Bryan carter / Lowell group CCJ court papers received.

**Kadafi** · 3rd October 2014, 11:02:AM

Re: Bryan carter / Lowell group CCJ court papers received.

Anyone?

**Amethyst** · 3rd October 2014, 11:09:AM

Re: Bryan carter / Lowell group CCJ court papers received.

Hi Kadafi

You sound like you have everything under control here and seem to have done all the right things to date. You don't say what the original debt was, it would be helpful to know that going forward.

There's really nothing for you to do now except wait for the court or claimants to get in touch. If Lowell/BC don't respond within the 28 days then the case will be stayed (put on hold) and you may be able to apply to have it struck out as an abuse of process.

Best

Sharon
xx

**Kadafi** · 3rd October 2014, 15:03:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks amethyst

one of the other threads on this forum helped me a lot, so far I've followed the process of that person. I'm not 100% sure what the original debt was for! I think either a credit card or loan but BC have not given me that info.

What would make a difference between a loan debt or a credit card?

I will keep you informed if I hear anything else from BC or the court

thank you

**Amethyst** · 3rd October 2014, 15:08:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Not hugely, it would matter if it were a mobile contract or current account overdraft as the CCA doesn't apply to those, but loan or CC is fine - loan is s.77 of the CCA and credit card is s.78 of the CCA.

**Kadafi** · 9th October 2014, 17:52:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Ok 2 quick question as I'm still waiting to hear if bryan carter will continue.

1.) it seems time and time again I read of people sending cpr request to creditors and CCA but receive nothing and it's noted in there defence, however creditors still decide to continue like they are not treating these requests seriously? Do non responses to these requests really hold much water in court?

2.) my letter from the court states BC have 28 days to decide weather they want to proceed once they have received a copy of my defence. How do I know when they have received my defence? so knowing what day the 28 days start from. I've recently read someone saying they heard back nearly 2 months later that the creditor wishes to proceed.

**Amethyst** · 9th October 2014, 17:59:PM

Re: Bryan carter / Lowell group CCJ court papers received.

The CPR doesn't massively in small claims (under £10k) but the CCA does, certainly, they cannot get judgment unless they comply with the CCA request fully and the agreement is compliant.

If you read to the end of the threads that have concluded, you'll see not very many CCJ's being awarded, mostly its withdrawn or stuck out due to lack of documents.

I wouldn't worry too much on the 28 days, they get a bit of leaway, but in a months time if you haven't heard anything give the court a call and see if they have. The court SHOULD put the case on stay/hold if they pass their 28 days, and then the claimants SHOULD have to apply to lift the stay, but in reality it doesn't usually go like that. If they are late ( more than a couple weeks) then you can write to the court asking them to strike out the claimants claim.

If they have replied then you should receive a directions questionnaire from the court

Really it is a case of play it by ear, and hold your nerve a bit.xxxx

**Kadafi** · 14th October 2014, 17:54:PM

Re: Bryan carter / Lowell group CCJ court papers received.

I've received a couple of letters from bryan carter today basically making me a settlement offer. How do I upload files so I can show the letters I've received?

than,s

**Kafka** · 14th October 2014, 17:59:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Scan the letters but redact the personal details.

In reply Go Advanced and that lets you upload documents.

**Kadafi** · 14th October 2014, 19:07:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Uploaded thanks

Attached Files

**MIKE770** · 14th October 2014, 19:11:PM

Re: Bryan carter / Lowell group CCJ court papers received.

usual letters at this stage it seems, ignore I would say, also see other threads at this stage = seems to be last ditch to get you to pay up before they decide if they discontinue or go on??

see what others suggest, meantime sit tight!

**Kadafi** · 14th October 2014, 19:33:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Thanks a lot, so if I just ignore the letters and there deadline. The next I would hear is, if they are continuing to a court hearing or withdrawing?

**MIKE770** · 14th October 2014, 20:52:PM

Re: Bryan carter / Lowell group CCJ court papers received.

usually next step

**Kadafi** · 25th October 2014, 14:46:PM

Re: Bryan carter / Lowell group CCJ court papers received.

My letter from the court giving the claimant 28 days to reply if they wish to proceed, was dated 29th September. 28 days will be on Monday, should I give the court a call on Tuesday or Wednesday to see if they have had a response? And if they have not had a response will they be able to tell me a date of which I can apply for the case to be struck out? Thanks

**Apollo1966** · 25th October 2014, 15:13:PM

Re: Bryan carter / Lowell group CCJ court papers received.

Kadafi, Do not reply to letters unless they have are hand delivered or recorded delivery. Go to the court and as state that as they have not complied you do not want an extension.... you want it dismissed as they have been non complaint with the court orders

It may cost you a small sum but it is worth it. If you are unemployed then ask for a form that will cover the costs. When you fill the form in state you request the claimant to pay costs as they have not complied to directions.
Apollo1966.

Bryan carter / Lowell group CCJ court papers received.