC doesn't give that either. This is important because the CCA changed in April 2007.

Thank you, earlier I mentioned that I believe that it was in the latter part of 2007, probably about November but definitely after April. And yes the CCA request was sent to Lowell by first class signed for and I have seen on Royal Mail website that it was delivered and signed for.

[Kafka]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

This sounds as if you can't say its statute barred and even failing to provide a valid agreement probably won't help. We'll have to see what they supply and look at it then. If there aren't strong grounds to fight it then seeking a Tomlin Order might be your best bet sadly.

[Dodgyknee]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Hi everyone,

Apologies in advance but we are asking for some more help please. We have received a second letter from Bryan Carter [Attached File: Bryan Carter 2nd Letter saying no requirement to attach documents (redacted).pdf]. This is saying very much the same as the first one, i.e. they don’t believe they have to send us anything.

I am not sure it is worth the effort on chasing again as we will probably end up being fobbed off again. We still have not had anything back from Lowell in response to our CCA request but we gave them 12 days which runs out on Sunday.

So, we are not too sure what we should do next.

I think that we ought to obviously start preparing our defence which will be along the lines of “not sure how we can provide a defence without sight of the documents we have requested to enable us to build a defence”. We will need some help when it comes to that but will look to draft something based on what I can find on this forum.

Also is it wise to ask the court to force disclosure, I have seen some things on here about that but not too sure on the order of events? I believe there is a fee for this so not sure what that pays for. Also my son is getting a bit concerned when it comes to talk of court papers, hearings, mediation etc. When solicitors start quoting Court Protocol and Practice Direction it does make us both nervous.

Any guidance and encouragement would be gratefully accepted.

[Amethyst]

Re: County Court Claim from Bryan Carter regarding a claim from Lowell Portfolio (HFC

Really don't worry, its the usual response for small claims track, and all helps with your case going forwards. I'm on the tablet and its a pain to type so just going to give U a link to example defence to have a read through for now, http://www.legalbeagles.info/forums/...t-Court-Claims , which will, I hope, help set your minds at rest a little bit, that it not an unelected turn of events. Xxx