**DISCONTINUED**Lowells / Bryan Carter old Coop credit card

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Okay, so I have now received 2 letters from Bryan Carter (on the same day). The first one confirms that Lowell wishes to proceed and that notification will be sent to the court, but first Lowell would like to settle the matter out of court so could I please contact Bryan Carter's office.


The second letter titled "Without Prejudice to save costs" states that Lowell are prepared to accept a reduced lump sum payment to be paid within 21 days of the date of the Court Order and that this remains open until 4pm on 3 November 2014. It then asks me to accept this offer by filling out the enclosed Tomlinson Order and the Confidential Memorandum FFS Agreement.


So what should I do now please?

Perfect Not many people do !

Well your defence goes in, it gets sent to the Claimant and you get a letter from the court telling you this. The Claimant then gets 28 days to respond and tell the court if they wish to continue (so you get another letter then). Then you get a directions questionnaire (N180/N181) which is basic case management - moves the claim to your local court and any directions needed, then a month or so later you might get a hearing date.

It really depends on what Lowell/BC decide to do with the case, but quite often (far too often) they try push it to the court steps before ditching it. Just keep your thread updated every letter you get and we'll be here to help suss out what the next step is. xxxx

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Anyone?

[MIKE770]

Re: Lowells / Bryan Carter old Coop credit card

2 usual letters, sit tight somebody will be along I would treat as begging letters before they decide if they will continue???


read other threads at this stage and beyond you will get the picture??

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

Okay, so I have now received 2 letters from Bryan Carter (on the same day). The first one confirms that Lowell wishes to proceed and that notification will be sent to the court, but first Lowell would like to settle the matter out of court so could I please contact Bryan Carter's office.


The second letter titled "Without Prejudice to save costs" states that Lowell are prepared to accept a reduced lump sum payment to be paid within 21 days of the date of the Court Order and that this remains open until 4pm on 3 November 2014. It then asks me to accept this offer by filling out the enclosed Tomlinson Order and the Confidential Memorandum FFS Agreement.


So what should I do now please?

Unless you have received copies of the credit agreement and further evidence that your debt is not statute barred then I would file them under I for ignore.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Okay, so I have received the N149A - notice of proposed allocation to Small Claims Track, asking me to complete the Small Claims Directions Questionnaire - form N180 to be returned by 24th November.

What is the best way to proceed please?

Perfect Not many people do !

Well your defence goes in, it gets sent to the Claimant and you get a letter from the court telling you this. The Claimant then gets 28 days to respond and tell the court if they wish to continue (so you get another letter then). Then you get a directions questionnaire (N180/N181) which is basic case management - moves the claim to your local court and any directions needed, then a month or so later you might get a hearing date.

It really depends on what Lowell/BC decide to do with the case, but quite often (far too often) they try push it to the court steps before ditching it. Just keep your thread updated every letter you get and we'll be here to help suss out what the next step is. xxxx

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Okay, so I have received the N149A - notice of proposed allocation to Small Claims Track, asking me to complete the Small Claims Directions Questionnaire - form N180 to be returned by 24th November.

What is the best way to proceed please?

Sorry to be a pain, but could someone give me a helping hand?

[FlamingParrot]

Re: Lowells / Bryan Carter old Coop credit card

Okay, so I have received the N149A - notice of proposed allocation to Small Claims Track, asking me to complete the Small Claims Directions Questionnaire - form N180 to be returned by 24th November.

What is the best way to proceed please?

Sorry to be a pain, but could someone give me a helping hand?

It's all pretty much routine, claims below £10k are allocated to small claims. You need to complete the N180 and return it as indicated.

If you are not interested in settling this claim (it's meant to be SBd, isn't it?) then you can tick 'No' where it asks whether you agree to be referred to the mediation service. In box D1 you should enter the county court that's nearest or most convenient for you to attend. You won't be asking the court for permission to use an expert, nor will you be calling any witnesses (other than yourself).

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

There's a little bit of guidance on the N180 http://www.legalbeagles.info/forums/...l-Claims-Track

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Okay, I have sent the N180 back to Court. I have also received a copy of Lowell's N180 - from Bryan Carter. Presumably they are intent on pursuing the debt - which I can't believe. So do I just sit tight and wait for a court date now?

[FlamingParrot]

Re: Lowells / Bryan Carter old Coop credit card

Okay, I have sent the N180 back to Court. I have also received a copy of Lowell's N180 - from Bryan Carter. Presumably they are intent on pursuing the debt - which I can't believe. So do I just sit tight and wait for a court date now?

Yes, the court will send directions to both parties in due course.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Ok, so I have received further details - the hearing of the claim will take place at10.00am on 13 March at Leeds County Court.

This is what the letter says:

A hearing fee of £170 is payable by 21 January by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list. The court must be informed immediately if the case is settled by agreement before the hearing date.

Please could somebody help me, I never thought I would end up in court!

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

Have you had anything from the claimants at all since their N180 ?

Your defence is that the debt is statute barred and you have sent a cca request and had no copy of your credit agreement sent to you I believe ?

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Have you had anything from the claimants at all since their N180 ?

Your defence is that the debt is statute barred and you have sent a cca request and had no copy of your credit agreement sent to you I believe ?

I haven't heard anything from the claimants since the N180, my defence us statute barred. I did receive a CCA.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

So what should I do next, I am totally out of my depth with all this

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

It is just a case of waiting for the hearing date now.

On the documents giving you the hearing is their a part about submitting any documents you intend to rely on / witness statements to court 14 days before ?

Are you still convinced on the statute barred issue ?

This was the defence I believe

The defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. If the Claimant disagrees he is put to strict proof.

Additionally, the defendant has sent a formal request to the Claimant pursuant to s.78 of the Consumer Credit Act 1974. The Claimant has been unable to produce a copy of any original agreement, or terms, or a statement of any account, and therefore is not entitled to enforce any debt as per s. 78(6) Consumer Credit Act 1974.

The claim that the Claimant's are entitled to payment of the sum as claimed or relief of any kind is denied.

Can you post up the CCA you received ( when did you receive it I can't see it mentioned on the thread )