Received a court claim (Bryan/Lowell)

**FlamingParrot** · 27th June 2015, 20:11:PM

Re: Received a court claim (Bryan/Lowell)

Originally posted by Tomii View Post

Hi, before on another thread I spoke about my father receiving phone calls and texts from Bryan solicitors. I told him to ignore it as they didn't state his name or anything. Now he just received a court claim from them represented by Lowells. I know all the documents and payment must be sent to Bryan. The debt is about a orange contact debt that was bought and I spoke to my dad and now he remembers their is a debt to orange he had 2-3 years ago. So I assuming it relates to that. I read through some of the forum pages and I know I have to acknowledge the service but I should submit the admission form then and follow the procedure? or do something else? The debt is £1035. I know he can't pay it now but I think he can do £100 monthly instalments. So should I contact them through post or contact them?

I hope anyone can give some advice on what my dad can do.

I realise your dad recognises the debt and admits he owes this money, however, do bear in mind if he submits the admission form the claimant can request judgment. :scared: An admission in civil procedure is the equivalent of pleading guilty to a criminal charge. That would mean a CCJ on record for six years. I would suggest the usual process of acknowledgment and stating intention to defend in full to start with, that gives him a maximum of 33 days from date on claim to file a defence. He could also send the CPR request to Mr Carter although not the CCA request because it doesn't apply to mobile contracts.

If your dad wants to settle this with Mr Carter, he could do so via a Tomlin order. The order stays proceedings as long as he keeps to the terms of the order (the agreed monthly repayments) so from a creditors' perspective it works much as an admission and judgment in that they get their money but there is no CCJ on record. They can, however, request judgment be entered if your dad doesn't keep up his repayments so it makes sense to make an affordable offer and back it up with his own income and expenditure statement (not the one on the admission form).

You will find some examples here: http://www.legalbeagles.info/forums/...221#post485221 :thumb:

**Tomii** · 28th June 2015, 14:53:PM

Re: Received a court claim (Bryan/Lowell)

Thank you for the reply. I don't believe my dad is planning on getting any credit anytime soon or at all and mum will mostly be dealing with finances. So the CCJ won't be too much of hindrance to him. Currently I think my dad can actually pay for the debt by borrowing from the family and I can lend some too. So should I try to make a settlement for him or should I follow the procedure of defending and asking for the paperwork? I definitely know I need to put it in writing that way they won't chase me up again for this debt. So should I contact them and then put it in writing of the terms of agreeing with the settlement on the grounds that they won't bother my dad again and then pay once they have agreed to the settlement?

**Tomii** · 28th June 2015, 16:15:PM

Re: Received a court claim (Bryan/Lowell)

If my dad did go down the route of defending in full and try to request a CPR, what would be his defences if he knows there was a debt to orange.

**FlamingParrot** · 28th June 2015, 16:24:PM

Re: Received a court claim (Bryan/Lowell)

Originally posted by Tomii View Post

Thank you for the reply. I don't believe my dad is planning on getting any credit anytime soon or at all and mum will mostly be dealing with finances. So the CCJ won't be too much of hindrance to him. Currently I think my dad can actually pay for the debt by borrowing from the family and I can lend some too. So should I try to make a settlement for him or should I follow the procedure of defending and asking for the paperwork? I definitely know I need to put it in writing that way they won't chase me up again for this debt. So should I contact them and then put it in writing of the terms of agreeing with the settlement on the grounds that they won't bother my dad again and then pay once they have agreed to the settlement?

Originally posted by Tomii View Post

If my dad did go down the route of defending in full and try to request a CPR, what would be his defences if he knows there was a debt to orange.

It would be rather unusual if they sent any requested documents within the time he has to file a defence, so it would be a generic defence based around no documents supplied.

It's mostly a question of buying time and highlighting the fact they issue claims without having any documents which is not how it should be. A settlement offer can be made at any time. If you are able to offer a lump sum settlement I'd try a reduced amount to start with. If they got their judgment it could take years for them to get their hands on the money, depending on how much your dad could pay every month, a bird in the hand... :thumb:

**Tomii** · 28th June 2015, 16:34:PM

Re: Received a court claim (Bryan/Lowell)

Ok, thank you. I know the original debt is at roughly £854.12 with interest at £51.53 so that added up to £905.65. Solicitor fees: £60 and Court fee: £70. Giving a grand total of £1035.65. I know my dad can get roughly £950 from borrowing from family and I can try to find the rest if needed. Oh is there a letter template for a settlement letter, that way they won't chase my dads up again in the future?

Again thank you for all your help. ^_^

**FlamingParrot** · 28th June 2015, 22:53:PM

Re: Received a court claim (Bryan/Lowell)

You guys could look into settling via a Tomlin order, whereby he agrees to repay a certain amount in a number of instalments he can afford. The order has the effect of staying proceedings as long as he keeps to the terms of the order (the agreed repayments). That way they get their money but no judgment is recorded. You will find some examples here: http://www.legalbeagles.info/forums/...221#post485221

Received a court claim (Bryan/Lowell)