Lowell/bryan carter solicitors/court claim form

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Hi,
What is the new claim for?
You acknowledged service and entered a defence?
Did you receive and further documents from the court, e.g., Allocations/Directions questionnaire?
To apply for set aside you must have a viable defence for the original claim.
Please post a copy of the claim form, remove any personal identifiers.
Also tell us the history of this debt.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi, thank you Nem,

I probably did not make myself very clear. There are now two claims. One is from Carter/Lowell. I submitted the defence for this and i received a response from the court on 9 March 2015, acknowledging my defence and advising me a copy has been served to the solicitor etc..... Carters have also written to me letter date 19 March, but i received this today. They advise that they will proceed with the matter and are prepared to enter into negotiation. I need advise of how to proceed with this please.


The second claim against me is by Carbot/Shoosmith and the particulars is as follows:-

1. The claimant claims the sum of xxxx being monies from the defendant to the claimant under regulated agreement between the defendant and XXXXX (account number) and assigned to the claimant on 31 Oct 2007, notice of which is provided to the defendant.

If you need the rest of it, let me know, but this is the claim (CCJ) that has been placed on the file on 23 March. No i did not submit a defence and the time lapsed. The issue date of the claim form is 27 FEb 2015. Can I do anything about his one?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Ok The Cabot claim:
Please give as much history of this alleged debt no subject of a judgement by default.
1. Who is the original creditor?
2. What type of account is this?
3. How much is claimed?
3. This was assigned to Cabot in 2007 so was defaulted s sometime earlier, do you know the default date.
4. Have any payments or written acknowledgments been made in regard to the alleged in the past 6 years?

There is a ray of hope here that the alleged debt may have been statute barred before the claim was issued.

Please check your credit reference files for any entries on this debt.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem,

1 Barclaycard
2. Creditcard
3. £1520
4. 31/12/2007 - I have searched an archive credit file and this is the date that is on the file
5. I made payments via Byrom and Keeley until Nov 2009 just like the first claim

Something tell me this is not a statue barred debt, please tell me i could do something if this is not case.

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

Would have been SB November this year but the issue of the claim stops the clock sorry to say.

nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Does this mean there is nothing i can do to remove the CCJ off my file? Can i call the courts to work something out? Even if i pay the money, would it still remain on my file for 6 years from 23 March 2015?

[nemesis45]

Re: Lowell/bryan carter solicitors/court claim form

If you pay a judgement in full within 28 days of the date of the judgement order it will not be recorded.
What " evidence" to you have that could be used as a defence to the claim??
You cannot engage with the court " to work something out" it is Cabot you would negotiate with if at all.
What are the terms of the judgement order? To be paid in full forthwith or by instalments.
nem

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi Nem,

I had to travel for a funeral, just got back a few days ago. Internet was not very good where i was. To ensure i do not run of time, I think I need to pay by tomorrow. There is no terms for the Judgement Order that i can see on any of the paperwork. Nothing states the terms of payment, so my guess is pay in full. Can i negotiate these terms, and do i negogiate directly with the debt collectors or the solicitors? Will this start the six year clock again if i talk to them?

Osophi

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

If you pay a judgement in full within 28 days of the date of the judgement order it will not be recorded.
What " evidence" to you have that could be used as a defence to the claim??
You cannot engage with the court " to work something out" it is Cabot you would negotiate with if at all.
What are the terms of the judgement order? To be paid in full forthwith or by instalments.
nem

Hi Nem or anyone out there,

Since you are online, can you please assist with my query above? I have run out of time now so the judgement has been placed on the file, however i have been advised that i could still negotiate with the solicitors for this to be removed if i can pay. Is this true? This is the Cabot/Shoosmith case, where the response to the court claim form lapsed.

thank you in advance

[MIKE770]

Re: Lowell/bryan carter solicitors/court claim form

pay up within 28 days and judgment not recorded i.e. forthwith

or

installment plan?


he is asking what the judgment states one or the other

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi all,

thank you for replying so quickly. It is for the full and unfortunately my 28 days has now lapsed.

1. How can i fix this, can i even fix it?

2. Can i negotiate to pay and have it still removed or rather remain the my file as satisfied if i pay?

3. If it remains as statisfied, does this still affect my credit rating in the same way as it would if it hadn't being paid?

thank you all

Osophi

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

Hi all,

I may be stating the obvious here, and maybe what i am asking cannot be done, but i feel stupid for letting these dates lapse in the first place before taking action. I have learnt the biggest lesson and i am sure it will probably affect me for a long time which i could have avoided. I know my responses are not prompt, but I am pleading for help if anyone is able to.

Osophi

[MIKE770]

Re: Lowell/bryan carter solicitors/court claim form

if you pay it will record as satisfied>1

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

[QUOTE=osophi;532556]Hi, thank you Nem,

I probably did not make myself very clear. There are now two claims. One is from Carter/Lowell. I submitted the defence for this and i received a response from the court on 9 March 2015, acknowledging my defence and advising me a copy has been served to the solicitor etc..... Carters have also written to me letter date 19 March, but i received this today. They advise that they will proceed with the matter and are prepared to enter into negotiation. I need advise of how to proceed with this please.

Hi,
What is the new claim for?
You acknowledged service and entered a defence?
Did you receive and further documents from the court, e.g., Allocations/Directions questionnaire?
To apply for set aside you must have a viable defence for the original claim.
Please post a copy of the claim form, remove any personal identifiers.
Also tell us the history of this debt.

nem

In terms of the Lowell/Carter, I did not get a response regarding way forward with this but there has been some developments. I will start from letter dated 20 February to give it some context and to remind you all.

20 feb - Letter from Bryan advising that it may be allocated to small claims track, and that it was just a contractual mattter and that Part 31 will not apply, and would not agree to an extention following my letters on 16 Feb (probably standard).

9 Mar - HM Court acknowledge defence I submitted

19 Mar (letter received 27 Mar) - Bryan advise Lowell want to negotiate or mediate, and advised that i seek legal advise

14 April - Court sent Notice of Proposed Allocation to the Small Claims Track form

21 April - Bryan letter advising that they are prepared to settle out of court, and look forward to hearing from me. Attached to it is a Directions Questionnaire (Small Claims Track) form

1. Please Please Please, what do i do with these two forms from Court and Bryan?
2. What is the best way forward from here

Osophi

thank you

[osophi]

Re: Lowell/bryan carter solicitors/court claim form

if you pay it will record as satisfied>1

Hi all,

thank you for replying so quickly. It is for the full and unfortunately my 28 days has now lapsed.

1. How can i fix this, can i even fix it?

2. Can i negotiate to pay and have it still removed or rather remain the my file as satisfied if i pay?

3. If it remains as statisfied, does this still affect my credit rating in the same way as it would if it hadn't being paid?

thank you all

Osophi

Thank you very much Mike, so no way of negotiating to have it removed then. I have been very stupid in this case. Too many letters of a similar nature and i just got overwhelmed with it all.

*What about question 3?
*To pay or negotiate, of course i may need to talk to them, would that open any can of worms at all?

Osophi