Court Caste Lowell/Bryan Carter - Worried sick

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Thanks for replying everyone

I've not heard back from Carters/Lowell but I'm filling my application form out now and about to draft my witness statement to attach to it. I have a few questions

In section 3 I have said

An order that the default judgment in this case be set aside under CPR13.3. I was unaware that I needed to submit a witness statment to the court pursuant to an order dated 20th May 2015 and only submitted one after receiving one from the claimaints solicitors on the 18th September 2015

Does that sound OK?

Question 5 on the form asks "How do you want to have this application dealt with?" I've been reading that you should usually just tick without a hearing. Is this correct? The demo form flamingParrot linked me to has hearing ticked. Unsure what to do here.

If I do tick at a hearing, what level of judge do I need?

Also, when I send this off, do i send the £155 payment with it or do I wait until Carter/Lowell agree or disagree to the request?

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

My concern is that they are now aware that I am seeking to have their default judgement overturned and will rush something through in an attempt to beat me to filing my N244

But I guess I can rest a bit easier now.

What could they rush through?

Hi guys, quick question

I have written to BC/Lowell and am awaiting a response.

The court says I should pay the default judgement by the 23rd October. I'm concerned that BC/Lowell will make efforts to enforce this sooner? Is that possible?

No, they can't just enforce a judgment by themselves. They'll have to apply to the court for either an attachment of earnings order (only applicable if you work for an employer) or a warrant of control. Their applications wouldn't be considered before the date set by the court and either way, you'd receive notice if they were to apply to enforce after that date. Do get your N244 in as soon as you can, the court also takes into account how promptly you acted in requesting a set aside as soon as you were aware of the judgment. :thumb:

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

My concern is that they are now aware that I am seeking to have their default judgement overturned and will rush something through in an attempt to beat me to filing my N244

But I guess I can rest a bit easier now.

Makes no odds get the set aside application in, line up your defence to the
original claim.
nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

If you pay by the 23rd the judgement wont be recorded.

Carter should remind you that the judgement amount is payable.
If you have not heard by Thursday e-mail Carter with a chase up.

nem

My concern is that they are now aware that I am seeking to have their default judgement overturned and will rush something through in an attempt to beat me to filing my N244

But I guess I can rest a bit easier now.

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Hi guys, quick question

I have written to BC/Lowell and am awaiting a response.

The court says I should pay the default judgement by the 23rd October. I'm concerned that BC/Lowell will make efforts to enforce this sooner? Is that possible?

If you pay by the 23rd the judgement wont be recorded.

Carter should remind you that the judgement amount is payable.
If you have not heard by Thursday e-mail Carter with a chase up.

nem

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

As far as i am aware, no enforcement can be taken before a date set by the court so you should be ok. I am positive someone will pop up soon and confirm

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Hi guys, quick question

I have written to BC/Lowell and am awaiting a response.

The court says I should pay the default judgement by the 23rd October. I'm concerned that BC/Lowell will make efforts to enforce this sooner? Is that possible?

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Thanks for all your replies everyone. I was knocked sick by this yesterday and genuinely thought I was going to have a heart attack at one point. I'm feeling better today though so I'm on this now to try and get it rectified.

The whole subject of live accounts being sold has been discussed at great length on many forums . The consensus is that a live account can only be sold to someone with the appropriate licence however many companies do contract out debt collecting to DCA's. particularly utility companies when the account is still live .Sometimes it is a day or so before you are contacted. I was contacted a few years ago by the lovely BCW for about £20 owed to Eon

I know in this case that the debt was sold under the presumption that the account had defaulted. They may very well have sent a default notice but I don't recall ever getting one and I'd been on the phone a number of times to the original creditor to keep them appraised of my work situation. Had one arrived on my door, especially around the time that I'd been offered employment starting in October 2013 I would have made attempts to put things right like I had with other creditors. In fact, my first pay day I started clearing my OD with the bank and other bills; I wouldn't have just left this.

My point though has been that I can't get an answer as to when the account was defaulted. The best I can go by is what BC sent in their witness statement which doesn't exactly say when the account was considered defaulted but did say that the account had "fell into default" on the 2nd October - to my mind, that sounds like the time at which notice should have been sent to me and I could have rectified the issue then. I don't think I'll ever get an answer

I'm writing to BC today to ask if they'll agree to a set-aside, I'm not holding my breath though

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

The whole subject of live accounts being sold has been discussed at great length on many forums . The consensus is that a live account can only be sold to someone with the appropriate licence however many companies do contract out debt collecting to DCA's. particularly utility companies when the account is still live .Sometimes it is a day or so before you are contacted. I was contacted a few years ago by the lovely BCW for about £20 owed to Eon

Sorry, I should have clarified, I was referring to accounts regulated by the CCA where there is a requirement for a DN before the account is terminated and sold or passed on for collection. Water companies can't disconnect you so the account stays live (although they do try the empty property letter trick ) but they do pass on the arrears to debt collectors.

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

The whole subject of live accounts being sold has been discussed at great length on many forums . The consensus is that a live account can only be sold to someone with the appropriate licence however many companies do contract out debt collecting to DCA's. particularly utility companies when the account is still live .Sometimes it is a day or so before you are contacted. I was contacted a few years ago by the lovely BCW for about £20 owed to Eon

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Bernie has made an intersting point

for example how can you sell a live credit card account to a DCA when a DCA does not allow credit facilities??

Debt purchasers as opposed to Debt Collection Agencies.

I should think a live account can't be assigned to either of the above, just to another company running credit cards such as Egg selling to Barclaycard, Citi to Opus, etc.

A live account couldn't be passed on to a DCA for collection either.

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Bernie has made an intersting point

for example how can you sell a live credit card account to a DCA when a DCA does not allow credit facilities??

Debt purchasers as opposed to Debt Collection Agencies.

nem

[judgemental24]

Re: Court Caste Lowell/Bryan Carter - Worried sick

As far as I am aware, an account has to be terminated prior to sale because debt purchasers do not have a CCL that allows them to provide ongoing credit. if an agreement does not have a way of contractually terminating the agreement without the need for a DN then the agreement should not be sold without a DN then termination.
Of course with a fixed term loan , and that can be a bank loan or a PDL once the term is up the agreement can be terminated and hence sold.

Bernie has made an intersting point

for example how can you sell a live credit card account to a DCA when a DCA does not allow credit facilities??

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

As far as I am aware, an account has to be terminated prior to sale because debt purchasers do not have a CCL that allows them to provide ongoing credit. if an agreement does not have a way of contractually terminating the agreement without the need for a DN then the agreement should not be sold without a DN then termination.
Of course with a fixed term loan , and that can be a bank loan or a PDL once the term is up the agreement can be terminated and hence sold.

Yes, s.87 of the CCA says that a DN is required before the creditor can terminate the agreement:

87 Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—

(a)to terminate the agreement, or

A DN must give the specific date by which the account must be returned to " normal " status not just stating " 14 days " to remedy the default.

Yes, they need to give a date, however, as per my post above, if the defendant hasn't got their own copy of the DN, there will be no way of establishing whether it was compliant or not because the banks don't keep copies, just records of when they were sent, but not what the actual wording on the DN was. Sadly most people wouldn't have kept their DNs.

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

A DN must give the specific date by which the account must be returned to " normal " status not just stating " 14 days " to remedy the default.

nem