Court Caste Lowell/Bryan Carter - Worried sick

[Berniethebolt]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Credit agreements generally allow the creditor to pass/sell/assign an delinquent account when they see fit even if not actually defaulted as we see with many PDL debts.

nem

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.

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Then what exactly does s87 of the CCA cover? I would have to see the terms and conditions of the agreement to discover that for myself however, I'm assuming from their statement that they're working to the usual procedure of following a default notice by issuing one when the account fell into default status; I should, surely, be given the opportunity to rectify that within 14 days, no?

Yes, you should have received a DN giving you at least 14 days, making an allowance for service. If you had your own copy then we could see whether it allowed enough time and whether the amount you were asked to pay was correct, unfortunately most banks won't have a copy of the actual letter, just a record that the letter was sent. :mmph:

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Credit agreements generally allow the creditor to pass/sell/assign an delinquent account when they see fit even if not actually defaulted as we see with many PDL debts.

nem

Then what exactly does s87 of the CCA cover? I would have to see the terms and conditions of the agreement to discover that for myself however, I'm assuming from their statement that they're working to the usual procedure of following a default notice by issuing one when the account fell into default status; I should, surely, be given the opportunity to rectify that within 14 days, no?

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Exactly. And since I don't have a copy I can only go by what they've said in their witness statement which is that the account fell into default, not defaulted, on the 2nd October 2013 and a notice was sent at that time. Which then puts them in breach of s87 of the CCA by selling/disposing of the account to Lowell

Credit agreements generally allow the creditor to pass/sell/assign an delinquent account when they see fit even if not actually defaulted as we see with many PDL debts.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

As previously stated, most banks do not retain copies of DNs, however, they do issue them, so a judge may find that, on the balance of probabilities, there would have been a DN. Some DNs are defective but you'd need to have your own copy to be able to establish that.

Exactly. And since I don't have a copy I can only go by what they've said in their witness statement which is that the account fell into default, not defaulted, on the 2nd October 2013 and a notice was sent at that time. Which then puts them in breach of s87 of the CCA by selling/disposing of the account to Lowell

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

My concern is that they judge looking at the set aside application would simply dismiss it on the grounds that i've supposedly not read the court instructions properly. I will admit that I've apparently missed something somewhere but the only paperwork I have has a date for a hearing on it only. I assume I've simply misplaced the second page but I can't be sure.

I was hoping that I could say that I did not see that my witness statement was required, (since I'd filed a defence and the lack of documentation from the claimaints pretty much meant my original defence stood), and that I only put together a document after receiving a witness statement from BC - which itself did not arrive at my house until the 18th putting them out of time. However, speaking to the court it seems that they filed it with the court on the 16th, clearly sent special next day delivery, so whether they'd believe me is another thing altogether.

Did you ever receive any paperwork from the court requiring you to file a witness statement? If not, you couldn't have been expected to file one.

My hopes are pinned to the fact that the Claimants have failed to provide information under the CPR/CCA guidelines and therefore the claim shouldn't stand. Alternatively, the lack of a DN or a date should also raise concerns.

As previously stated, most banks do not retain copies of DNs, however, they do issue them, so a judge may find that, on the balance of probabilities, there would have been a DN. Some DNs are defective but you'd need to have your own copy to be able to establish that.

Being in breach of a s.78 CCA request is, however, a bar to enforcement and this should definitely be a key point in your defence. :thumb:

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

If the court accepts the judgement was " unfair " there would be no fee.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Sorry, one more question, if they agree to the set aside application, do I still have to pay the fee?

I doubt they will anyway since they've been nothing but an absolute shower since they got in touch with me

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Thanks nem. I probably edited my last post while you were replying. When/if I do make the N244 application do I need to request an order to prevent bc/Lowell from enforcing it?

Also, when I write to BC to request their agreement how long should I give them to respond? I only ask because it seems the court don't look to favorably on people filling them a couple of weeks after the judgement and I.don't want them running the clock down to waste time to make the judgement enforceable.
Time sale Within 7 Calendar days fom the date on your letter.
Just ask the court to review the judgement on its own authority ( meaning without a hearing)

nem

Do you really think they'd be willing to set aside though?

Maybe I'm being dumb but what could potentially happen that Andrew Bartle would want to avoid?

Bartle has the authority to instruct Carter.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

Thanks nem. I probably edited my last post while you were replying. When/if I do make the N244 application do I need to request an order to prevent bc/Lowell from enforcing it?

Also, when I write to BC to request their agreement how long should I give them to respond? I only ask because it seems the court don't look to favorably on people filling them a couple of weeks after the judgement and I.don't want them running the clock down to waste time to make the judgement enforceable.

Do you really think they'd be willing to set aside though?

Maybe I'm being dumb but what could potentially happen that Andrew Bartle would want to avoid?

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'm going to work on the witness statement for the N244 tonight. I'll mention the failure to comply with CCA and that the witness statement timing was an oversight got which I am deeply sorry.

Reading the link flamingParrot posted just before it seems like I should apply to BC to agree to the set aside? Or can I just apply without consulting them? I'd highly doubt that shower would agree anyway

Yes put it to Carter in the same terms, a suggestion that has been successful a few times when over sights have
left LIP's at a disadvantage copy the letter to Andrew Bartle the Chief Operating Officer at the Lowell Group
hes was the " head of collections" for years and knows what can happen.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I'm going to work on the witness statement for the N244 tonight. I'll mention the failure to comply with CCA and that the witness statement timing was an oversight got which I am deeply sorry.

Reading the link flamingParrot posted just before it seems like I should apply to BC to agree to the set aside? Or can I just apply without consulting them? I'd highly doubt that shower would agree anyway

Also, should I make any requests to stop Lowell BC from enforcing judgement or will that be automatic one the n244 is submitted?

[nemesis45]

Re: Court Caste Lowell/Bryan Carter - Worried sick

My concern is that they judge looking at the set aside application would simply dismiss it on the grounds that i've supposedly not read the court instructions properly. I will admit that I've apparently missed something somewhere but the only paperwork I have has a date for a hearing on it only. I assume I've simply misplaced the second page but I can't be sure.

I was hoping that I could say that I did not see that my witness statement was required, (since I'd filed a defence and the lack of documentation from the claimaints pretty much meant my original defence stood), and that I only put together a document after receiving a witness statement from BC - which itself did not arrive at my house until the 18th putting them out of time. However, speaking to the court it seems that they filed it with the court on the 16th, clearly sent special next day delivery, so whether they'd believe me is another thing altogether.

My hopes are pinned to the fact that the Claimants have failed to provide information under the CPR/CCA guidelines and therefore the claim shouldn't stand. Alternatively, the lack of a DN or a date should also raise concerns.

My personal feeling is that your defence had a reasonable chance of success but due to confusion ( which is not uncommon with inexperience litigants in person) your witness statement was late, + the point that you mention non compliance with a CCA request means the debt was at that point unenforceable put forward asap to the court should hopefully get the summary judgement reversed.

nem

[illustriousmuz]

Re: Court Caste Lowell/Bryan Carter - Worried sick

My concern is that they judge looking at the set aside application would simply dismiss it on the grounds that i've supposedly not read the court instructions properly. I will admit that I've apparently missed something somewhere but the only paperwork I have has a date for a hearing on it only. I assume I've simply misplaced the second page but I can't be sure.

I was hoping that I could say that I did not see that my witness statement was required, (since I'd filed a defence and the lack of documentation from the claimaints pretty much meant my original defence stood), and that I only put together a document after receiving a witness statement from BC - which itself did not arrive at my house until the 18th putting them out of time. However, speaking to the court it seems that they filed it with the court on the 16th, clearly sent special next day delivery, so whether they'd believe me is another thing altogether.

My hopes are pinned to the fact that the Claimants have failed to provide information under the CPR/CCA guidelines and therefore the claim shouldn't stand. Alternatively, the lack of a DN or a date should also raise concerns.

[FlamingParrot]

Re: Court Caste Lowell/Bryan Carter - Worried sick

I've just read that with an N244 the application to set aside has to be given if there are grounds to believe that the defendant has a solid defence. Can someone please confirm that for me? I'm going out of my mind here!

There are cases where the court must set aside the judgment and others where it has discretion. The mandatory grounds would be if the debt had been paid in full or if default judgment had been obtained even though you had acknowledged service and/or filed a defence within the timescales. The court may agree to set aside a judgment when there is a viable defence.

You may want to look at this post for full details about the N244 and what else you need to attach to it such as your witness statement, draft order and draft defence. Do take a look and post up any questions: http://legalbeagles.info/library/how...-judgment-ccj/ :thumb: