Lowell/bryan carter solicitors/court claim form

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

And the FCA Handbook section on statute barred debt makes clear, Conc 7.15.6:

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

It’s here:

http://fshandbook.info/FS/html/FCA/CONC/7/15

If payments were made through an agent, ie. a debt management plan, this certainly would count as regular contact.

If what you say is true, then anyone agreeing to repay a £10k debt at £1 a month after a default or debt sale could simply stop paying after six years, which is absurd.

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

On the DMP company part you want s.30

30 Formal provisions as to acknowledgments and part payments.

(1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

(2)For the purposes of section 29, any acknowledgment or payment—

(a)may be made by the agent of the person by whom it is required to be made under that section; and

(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Regular contact in regard to payment yes BUT as said this is a limitation on starting a court action it is considered and laid down in the LA 1980 in simple terms the creditor has had more than enough time to make claim i.e. 6 years after that so action can be started.
Or would you prefer that your creditors could have an open ended right to sue you say in 10 years after you default on a debt.

As said this is NOT about last payments etc.

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

@osophi

You need to follow these steps ;

2: Send A CCA REQUEST to the CLAIMANT ( see here ) This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

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.

So you have already acknowledged and sent a statute barred defence ? You may need to amend but you have time yet so get the CCA and CPR requests sent off so you have some back up to change your defence to once the creditors come back and say oi, you paid a DMP for 3 years till 2011 etc etc. Any particular reason you contested jurisdiction ?

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Regular contact in regard to payment yes BUT as said this is a limitation on starting a court action it is considered and laid down in the LA 1980 in simple terms the creditor has had more than enough time to make claim i.e. 6 years after that so action can be started.
Or would you prefer that your creditors could have an open ended right to sue you say in 10 years after you default on a debt.

As said this is NOT about last payments etc.

Can’t agree with that at all. We’ll have to agree to disagree.

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Take a look at the Act online it's easy to read section 5.

nem.

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

Nem - you need to read s.29 and 30 on the limitations act xxx s.5 isn't stand alone. http://www.legislation.gov.uk/ukpga/1980/58

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

Also B&B v Rashid - http://www.bailii.org/uk/cases/UKHL/2006/37.html

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Take a look at the Act online it's easy to read section 5.

nem.

I’ve read ALL of it! And most of the associated clarifications, like the FCA’s.

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

This is from the House of Lords case law posted by Amethyst:

44. A debtor's written acknowledgment of his debt or other liquidated pecuniary claim starts time running afresh under the Limitation Act 1980 (the 1980 Act). Such is the effect of sections 29 (5) and 30. In what circumstances, however, can an acknowledgment be rendered inadmissible in evidence pursuant to the without prejudice rule? That critically is the issue before your Lordships. A subsidiary issue arises as to whether either or both of the documents relied upon by the appellants in the present case in fact constitutes an acknowledgment of their claim within the meaning of the 1980 Act.

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

What’s most important here is that osophi really needs to find out what information Lowell hold on file. Time may be getting tight, so this has become a priority.

[Don Quixote]

Re: Lowell/bryan carter solicitors/court claim form

Tactically, when issuing the CPR 31 request to Carter you should include a further request for an extension for filing a defence, under CPR 15.5, to allow his client to respond to the valid CPR request you will file. In your letter, make sure you include this line:

‘As the case has not yet been assigned a track by the court, you are reminded that CPR 31 does indeed apply and should be actioned by you. Failure to do so may be brought to the court’s attention as obstructing the overriding objective’.

He will refuse, but it will (at some point) show the court you are working towards the ‘overriding objective’ yourself. In practice no court will force disclosure before a hearing or without application, but what you say is technically correct and will serve to annoy Carter and make him change his bog standard letter.

Date of service is 29 January. You will be deemed to have received the claim on or about 2 February, so you must acknowledge service on or around 16 February and ‘defend all’ to get the extra 14 days, which takes you to on or around 2 March. Please double-check my estimates! You can acknowledge online.

Next step is the CCA request to Lowell, with your £1 fee, and then the CPR 31 request to Carter.

The PoC mentions the agreement, the assignment, and the default notice, so you will ask for sight of the agreement, a copy of the notice of assignment, and a copy of the default notice. You should also request copies of all statements sent to you since the assignment, as for most of the period in question these were a statutory requirement.

As nemesis said, get these off asap and post recorded.

Then – if you’re brave and can record the call – get on to Lowell and demand a statement of account for the period of their holding the account. If you’re not brave, send a letter asap, recorded, demanding the same as your right – nothing to do with CPR.

Please come back to us with any queries.

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Tactically, when issuing the CPR 31 request to Carter you should include a further request for an extension for filing a defence, under CPR 15.5, to allow his client to respond to the valid CPR request you will file. In your letter, make sure you include this line:

‘As the case has not yet been assigned a track by the court, you are reminded that CPR 31 does indeed apply and should be actioned by you. Failure to do so may be brought to the court’s attention as obstructing the overriding objective’.

He will refuse, but it will (at some point) show the court you are working towards the ‘overriding objective’ yourself. In practice no court will force disclosure before a hearing or without application, but what you say is technically correct and will serve to annoy Carter and make him change his bog standard letter.

Date of service is 29 January. You will be deemed to have received the claim on or about 2 February, so you must acknowledge service on or around 16 February and ‘defend all’ to get the extra 14 days, which takes you to on or around 2 March. Please double-check my estimates! You can acknowledge online.

Next step is the CCA request to Lowell, with your £1 fee, and then the CPR 31 request to Carter.

The PoC mentions the agreement, the assignment, and the default notice, so you will ask for sight of the agreement, a copy of the notice of assignment, and a copy of the default notice. You should also request copies of all statements sent to you since the assignment, as for most of the period in question these were a statutory requirement.

As nemesis said, get these off asap and post recorded.

Then – if you’re brave and can record the call – get on to Lowell and demand a statement of account for the period of their holding the account. If you’re not brave, send a letter asap, recorded, demanding the same as your right – nothing to do with CPR.

Please come back to us with any queries.

Hi all,

I have been a little busy in the last few days, so apologies for the delayed responses. I see a healthy banter has been going on in my absence, which is fine as long as it helps me. I may have been sent to try you all but I have more information. To answer some of your questions.....

No I don't have any of the B&K records, I could not find any so my guess is I threw them away.

Although, I checked some historic data of Equifax credit reports (see below). This was registered by Lowell and it was taken of my file in November 2013, as the report on 8 December 2013 did not have this information. None of these amounts are on the court papers. They are asking for £880 plus court fees etc. This was registered by Lowell

Credit Card from Lowell Portfolio 1 Ltd (I) / XXXXXXXXXXXX9538

0 @ £ 0 (Monthly)	Defaulted
£ 1,122	£ 0
£ 0	£ 2,465
02/07/2003	16/05/2013
28/11/2007

Payment History
This table shows how you have kept your account over time, for information about individual months pass your mouse cursor over the coloured block

Yes the date on the court form is 29 January 2015, so yes if the 5 days allowed includes that date, then yes I have until Monday to respond to be allowed another 14 days. I ticked .....jurisdiction because I did not understand at the time (I know what that means now) dah!

Please and if possible please re-post what I should do now with the

1. the court papers as this has not been sent yet.
What should I tick in the response?
What do I put in the defence section?
Can I respond online?

2. who exactly I should be writing to, and which letter to send and by what date. If possible please, in simple terms

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hello, is anybody out there please!!!. I have got only a day

[Amethyst]

Re: Lowell/bryan carter solicitors/court claim form

Hiya, Just reading back xxxx