ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

When debts are sold records are updated to reflect the new account owner. If it was a current account, the CCA request wouldn't apply. I wonder whether Lowell will twig it and respond accordingly...

Ok, but does this also mean that they aren't required to send a response at all? If they do respond accordingly, would this just be a 'We don't need to send this to you' letter?

With an overdraft, for the purpose of limitation the clock starts to run when the bank recalls the overdraft, by sending a final demand, rather than when you last paid into the current account. Does this date sound about right to you? If so, the account wouldn't be SBd.

I don't really know if the date is right, it could be. I had a look for some letters or statements related to this account but it would appear that when me and my partner moved in together they were possibly recycled.
As it isn't SBd, what does this mean for me? Do I just need to admit defeat and work out a payment plan?

You need to chase the CPR request although from experience, Mr Carter will never send anything at this stage. Keep an eye on the calendar, your defence should be filed a maximum of 33 days from the date printed on the claim, otherwise they can request default judgment. :scared:

Oh I see, and would I need to wait for the 12+2 days to be up before chasing, and would I need to chase via letter?

When the deadline approaches you can submit a generic defence based on lack of documents, some examples here: http://www.legalbeagles.info/forums/...t-Court-Claims :thumb:

And if I submit this, what happens then?

Sorry for all the questions, this is just all a bit of a headspin for me haha.

I REALLY appreciate the help you are providing me with

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Ok, but does this also mean that they aren't required to send a response at all? If they do respond accordingly, would this just be a 'We don't need to send this to you' letter?

Yes, for an overdraft they'd normally reply saying that the request doesn't apply, however, they'd need to know that's an O/D to start with...

I don't really know if the date is right, it could be. I had a look for some letters or statements related to this account but it would appear that when me and my partner moved in together they were possibly recycled.
As it isn't SBd, what does this mean for me? Do I just need to admit defeat and work out a payment plan?

Not yet, let's see how it goes. A lot of claims are issued speculatively in the hope of obtaining default judgment or an admission. When confronted with someone who asks for paperwork, they may end up discontinuing. ray:

Oh I see, and would I need to wait for the 12+2 days to be up before chasing, and would I need to chase via letter?

No, what you would be chasing is the CPR request and that letter gives them just 7 days. You can chase via email and/or phone to save time. hone:

And if I submit this, what happens then?

Once you submit a defence, the claimant has 28 days to respond to the court and say whether they wish to proceed, then the court sends directions questionnaires followed by directions including the need for them to disclose the documents they are relying on. This is only the beginning.

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Well, I've just checked the tracking for both letters, Lowells has been delivered and signed for.

Bryan Carters is still showing as being at my local post office...........Good ol Royal Mail! I'll have to chase RM and see what the hell is going on!

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Well, I've just checked the tracking for both letters, Lowells has been delivered and signed for.

Bryan Carters is still showing as being at my local post office...........Good ol Royal Mail! I'll have to chase RM and see what the hell is going on!

RM tracking system doesn't work 100%, I've had replies to letters I've sent (which clearly indicates they were received) whilst not showing as being delivered on the website. Postmen don't always do their job properly either, last year I had a recorded delivery item put through the letterbox without even ringing the bell, let alone me signing for it. Such an item would never show as delivered on the RM system.

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

RM tracking system doesn't work 100%, I've had replies to letters I've sent (which clearly indicates they were received) whilst not showing as being delivered on the website. Postmen don't always do their job properly either, last year I had a recorded delivery item put through the letterbox without even ringing the bell, let alone me signing for it. Such an item would never show as delivered on the RM system.

Would you believe, you're right again!

So I have received a response from BCS please see below:

Dear Mr xxx

Lowell Portfolio LTD v MR XXXXXXXXXX
Account number
Claim No

We write further to your letter dated 28 June 2015 requesting disclosure under part 31.14 of the CPR.

We confirm the claim form was issued by the Northampton County Court Business Centre and that the Courts protocol was followed when issuing the claimant's particulars of the claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of cliam when they are issued by this court.

We confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the CPR will therefore not apply.

It is our understanding that it is policy of the original creditor to issue agreements at the point of contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence. We confirm we are in receipt of your AOS.

We confirm documents will be provided in accordance to the courts directions.

A claim was issued in this matter on 23 June 2015. Please respond to the claim using the response pack provided by the court. You should also comply with the deadlines outlined by the court in order to avoid a default judgment against you.

We recommend you seek independent legal advice.

Yours Sincerely

BCS

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Not a lot of correspondence gets lost in the post, it happens but rather infrequently and hardly ever with post that's marked as recorded delivery, so I suspected it would just be a system glitch.

You have received Mr Carter's standard template response. This is our usual response: http://www.legalbeagles.info/forums/...385#post410385

[nemesis45]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Standard reply!!
If signed for post is sent to a PO Box number it may not show up as signed for/delivered.

nem

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Sent the response off today, kept a copy aswell.

Now to await their response.

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Sent the response off today, kept a copy aswell.

Now to await their response.

I can tell you exactly what Mr Carter's response will be: That the original creditor would have required you to have signed an agreement, you should be referred to your own records, the case will go to small claims, they are not agreeable to an extension and you should make sure you file a defence. :blah::blah::blah:

He always sends the same template letter, however, it's important to show you've follow the process and exhausted all avenues trying to obtain the documents before filing a generic defence. :thumb: Just keep an eye on the calendar and post up when you receive the letter. :typing:

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi

Can you help me - where do I find these templates so I can also follow this advice - Thanks

A CCA request to Lowell for the agreement allegedly relating to this debt, there is a £1 statutory fee payable for this, use a cheque or postal order for this, endorse it " For Statutory Fee Only" keep a photo copy. Lowell has 12 + 2 Working Cays to comply.

Next:
A request to Carter made under Civil Procedure Rule 31.14 for all the documents mentioned in the particulars of claim in this case,

The agreement, the Notice of Assignment, and the default notice, there is no fee for the time scale is 7 days.

There are templates for both requests in the forum library.

You will find the links to them below:
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 )

If you have received a claim, it would be good if you started a new thread and posted up the particulars of the claim and any other details you may have. :typing:

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

£1 just with the CCA letter - yes the CCA goes to Lowells (as creditor). the CPR doesn't need any payment and goes to the solicitors.

Don't really know what defence you will want to enter, if any, as it depends massively on what comes back from these requests.

Have you acknowledged the claim with intent to defend already ? if not, do that - either on moneyclaim online or on paper. So few days before your defence is due in you can assess where you are at, what documents you have, and decide whether to defend on any grounds or start negotiations.

[greeny1013]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

OK, So BCS has just sent the same reply they sent last time.

Whats the next step for me then?

Do I just file a defence advising they have neglected to pass on paperwork?

Thanks,

[jon1965]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Have lowells responded to your cca request

[FlamingParrot]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

OK, So BCS has just sent the same reply they sent last time.

Whats the next step for me then?

Do I just file a defence advising they have neglected to pass on paperwork?

If you haven't got a response to either of your requests, then yes, you'd file the generic 'no documents' defence, examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

[MIKE770]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Usual we are not going to comply, see what next