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Received a claim? Yes
Issue Date: 17-9-2014
Amount approx: 900
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: HFC Bank
Particulars of Claim:
The claimants claim is for the sum of £750 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant HFC Bank Ltd under account ref xxxxx and assigned to the claimant on 01/09/2006 notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
Stat Barred? Yes
Have sent: Acknowledged the Claim, Sent a CPR 31.14 request
Other Info:
Hi,
I've received a claim form on the 19th from the court and wondered if anyone could clear up a few details if possible.
Bryan Carter solicitors are acting on behalf of Lowell Portfolio Ltd and they chasing an old debt I had with HFC bank which was assigned to Lowell in 2006 (according to the court claim form).
I'm 99% sure this debt is Statute barred and these "people" are chancing it.
I've been reading around for a few hours and so far I've logged into moneyclaim.gov.uk and I confirmed "intention to defend all of this claim".
I've also borrowed a couple of letters (thanks to the people who put their time and effort into it
).
My questions are:
1. Will I receive confirmation from the court that I have 30 days from the issue date (17th sept) to enter a defence online.
2. Is it worth submitting a SAR request to HFC Bank along with the 2 letters below just to remove the 1% doubt about it being statute barred?
3. Am I doing it right?
4. What should I expect next?
Thanks.
The first is this letter which I sent recorded delivery on the 22nd sept to both Lowell and Bryan Carter.
The second letter is this one which is a bit longer (sorry!)
Issue Date: 17-9-2014
Amount approx: 900
Claimant: Lowell
Solicitor: Bryan Carter
Original Credit: HFC Bank
Particulars of Claim:
The claimants claim is for the sum of £750 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant HFC Bank Ltd under account ref xxxxx and assigned to the claimant on 01/09/2006 notice of which has been given to the defendant.
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
Stat Barred? Yes
Have sent: Acknowledged the Claim, Sent a CPR 31.14 request
Other Info:
Hi,
I've received a claim form on the 19th from the court and wondered if anyone could clear up a few details if possible.
Bryan Carter solicitors are acting on behalf of Lowell Portfolio Ltd and they chasing an old debt I had with HFC bank which was assigned to Lowell in 2006 (according to the court claim form).
I'm 99% sure this debt is Statute barred and these "people" are chancing it.
I've been reading around for a few hours and so far I've logged into moneyclaim.gov.uk and I confirmed "intention to defend all of this claim".
I've also borrowed a couple of letters (thanks to the people who put their time and effort into it
).My questions are:
1. Will I receive confirmation from the court that I have 30 days from the issue date (17th sept) to enter a defence online.
2. Is it worth submitting a SAR request to HFC Bank along with the 2 letters below just to remove the 1% doubt about it being statute barred?
3. Am I doing it right?
4. What should I expect next?
Thanks.
The first is this letter which I sent recorded delivery on the 22nd sept to both Lowell and Bryan Carter.
MY ADDRESS
Bryan Carter Solicitors
11 De Havilland Drive
Weybridge Surrey
KT13 0YP
By Recorded Delivery
Date ??/09/2014
I do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc No 0000000 Ref:000000
You have contacted me regarding the account with the above reference number, which you claim is owed by me. I do not acknowledge any debt to you or any other company or organisation that you claim to be representing
I would point out that under the Limitation Act 1980 Section 5
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall defend this action in court citing Section 5 as part of my defence.
The Regulatory Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
Yours sincerely,
MY NAME TYPED
Bryan Carter Solicitors
11 De Havilland Drive
Weybridge Surrey
KT13 0YP
By Recorded Delivery
Date ??/09/2014
I do not acknowledge any debt to you or any other company or organisation that you claim to be representing
Dear Sir/Madam
Acc No 0000000 Ref:000000
You have contacted me regarding the account with the above reference number, which you claim is owed by me. I do not acknowledge any debt to you or any other company or organisation that you claim to be representing
I would point out that under the Limitation Act 1980 Section 5
“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.
Unless you can provide evidence of payment by myself or written acknowledgement of the debt from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed, and should you try to proceed with court action I must inform you that I shall defend this action in court citing Section 5 as part of my defence.
The Regulatory Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I will also use this as a defence.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
Yours sincerely,
MY NAME TYPED
MY ADDRESS
Bryan Carter Solicitors
11 De Havilland Drive
Weybridge Surrey
KT13 0YP
By Recorded Delivery
Date ??/09/2014
REQUEST FOR INFORMATION IN RESPECT OF YOUR COUNTY COURT CLAIM NUMBER XXXXXXXXX
In respect of your account number XXXXXXX and ref: XXXXXX
]I have received a recent court claim from your organisation. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules 31.14, the information and documents detailed below.
The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC Bank Ltd.
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.
3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.
For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.
Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).
4. Any other documents you seek to rely on in court.
I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.
Yours sincerely,
MY NAME TYPED
Bryan Carter Solicitors
11 De Havilland Drive
Weybridge Surrey
KT13 0YP
By Recorded Delivery
Date ??/09/2014
REQUEST FOR INFORMATION IN RESPECT OF YOUR COUNTY COURT CLAIM NUMBER XXXXXXXXX
In respect of your account number XXXXXXX and ref: XXXXXX
]I have received a recent court claim from your organisation. In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules 31.14, the information and documents detailed below.
The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.
1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HFC Bank Ltd.
c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
i. Copies of statements for the entire duration of the credit agreement.
3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.
For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.
Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).
4. Any other documents you seek to rely on in court.
I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.
Yours sincerely,
MY NAME TYPED
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