Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

[gettingstraight14]

Hi all,

I am new to the forum. As i have read with many of you the sharks at all the above are very quick ans sneaky at sending out these CCJ claims.

I had a CC with Captial One, £250 limit. went over because of their charges for a PPI (that I never agreed to and wasn't aware of - stupidly) this then lead to charges upon charges upon charges and after their refusal to refund any of it and me being unable to keep paying the increased sum I defaulted on the account.
It was passed to an agency quite a few years ago (cant remember who) and I did pay off almost half of the amount but then was struggling and couldn't pay the rest. Then out of the blue had a letter from Frederickksons demanding payment and a day later received a letter from Brian Carter stating they were being instructed by Lowells to deal with the matter and take it to court.

Anyway I left it, stupidly thinking they couldn't do anything as it is not an agreement I made with them, and low and behold a CCJ claim appeared through the door from Northampton. I have already actioned it, and and sent both the CPR and the CCA requests but have heard nothing from either. I now have only 7 days before I have to file my defence and I am wondering what my next step is?

Sorry for blabbering and Thank you in advance for any advice!

[Kafka]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

1) When did the account start?
2) When did you last pay anything or acknowledge the account?
3) When did you send the CCA and CPR requests, who to and what happened?

[gettingstraight14]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

Hi Kafka,

the account started in 2001 and the last payment would have been end of 2009/beginning of 2010 but not exactly sure on that.

I have sent the CCA to Lowells as they were stated on the court forms to be the creditor and I sent the CPR request to Brian Carter. As of yet I have heard zero back from them and as I have to file my defence by the 6th Oct, I'm unsure of my next move.

Thanks

[gettingstraight14]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

Oh sorry both were sent out on the 22nd of September so it's a week today. I was late actioning the case as I work away from home during the week so didnt actually see the request for over a week.
Thanks

[Kafka]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

In that case its not statute barred, so that's out as an absolute defence, but the good news is that for a 2001 account there's a good chance that they will not be able to find a valid copy of the agreement.

What are the particulars of claim on the form?

Still need to know what you asked for in the CPR request and the sending dates for CCA and CPR letters.

[gettingstraight14]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

THE CLAIMANTS CLAIM IS FOR THE SUM OF 195.58 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CAPITAL ONE UNDER ACCOUNT REF XXXXXXXXXXXXXXXX AND ASSIGNED TO THE CLAIMENT ON 30/11/2012 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.
THE CLAIM INCLUDES STATUTORY INTEREST PUSUANT TO S.69 OF THE COUNTY ACT 1983 AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 0.04) FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 1.59


For the CCA i sent this template:
Dear Sirs

Ref:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:



· a copy of their agreement
· copies of some of the other documents mentioned in their agreement
· a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:



· make the debtor pay the debt before they're supposed to
· get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and return the fee.

Yours faithfully,



And then this one for the CPR:
CPR 31.14 Request

On 08/SEP/2014 I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.
Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:



1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully
I received the papers on the 8th of Sept but they were dated the 4th, I then spent over a week reading up on what to do but not realising I needed to action the case. As a result this was done on the 22nd Sept and I sent the letters that same day.

[Kafka]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

You say you have only 7 days left to file defence - what was the date of issue for the claim?

Have you acknowledged the claim and said you would defend it?

[gettingstraight14]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

The date of issue was 04 sept 2014. Yes I have acknowledged it (22nd) and said I would defend it. Firstly because I have no record of any correspondence from any of these companies and also because these dates listed in the particulars make no sense to me as I last had correspondence in 2010 and nothing since.

Thanks for helping.

[Kafka]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

The date of issue was 4th then and 5 + 28 gives 7th Oct as date for filing defence I think.

The problem here is that you didn't take the immediate steps to put this in check and by sending the CPR request so late, the time they now have to respond goes beyond the date you have to file the defence. Normally your defence details these requests and their non compliance, but in this case the CPR request won't have been given the full time, though it can still be used.

It looks like you've done the right things now and typically BC write straight back saying they don't have to abide by the Civil Procedure Rules. Post up any developments and it looks like the main defence here will be their failure to comply with the CCA request, which does still have time to be honoured.

[gettingstraight14]

Re: Lowell/Fredericksson/Brian Carter/Northampton CC - Help needed

Thanks for your help. Thats all I really needed to know what exactly would be the defence. I stupidly didn't realise it had the time frmaes and just let days pass without doing anything. My own fault but maybe I can clear this up this way. I will update anything else I hear. Thanks again!