Lowell/bryan carter solicitors/court claim form

[osophi]

Hi all,

i have received a court claim form (N1CPC) from COUNTY COURT requesting me to complete this. This is related to a defaulted debt that that is over 6yrs old, that has since been removed from my credit file. I have not been in contact in writing with them or the original creditors during the last 6yrs and have not arranged to pay to paid anything in the last 6yrs.


I have completed the forms (N1CPC) from the court intending to contest jurisdiction and disputing the full amount claimed. I have not defenden part or all of the claim. Which means that i did not complete the admissions (specified amount) section offering payments. I have quoted statue barred as my defence on the court forms. This is signed and ready to be sent to the courts.

Have i left anything out? Please advise if i need to do anything else before i send it.

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Hi Welcome to LB.
To start send a CCA Request to Lowell for the agreement (£1 statutory fee to pay) and Lowell has 12 + 2 working days to comply there is
a template in the forum library.
Then CPR31 14 request to Carter for the documents mentioned in the Particulars of claim. (no fee)

Some history of the debt will help to get you the correct advice.

You could if you are absolutely certain that the debt is SB try to cut Lowell off now.

The Limitations Act 1980 section 5: No action should be started ( on simple contracts) once six years have elapsed since the cause of action. So if we take the default date as the COA this appears to be SB on two counts.

A letter to Bryan Carter, Suggesting that he informs his client that it would be wise to discontinue the claim at it is out of time on two counts i.e. that no payment or acknowledgment has been made in 6 years, and the claim is out of time as six years have elapsed since the cause of action and in the interest of saving both court time and cost it makes sense to withdraw the claim.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi and thank you.

It is a credit card debt, and payments defaulted when i could not keep up payments. It was on my file for 6yrs and i have checked it today it is definately not on there. So does that mean i send a letter to Carters as mentioned above and leave Lowell out? If so where do i get a template or will the wording below suffice? What do i do with the claim form from the courts? Have i ticked the correct boxes on the form?

ACKNOWLEDGEMENT OF SERVICE

I intend to contest jurisdiction
I dispute the full amount claimed as shown on the claim form
No to "do you dispute this claim becuase you have already paid it"

and quoted some the words above the defence box.

Bryan Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey, KT13 0YP





I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No: XXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would like to 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.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement 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.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to hearing from you.


Yours faithfully


NAME

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Hi and thank you.

It is a credit card debt, and payments defaulted when i could not keep up payments. It was on my file for 6yrs and i have checked it today it is definately not on there. So does that mean i send a letter to Carters as mentioned above and leave Lowell out? If so where do i get a template or will the wording below suffice? What do i do with the claim form from the courts? Have i ticked the correct boxes on the form?

ACKNOWLEDGEMENT OF SERVICE

I intend to contest jurisdiction
I dispute the full amount claimed as shown on the claim form
No to "do you dispute this claim becuase you have already paid it"

and quoted some the words above the defence box.

Bryan Carter Solicitors LLP
11 De Havilland Drive
Weybridge
Surrey, KT13 0YP





I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No: XXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would like to 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.”

I would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement 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.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to hearing from you.


Yours faithfully


NAME

Why are you contesting jurisdiction? No need unless you’re in another country.

Personally I wouldn’t bother writing to Carter. It’s 100% pointless. Just defend it as SB.

But make absolutely sure it IS statute barred. Do some research – double, treble check when the last payment or acknowledgment was. The default falling off your credit file does NOT necessarily mean there has been no payment since it was defaulted.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi,

Many thanks for your response. Clearly i need more understanding before i send this form. Which boxes should i be ticking on the form if it SB? Also i thought you advised to write to Carters, no? To make sure it is IS would require historic credit file report which i don't have, and the current does not hold the information. I am 100% sure that i have not made any acknowledgement in writing in the last 6yrs, but i cannot be 100% sure about the payment. How can i find this out for sure please?

The issue date on the papers is 29 January 2015. Does that mean i have to respond to the court by 17 February (14+5 days) or by 3 March 2015 (28+5 days) from the date of issue.

[Redrach99]

Re: Lowell/bryan carter solicitors/court claim form

HI sorry to jump on your thread but ive had exactly the same just yesterday and got myself in an absolute tiz , I have not paid , acknowledged this for 7 years. Ive checked my credit file its not on it at all , do I respond to the claim online as SB or write to Lowell or Bryan carter asking for the cca ... I really am lost with all of this please can I have some simplified help thank you x

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Hello Osophi,
The account not showing on credit reference files indicates that the default was place more than six years ago.
Who is the original creditor?
Has any other debt collection company ever contacted you in regard to this debt?


For clarity, the default may have been registered up to 6 months after the last payment was made.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem,

I believe it was MNBA but i am not 100% (documents stating original company name as Compucredit),hope this makes sense. Yes Fredrickson International. They may be others but i am not sure either.

Where do i go from here? I am getting really anxious now because of time. Are my timings correct?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Yes fine.

Would you have paid any of the previous DCA's or made CCA request at any time?
nem

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Compucredit is most likely relating to a Monument credit card taken out some time ago. (They also traded as Circuit Financial before buying out Monument.) Does this ring any bells?

If your defence is SB, and you’re not actually even sure who the account was with, you could end up looking a bit silly! It might help if you post up the actual particulars of claim.

Just another general thing or two to bear in mind regarding the placing of defaults on a credit file. If your account is defaulted, and you fail to meet the requirements of the default notice (ie. pay the amount requested in the time requested to bring the account up to date), then the creditor is entitled to register that default with the credit reference agencies. As nemesis says, this should normally happen within six months of the actual failure to rectify the breach.

But a default can only be registered ONCE on an account. If you made any token payments after this, even if you got up to date, the breach would not have been remedied, and would remain on your record – so don’t always take the recorded default date as a measure of anything when you’re guessing if an account is SB (hence nemesis’s query regarding payments to DCAs). Always check your payment records or statements to find out what really took place, or see if any payments are recorded in the last six years on your credit file.

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Another quick point to note. Sorry, brain’s a mush this morning.

If this is a credit card debt under CCA, you should have been receiving (by law) annual statements of the account. Has this happened?

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi,

thank you Don and Nem. Yes Monument rings a very loud bell. If it is monument, then i have not received annual statement or paid them anything for a very long time.

The Claim Particulars are as follows:


THE CLAIMANTS CLAIM IS FOR THE SUM OF XXXX, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMAINT UNDER THE AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND
Compucredit
UNDER ACCOUNT REFERENCE
XXXXX
AND ASSIGNED TO THE CLAIMANT ON 24/12/2007, 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 COMPILED WITH.

AND THE CLAIMANT CLAIMS XXX

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUAT TO S.69 OF THE COUNTY ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 70.45


Please let me know if you need anymore information to advise. Should i be doing something with the claim form to buy sometime?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Interesting this was assigned to the claimant 24/12/2007 if this is correct then the default would have been placed some time prior to that date.

Therefore any CC Claim made after (for convenience ) 24/12/2013 is out of time.

The Limitations Act 1980 section 5. No action should be started (simple contracts) when 6 years have elapsed since the cause of action.

Check that assignment date please there is a chance we can stop this dead in its tracks.

nem

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Assigned to them in December 2007? Over seven years ago! Barclays sold Monument to Compucredit in April 2007.

If it was Monument, is there any chance that you had any contact at all with anyone other than Monument? Or made any payments? It’s a long time ago. Lowell have had it all this time. Have you moved home since, say, 2008? And absolutely no correspondence from Lowells, or annual statements, or a letter before action?

This should be easy to kick into touch...

DonQui.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Don,

I have not moved since 2002 and I have not had any contact at all with anyone other than Monument. I received statements in early days from Monument before the account defaulted but did not respond when it did, and I have received correspondence from Lowell/Fredrickson international/Carters but I have never responded to letters/texts/phone calls from any debt companies or solicitors acting on their behalf.