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ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

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  • ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

    Received a claim? Yes
    Issue Date: 23/06/2015
    Amount approx: including fees & costs 988.19
    Claimant: LOWELL PORTFOLIO I LTD
    Solicitor: BRYAN CARTER SOLICITORS LLP
    Original Credit: HSBC

    Particulars of Claim:
    THE CLAIMANTS CLAIM IS FOR THE SUM OF 794.61, BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND HSBC Bank PLC, UNDER ACCOUNT REFERENCE (LOWELL AC NO) AND ASSIGNED TO THE CLAIMANT ON 05/02/2013, 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 COMPLIED WITH.

    AND THE CLAIMANT CLAIMS 794.61

    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 63.58

    Stat Barred? Not Sure

    Have sent: Nothing as received today

    Other Info:
    Hi,

    So I have been sent this claim form, now I'm not entirely sure where this has come from, I don't recall owing money to HSBC. I did once have an account with them, but I changed to a Barclays account in August of 2008.
    Letters have been being received to my house for a similar name to mine which I have been writing 'Not known at this address' and sending back (and this name appears on the claim form - I opened because I could see it said 'Defendant' under it, and I'm just fed up of the letters and phone calls and didn't want county court bailiffs to end up turning up here.) The similarity of the name is the same first and second name, but the middle name has been initialled, whereas I have two middle names - don't know if this would be relevant.

    I have attempted to access my credit file from Noddle but they were unable to verify who I was?

    I do seem to recall that in 2010/11 I received some letters from another DCA regarding HSBC, to which I forwarded a request for them to provide all paperwork they hold on this, and aggreements etc, but they just replied with a letter advising that that was not something they do, and 'urged' me to make payments or legal action would be taken. (I had both letters on my laptop, but the hard drive has recently gone bang and I didn't ever make a back up - sill i know)
    I also at the same time called HSBC to see if they had any record of my account to which I was told they have no information in my name.

    Original default - date unknown - but as above moved banks in August 2008.
    Debt assigned to Lowell 05/02/2013

    Any advice of how I should proceed with this?

    Would it be worth obtaining a credit report through experian?

    If any more info is required, please let me know.

    ANY advice would be greatly welcomed with wide open arms.
    Tags: None

  • #2
    Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

    [MENTION=55034]nemesis45[/MENTION] ... can you advise please??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

      Originally posted by Kati View Post
      @nemesis45 ... can you advise please??
      Got it Kati:tinysmile_twink_t2x

      - - - Updated - - -

      Hello greeny.

      Just going to read through the claim back in a min.

      nem

      Comment


      • #4
        Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

        OK,
        Let's get as much information as possible asap.#
        First acknowledge service of claim and intention to defend all of the claim
        You can do this online at Money Claim Online MCOL. Please keep a note of a
        ALL passwords you use for this.
        Next:

        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.

        Details:: What was the problem with Noddle usually they require simple data: A debit/credit card registered to your current address and your previous address data?
        Experian and Equifax will require similar data. Try for the " Statutory £2 Credit Report".

        Fortunately you have come to LB early so acknowledge service and intention to claim asap and we'll have 33 days approx. to sort this out.
        See if you can remember dig out anything about your dealings with HSBC.

        nem

        Comment


        • #5
          Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

          Hi Nemesis,

          Thank you for your reply.

          I am just going through the acknowledgement, and it has asked if I want to contest jurisdiction - Do I need to do this also?

          I am hoping to get the two letters sent off today too.

          I'll update later on.

          Thank you.

          Comment


          • #6
            Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

            I also forgot - The problem with Noddle was they could not verify me, which is odd because I'm sure I have used Experian before.

            I will request a credit report from experian then.

            Thank you.

            Comment


            • #7
              Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

              Originally posted by greeny1013 View Post
              I am just going through the acknowledgement, and it has asked if I want to contest jurisdiction - Do I need to do this also?
              nope ... it should automatically get moved to your local court
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                Brilliant, Thank you Kati

                Comment


                • #9
                  Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                  Sorry, more questions - on the template for the CPR there is a line that says "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

                  Is the date I need to put here the date I have filed my AOS or does it need to be the date I will submit my defence?

                  Comment


                  • #10
                    Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                    Originally posted by greeny1013 View Post
                    Sorry, more questions - on the template for the CPR there is a line that says "To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X."

                    Is the date I need to put here the date I have filed my AOS or does it need to be the date I will submit my defence?
                    The date your defence is due, which would be 33 days from the date printed on the claim. If you are not going to file a counterclaim, just leave "To enable me to file my defence, I require..."

                    Comment


                    • #11
                      Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                      Originally posted by greeny1013 View Post
                      I am just going through the acknowledgement, and it has asked if I want to contest jurisdiction - Do I need to do this also?
                      No, you don't have to contest jurisdiction. To clarify, jurisdiction refers to whether the court has the right to deal with a case or not depending on the nature of case (i.e. the county court couldn't deal with a criminal matter) and the geographical area (i.e. an English court couldn't deal with a Irish case). It does not refer to a specific county court.
                      Originally posted by greeny1013 View Post
                      Received a claim? So I have been sent this claim form, now I'm not entirely sure where this has come from, I don't recall owing money to HSBC. I did once have an account with them, but I changed to a Barclays account in August of 2008.
                      If this was a current account overdraft, the CCA request wouldn't apply, however, the particulars of claim mention an agreement regulated under the Consumer Credit Act which would more likely be a loan or credit card than an overdraft. If it was for the bank account and you've not used it since 2008, it would be SBd.

                      Comment


                      • #12
                        Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                        Letters all sent along with the £1 PO.

                        Ill see what they say.

                        Now to Experian!

                        Comment


                        • #13
                          Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                          Originally posted by greeny1013 View Post
                          Letters all sent along with the £1 PO.

                          Ill see what they say.

                          Now to Experian!
                          If the account was defaulted over six years ago, it should no longer be there at all.

                          It doesn't help, that's why there's two sides to every coin, it's good that defaults drop off so you can start again, but not helpful when you're trying to get information. Would be nice if your credit history was on there forever but only available to YOU after the six years and not to anyone else. Just a Sunday morning thought...

                          Comment


                          • #14
                            Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                            OK, So today I looked at my credit report - Not a single entry for HSBC. However there is 2 on there for Lowell Portfolio - for £794 the account type states current account.

                            The default date is 23/10/09.
                            Both entries appear like this:



                            I have not yet received anything from Lowell or Bryan Carter solicitors since I sent of the requests.

                            SO what happens now? Do I just wait until their time is up or they send me something?

                            Thanks,

                            Comment


                            • #15
                              Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

                              Originally posted by greeny1013 View Post
                              OK, So today I looked at my credit report - Not a single entry for HSBC. However there is 2 on there for Lowell Portfolio - for £794 the account type states current account.
                              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...

                              Originally posted by greeny1013 View Post
                              The default date is 23/10/09.
                              Both entries appear like this:
                              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.
                              Originally posted by greeny1013 View Post
                              I have not yet received anything from Lowell or Bryan Carter solicitors since I sent of the requests.

                              SO what happens now? Do I just wait until their time is up or they send me something?

                              Thanks,
                              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:

                              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:

                              Comment

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                              SHORTCUTS


                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Directions Questionnaire



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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