Bryan Carter - Lowell - Vanquis Debt

[FlamingParrot]

Re: Bryan Carter - Lowell - Vanquis Debt

Thanks I will most certainly draft up a response, and let you take a look.

Can you explain what stayed claim is, i'm guessing its used a facility to allow them more time to obtain documents?

How long can a claim remained stayed for?

A stayed claim is dormant, the only action that can be taken is to lift the stay. In some cases the claims are stayed while they try to obtain documents, yes, however, the stay is automatic and not something they apply for, they just fail to respond in time to a defence.

Some claims have been stayed for years if no-one takes any action, however, it's possible to apply for a stayed claim to be struck out.

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Thanks again FlamingParrot and jaydee I am interested in what you have to say once you are in a position to do so.

I have drafted my initial defence, can you take a look would be most appreciated.

1: I received the claim xxx from the Northampton County Court on XXXX

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Vanquis to Lowell on 02/09/2011. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vanquis served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 08/09/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryn Carter Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Bryn Carter Solicitors has not sent any of these documents to me.

10. On the 08/09/2015 I sent a formal request for a copy of the original agreement to Lowell pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....


Do i need to include "4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit. ?"

Cheers

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Hi,

I am due to file my defence today so any feedback would be most appreciated.

Kind regards

[Kati]

Re: Bryan Carter - Lowell - Vanquis Debt

:bump: for [MENTION=37786]FlamingParrot[/MENTION] xx

[FlamingParrot]

Re: Bryan Carter - Lowell - Vanquis Debt

Thanks Kati :yo:

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

Looks OK, only a comment regarding paragraph 12, looks like you just got one of their standard template letters saying they won't agree to an extension without you actually requesting one. This is customary where Carter is concerned. If you didn't ask them to agree to an extension, you'd just leave it as below, based on the wording of their letter.

12: Bryan Carter Solicitors stated their clients were not agreeable to an extension of time to file my defence.

Do i need to include "4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit. ?"

Not in this case, you are using the alternative wording for paragraph 4, there are cases where the above wording may be more appropriate depending on what the particulars of the claim say. :thumb:

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Thanks agin, flaming parrot.

Defence is filed, lets see where we go from here.

I am guessing i will recieve something from Bryan Carter Shortly to offer to settle?

[FlamingParrot]

Re: Bryan Carter - Lowell - Vanquis Debt

Thanks agin, flaming parrot.

Defence is filed, lets see where we go from here.

I am guessing i will recieve something from Bryan Carter Shortly to offer to settle?

They have been sending the same template letter to everyone who submits a defence, their last ditch attempt at making people shut up and pay up. :nono:

They have 28 days to respond to the court and say whether they wish to proceed with the claim, otherwise it will be stayed and you won't be informed if that happens.

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Ok thanks again, will see what happens next.

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Hi,

Received a letter from Bryan Carter saying they are writing to formally confirm their clients intention to proceed, and will notify the court shortly.

Also they are offering to negotiate, and to contact them.

What are my next steps? ignore and wait for court letters or reply to them?

Thanks

[MIKE770]

Re: Bryan Carter - Lowell - Vanquis Debt

wait - just another template letter they send out by pressing button F all part of the freighters they seem to love (children they are)

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

yeah thought as much, so best just to wait or should I respond?

[FlamingParrot]

Re: Bryan Carter - Lowell - Vanquis Debt

Hi,

Received a letter from Bryan Carter saying they are writing to formally confirm their clients intention to proceed, and will notify the court shortly.

Also they are offering to negotiate, and to contact them.

What are my next steps? ignore and wait for court letters or reply to them?

Thanks

Hi

Just his generic template response to all defences, a last ditch attempt at trying to see if anyone bits. :nono:

One to be filed under "C". :grin:

Just wait for the N180 directions questionnaire from the court. :ranger:

yeah thought as much, so best just to wait or should I respond?

Not much point in responding. If they've not sent you any documents, then nothing has changed.

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Oke will wait until the N180 arrives then.

Thanks again!

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Ok received the N180 form yesterday and notice of proposed allocation to small claims track.

Any advice on how to complete the form would be most appreciated

Cheers

[spenni331]

Re: Bryan Carter - Lowell - Vanquis Debt

Hi,

Any help/advice completing the N180 would be most appreciated.

I also received a copy from Bryan Carter Solicitors of the completed claimants questionnaire. Is this to be expected?

Cheers Richard