Lowell Portfolio Ltd / Bryan Carter / Claim Form

[Whisper]

Today I have received what appears to be a County Claim form on behalf of Bryan Carter Solicitors.

The Particulars of Claim:

The claimants claim is for the sum of £2300, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and HSBOS PLC under account reference xxxxxxxxxxxx and assigned to the claimant on 02//07/2014. Notice of which has been given to the defendant.

The he defendant failed to maintain contractual repayments under the terms of the agreement and a default notice has been served which has not been complied with.

and the claimant claims £2300

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a 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 161.34


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I have no idea how to proceed.

I haven't acknowledged this debt

[Whisper]

Re: Lowell Portfolio Ltd / Bryan Carter / Claim Form

Hi all, any advice would be really appreciated. I'm worried sick.

[FlamingParrot]

Re: Lowell Portfolio Ltd / Bryan Carter / Claim Form

Welcome aboard

Today I have received what appears to be a County Claim form on behalf of Bryan Carter Solicitors.

The Particulars of Claim:

Reading what you've posted below, it IS a court claim so you need to respond accordingly.

The claimants claim is for the sum of £2300, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and HSBOS PLC under account reference xxxxxxxxxxxx and assigned to the claimant on 02//07/2014. Notice of which has been given to the defendant.

The he defendant failed to maintain contractual repayments under the terms of the agreement and a default notice has been served which has not been complied with.

and the claimant claims £2300

The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a 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 161.34

Have you any idea what this debt was? As it's stated as an agreement regulated by the CCA 1974 I assume it was probably a loan or a credit card as opposed to a current account overdraft.

We need to know the history of the account, when did you take out the card or loan? If it was after 2004, did you apply online? When did you last make a payment?

I have no idea how to proceed.

I haven't acknowledged this debt

We need to know when you last made a payment.

You do need to acknowledge service of the claim and send the CPR and CCA requests. As they mention an agreement, a default and assignment, you could request copies of the following:

• the credit agreement
• the default notice
• the notice of assignment

You'll find full instructions on this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

[nemesis45]

Re: Lowell Portfolio Ltd / Bryan Carter / Claim Form

Hi all, any advice would be really appreciated. I'm worried sick.

Carter is not the claimant I think on behalf of which of the denizens of the debt industry is he acting?

The CCA request goes direct to the claimant £1 statutory fee payable ( use a cheque or postal order endorsed " For Statutory Fee Only" the claimant has 12 + 2 Working Days to comply.

nem

[Whisper]

Re: Lowell Portfolio Ltd / Bryan Carter / Claim Form

Thanks for the advice.

I have now acknowledged the claim with Money Claim and sent off a CCA request to the claimant.

Would it be a good idea for me to request that this is moved to my local county court, and if so would anyone know how I should go about doing this.

Thanks again for all your help.

[FlamingParrot]

Re: Lowell Portfolio Ltd / Bryan Carter / Claim Form

Thanks for the advice.

I have now acknowledged the claim with Money Claim and sent off a CCA request to the claimant.

How about the CPR request to Mr Carter? That's the one you'll need to be chasing up in future. If Lowell don't respond to the CCA request (they never do), you can use their non-compliance in your defence.

Would it be a good idea for me to request that this is moved to my local county court, and if so would anyone know how I should go about doing this.

Thanks again for all your help.

It's a little too early for that, once you submit a defence, the claimant may decide not to proceed with the claim. ray: If they do proceed, the court will send you a directions questionnaire and the case will be transferred to your local court, but we are still a few months away from that. You have 28 days to file a defence and they have a further 28 days to respond to your defence. At the moment everything is taking place remotely, either online or by post. Virtually all money claims are issued electronically through the Northampton bulk centre but that's not a court where you'd have to go to attend a hearing.