Court claim received

[carts69]

Received a court claim for a debt which I'm pretty sure is 6 years old, can anyone advise on the options I have when replying to this.
it has come via Lowell & Bryan Carter, what steps do I need to take first, I read this can be done online? Thanks in advance

[Kati]

Re: Court claim received

Hi Amethyst sets out your first steps in this post

Firstly, don't panic.

Secondly, many of these Consumer Credit debt based Court Claims are issued through the County Court Business Centre and are rather lacking in detail and information. The are often claims bought by debt purchasers who don't have the paperwork to back them up to hand and who wing it on the hope that they obtain a default judgment.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

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 )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

If you are unsure of any of those steps then please make a new thread on the forum (you must be registered to do this)

Once those letters have been sent off you should make a new thread on the forum (you must be registered to do this) and make a post titled the claimants name v your username, and containing the date of issue from your claim form, date of service (ie when you received the claim form), type out the Particulars of Claim (exclude account numbers) and tell us the approx amount of the claim. Also tell us any specific disputes or background to the claim you may have. If you know please also tell us the last time you made a payment towards the debt or acknowledged the debt in writing, and confirm you have acknowledged the claim, and what letters you have sent off.
OR
If you received a court claim and want to start a new thread in this forum please complete this form . Thank you.


And people here will help guide you through the next steps.

NOTE: The defence date is 28 days from service (ie when you received the claim) or 33 days (which allows 5 days for service) from the issue date printed on the front of the claim form.

http://www.timeanddate.com/date/dateadd.html

could you type out the particulars of claim (from the court form) please?

[carts69]

Re: Court claim received

Hi Amethyst sets out your first steps in this post
could you type out the particulars of claim (from the court form) please?[/QUOTE]

Thanks for the info, here is the claim form 1st page, this came as 4 pages!

[FlamingParrot]

Re: Court claim received

Received a court claim for a debt which I'm pretty sure is 6 years old, can anyone advise on the options I have when replying to this.

When you say it's 6 years old, do you mean you haven't paid anything in the past 6 years? If there have been at least 6 years without any payments or written acknowledgment, it could be statute barred. Although the default on your credit file is not a good indicator, have you checked to see if this account still shows up?

it has come via Lowell & Bryan Carter, what steps do I need to take first, I read this can be done online? Thanks in advance

Acknowledge the claim and tick the box that says you intend to defend it in full, detailed instructions here: http://www.legalbeagles.info/forums/...313#post499313

[nemesis45]

Re: Court claim received

Hi What type of account was this just a straight forward Creation Loan or
was it associated with a purchase of an insurance or other product.

Did you receive a "Demand or Final Demand For Immediate Repayment in Full"?

Kati has given you all the processes you need to follow in post#2.

Do you know if this account is on your credit reference files? A quick check on Noddle ( Call Credits Free online service) may give some idea of the status of the debt, default date etc.

nem

[carts69]

Re: Court claim received

When you say it's 6 years old, do you mean you haven't paid anything in the past 6 years? If there have been at least 6 years without any payments or written acknowledgment, it could be statute barred. Although the default on your credit file is not a good indicator, have you checked to see if this account still shows up?

Acknowledge the claim and tick the box that says you intend to defend it in full, detailed instructions here: http://www.legalbeagles.info/forums/...313#post499313

Yes, I have not made payment for what I believe to be 6 years + I have not checked my credit file.

[nemesis45]

Re: Court claim received

Yes, I have not made payment for what I believe to be 6 years + I have not checked my credit file.

Credit File check would be a good idea.

Was this a straight forward loan?

nem

[FlamingParrot]

Re: Court claim received

Yes, I have not made payment for what I believe to be 6 years + I have not checked my credit file.

It sounds like it may be SBd. :grin:

If you submit a SBd defence, the burden of proof is on the claimant to show that it isn't. You should still request the documents, the Lowell/Carter Dream Duo are not known for their compliance. Send the CCA request to Lowell, if they don't comply, that in itself is a bar to enforcement, until they manage to find something, in which case the documents have to be assessed on their own merits. That means even if it wasn't SBd you'd still have a back-up plan, a PlanB so to speak.

There's no need to chase the CCA request for the reasons above but you need to chase the CPR request once the 7 days are up. Mr Carter is not the most co-operative and agreeable of people but you have to show you have followed the process. :thumb:

[carts69]

Re: Court claim received

Credit File check would be a good idea.

Was this a straight forward loan?

nem

im pretty sure it was for an item purchased, I have checked my credit file and nothing relating to this is showing, although in the section "search History" a company Interlaken Group ltd (sr Tac) Interlaken group (Bsb Api), under "Purpose" it states Debt collection, with a date of 8/7/2015

[nemesis45]

Re: Court claim received

im pretty sure it was for an item purchased, I have checked my credit file and nothing relating to this is showing, although in the section "search History" a company Interlaken Group ltd (sr Tac) Interlaken group (Bsb Api), under "Purpose" it states Debt collection, with a date of 8/7/2015

Interlaken Group is the parent of the Lowell/Fredrickson " empire".
So not on files, hopefully means defaulted more than 6 years ago, if the debt was still under the 6 year " limit" Interlaken/Lowell would have had to update the records with their details.

I think this more likely than not statute barred. If you can confirm that no payment or written acknowledgment has been made in the 6 years prior to the date the claim was issued it's SB.

Prepare an SB defence now, but it is possible in the situation to "call a halt" to proceedings when SB is positive, if you would like to try this please let me know.

I does not admit any liability nor does it affect the need to have a defence prepared, but it does work!!

nem

[carts69]

Re: Court claim received

Interlaken Group is the parent of the Lowell/Fredrickson " empire".
So not on files, hopefully means defaulted more than 6 years ago, if the debt was still under the 6 year " limit" Interlaken/Lowell would have had to update the records with their details.

I think this more likely than not statute barred. If you can confirm that no payment or written acknowledgment has been made in the 6 years prior to the date the claim was issued it's SB.

Prepare an SB defence now, but it is possible in the situation to "call a halt" to proceedings when SB is positive, if you would like to try this please let me know.

I does not admit any liability nor does it affect the need to have a defence prepared, but it does work!!

nem

Yes no written acknowledgment at all, also no payments made in over 6 years!

Yes I would like to prepare a SB defence please.

[jon1965]

Re: Court claim received

It really doesn't make that much difference about admitting liability because once a claim is issued any limitations clock stops, also once SB the clock can not be restarted

[FlamingParrot]

Re: Court claim received

Yes no written acknowledgment at all, also no payments made in over 6 years!

Yes I would like to prepare a SB defence please.

What most people do is follow the process of sending the usual requests for documents (CCA and CPR) and, when the time comes to file a defence, submit one that combines both the fact the debt is SBd and state non-compliance with your requests. Something along these lines: http://www.legalbeagles.info/forums/...011#post494011

It really doesn't make that much difference about admitting liability because once a claim is issued any limitations clock stops, also once SB the clock can not be restarted

Very true, once a debt is SBd it cannot be 'un-barred' in any way, not even by making a payment (not that it's something I'd suggest). The crucial date here is when the claim was issued. If the debt was SBd at that time, then it's an absolute defence.

[nemesis45]

Re: Court claim received

Yes no written acknowledgment at all, also no payments made in over 6 years!

Yes I would like to prepare a SB defence please.

Of course some people will automatically decry any approach that does not fit their idea
of following " normal " process lack of imagination I think!!

I will be in touch tomorrow.

nem

[carts69]

Re: Court claim received

Ok, so firstly I acknowledge the claim, I can do this online, I shall do the now!