Lowells - Welcome Finance - Court Letter

[gardner]

Re: Lowells - Welcome Finance - Court Letter

Thanks.
I have completed the acknowledgement - do i send a copy to Bryan Carter along with the CPR or separately? The MCOL site also says i don't need to send a copy to the court? should i send it anyway to be safe?

[gardner]

Re: Lowells - Welcome Finance - Court Letter

oh, and do i need to fill in the defence response form on the MCOL site? there is a button that says 'start defence' - dare i push it?!

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

Thanks.
I have completed the acknowledgement - do i send a copy to Bryan Carter along with the CPR or separately? The MCOL site also says i don't need to send a copy to the court? should i send it anyway to be safe?

You don't need to send a copy to the court because the MCOL site is run by the court so everything you do on it goes straight to the court anyway. :thumb

- - - Updated - - -

oh, and do i need to fill in the defence response form on the MCOL site? there is a button that says 'start defence' - dare i push it?!

You don't need to file a defence just yet, :hand: you have 33 days from the date printed on the claim to do so and you'll need to wait for your requests for documents to go through and get a response (or not as the case may be) before even thinking about pushing the button! :ranger:

[gardner]

Re: Lowells - Welcome Finance - Court Letter

Hi again

I am just writing up the letter for Bryan Carter but i'm not sure what i need to ask for -

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Which of these to I need to request?
thanks

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

Hi again

I am just writing up the letter for Bryan Carter but i'm not sure what i need to ask for -

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Which of these to I need to request?
thanks

Based on the items mentioned on the particulars which I've highlighted below, you'd ask for a copy of:

• The credit agreement
• The notice of assignment
• The default notice

Particulars of Claim:

The claimants claim is for the sum of 3245.44, being the monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Welcome Finance
Under Account Reference xxxxxxx
as assigned to the claiment on xx/xx/12
notice of which has been given to the defendant
The defendant has 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 3245.44
The claimant also claims statutory interest pursuant to s.69 of the count 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 259.62

[philvasili]

Re: Lowells - Welcome Finance - Court Letter

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared! If it does go to court ask them to prove their case with original documents and witnesses from the original creditors. Do not admit the debt.

[gardner]

Re: Lowells - Welcome Finance - Court Letter

Love this! Good for you!

[gardner]

Re: Lowells - Welcome Finance - Court Letter

So, had my first letter from BCS and it goes like this:

We write further to your letter of 27 August 2015, requesting disclosure pursuant to Part 31.14 of the civil procedure rules.

We confirm the claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

We confirm this matter will most 'properly' (I guess they mean 'probably' !!!) be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.

In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

It is the original creditors policy to issue agreements at the start of the 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.

As you will be aware a claim was issued in this matter on 18 august 2015. Please respond to the claim using the response pack provided by the court.

We recommend you see independent legal advice.

Yours sincerely
BCS (or person with terrible grammar and spell checking abilities!)

So, what do I do next?? These people are utter morons!! 😁

Thanks for your continued support guys!

[nemesis45]

Re: Lowells - Welcome Finance - Court Letter

Hi Standard we to bloody lazy to comply response, chase Carter on this, ( letter in forum library).

No news on CCA request? Don't chase the debt is unenforceable until the agreement is produced.

nem

[gardner]

Re: Lowells - Welcome Finance - Court Letter

I've heard nothing from lowell yet - I can only assume they're trying buy/waste time!

I'll look for the other letter template and send the chaser to BCS on monday.

Thanks 😊

[nemesis45]

Re: Lowells - Welcome Finance - Court Letter

I've heard nothing from lowell yet - I can only assume they're trying buy/waste time!

I'll look for the other letter template and send the chaser to BCS on monday.

Thanks 

Lowell will be attempting to obtain documents from the original creditor and if they don't have the agreement within 12 + 2 Working Days then they cannot enforce the debt until they have the agreement to hand.

nem

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

I've heard nothing from lowell yet - I can only assume they're trying buy/waste time!

I'll look for the other letter template and send the chaser to BCS on monday.

Thanks 

What you got is Carter's very generic template, this is our very generic response: http://www.legalbeagles.info/forums/...385#post410385 :lol:

He will neither send any documents nor agree to an extension, however, it needs to be shown that at least one party (YOU) is following the process. :thumb:

[gardner]

Re: Lowells - Welcome Finance - Court Letter

So, i still haven't heard anything from Lowell and i've sent the response above to BCS - I've heard nothing back from either yet. What do i do? do i chase Lowell? how do i know if they are still pursuing the debt??

[FlamingParrot]

Re: Lowells - Welcome Finance - Court Letter

So, i still haven't heard anything from Lowell and i've sent the response above to BCS - I've heard nothing back from either yet. What do i do? do i chase Lowell? how do i know if they are still pursuing the debt??

No, do not chase Lowell for the CCA request as non-compliance stops them from enforcing in court.

If they have issued a claim and it's not been discontinued, that means they are still pursuing it so to speak. You need to keep an eye on the calendar so you don't miss your deadline to file your defence, which is 33 days from the date printed on the claim. Your defence will very likely just be the generic one saying you've not received anything, examples to be found here: http://www.legalbeagles.info/forums/...t-Court-Claims

[gardner]

Re: Lowells - Welcome Finance - Court Letter

Hi again...!

I sent the second letter to BCS, heard nothing back as yet and i still dont have a response from Lowell.

Now I can't find my log in for the online tool to file a defence! What do i do?? how can i get another log in? i have no idea where i've put my details!!! Aarrggghhh