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

[Amethyst]

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

Also Am I right thinking theres been no response to the cca request as yet?

[Dodgyknee]

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

Yes that's right no reply to the CCA request but their 12 days does not run out until Sunday 28th.

[Dodgyknee]

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

Still no reply to our CCA request from Lowell and our defence has to be in by Monday. So it looks like next step is to prepare a version of the example defence provided by Amethyst. Would it be possible for me to post a draft on here later for a quick check over?

Also what about asking the court to order for disclosure (I know there is a fee for this) or is non supply of information good enough at this point? Sorry, just getting a bit nervous now at this late stage of things.

[Amethyst]

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

The application for disclosure does seem to bring a more final end to the claim if you can get sanctions ordered for non compliance, but I have been steering clear of them a little in small claims because the attitude of the courts varies so much and some judges have awarded (small) costs against the applicant (encouraged by the claimant no doubt). Gettingthereslowly had a hearing yesterday for application and came away with an order that the claimant supply the documents within 14 days, but no sanction for if they don't, so will have to be an application to strike out the claim if they fail. The CCA request isn't covered in the disclosure (as its quite specific requirements under the CCA) - the CPR just gets disclosure of the credit agreement.

You have a defence on the non compliance with the CCA request and I am rather inclined in these cases just to plead that in defence with a 'reserve right to amend should claimant comply with cca request and claimant to pay costs' type bit at the end of the defence.

And yes of course post up a draft and we'll help you xxxx ( feel free to drop a pm to me or FP if no one gets back on your thread after a few hours )

[Dodgyknee]

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

Here is a draft of my sons defence: any views/guidance gratefully received. He wants to post this tomorrow (3 Friday October) as his 28 days expires on Monday (6 October).
__________________________________________________ _____________________________
1: I received the claim XXXXXXXX from the Northampton County Court on 03 September 2014

2: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.

3: It is admitted that the Defendant has previously entered into agreements and also joint agreements with HFC Bank Ltd for provision of credit.

4: However, the Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from HFC Bank Ltd to Lowell Portfolio I on 23 October 2013. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HFC Bank Ltd served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 16 September 2014 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement, Notice of Assignment, Default Notice and Statement of Account.

9. On the 19 September 2014 I received a response to my 16 September letter from Bryan Carter Solicitors saying that it is the original creditors’ policy to issue agreements at the date of the contract and statements throughout the duration of the agreement and, in this regard, asking me to refer to my own records.

10. On the 22 September 2014 2014 I sent a second request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I also said I am unable to lodge my defence at the moment as I have no information regarding the debt.

11. Bryan Carter Solicitors has not sent any of these documents to me.

12. On the 16 September 2014 I sent a formal request for a copy of the original agreement to Lowell Portfolio I pursuant to sections 77 -79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

14: I have asked the Claimant’s solicitors if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

15. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16. At this stage without documentation I am unable to plead fully to the claim. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.
__________________________________________________ __________________________________________________ ______
Cheers all

[Amethyst]

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

That's blooming perfect well done.

Possibly amend 3

3: It is admitted that the Defendant has previously entered into various agreements with HFC Bank Ltd for provision of credit.

but not imperative, just reads a bit oddly.

You should be fine submitting it via Moneyclaimonline.

[Dodgyknee]

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

Hi again, I would like a little bit more advice please.

This is the current state of play.

• My son submitted his defence online at MCOL on 03/10/2014 at 13:06:26
• His defence was received on 03/10/2014 at 14:00:36 and this acknowledgement was followed up by letter [Attached File: HM Courts receipt of defence (redacted).pdf]
• He received a letter from Bryan Carter dated 14 October formally confirming their intention to proceed. [Attached File: Bryan Carter saying intend to proceed (redacted).pdf]. This also said that before notifying the court they were prepared to enter into negotiations.

We have ignored this request on the basis that they still have not sent any documents. We have heard nothing since. We note from the court acknowledgement that the claimant has 28 days in which to proceed. Can we take the date of Bryan Carters letter as the possible latest date they received a copy of our defence? If so then 28 days would appear to have elapsed.

Any opinions on what would be our next best course of action?

[Amethyst]

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

First step is to give the court a call and ask them the current status of the claim. It should be stayed if they are beyond their 28 days and have not contacted the court, as they said they were going to do ' shortly' after 14th October.

If stayed then you could write to the court asking them to strike the claim out.

[Dodgyknee]

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

Hi all,

I thought I'd give you an update.

My son rang the court on 13 November and asked what the status of the claim was. He was told that the application was suspended (stayed) as the date for which the claimant had to respond to his defence had passed. This due date was the 6 November as the court gives them 33 days from receipt of claim. However he was also told that there was a possibility that this might be a slightly false situation as they (the Court) were dealing with a backlog of cases and were only up to 31 October. In other words whilst their system had tagged the case as stayed the claimants response might be within the backlog and would still be treated as being within the required time scale. My son was advised to ring back at a later date.

He has just rung today (24 November) and the court informed him that the case was still showing as stayed and also that their working status was now up to 13 November.

So it appears that this case has run its course and if Bryan Carter wants to continue they would have to apply to a judge for the stay to be lifted. This incurs an additional fee – not sure how much that is or what the likelihood of them following this course of action.

Has anyone else been in this position? If so what is opinion on what to do now. What difference does it make in leaving this as stayed or applying for it to be struck off?

Thanks in advance.

[Dodgyknee]

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

This has raised its head again. Yesterday my son received the attached letter from Lowell Solicitors giving notice of a change of acting solicitors. You will see that the lasts contact he had was with the court on 24 November 2014 saying the case was stayed.

Not too sure how we should proceed now. Any and all advice gratefully accepted.

[MIKE770]

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

await any further info from them, case stayed then they would need to apply to lift the stay and a( dam good excuse no doubt)
[MENTION=1937]nemisis[/MENTION]45 will be along I am sure to advise if anything.

[Dodgyknee]

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

Did you mean nemesis45 ?

[MIKE770]

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

the [MENTION=1937]nemisis[/MENTION]45 alerts him to your thread, okay!

[Dodgyknee]

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

Great, thank you very much.