Received CCJ Claim Form

[ralph1978]

Hi today I received a Claim Form today for a CCJ from Lowell using Bryan Carter Solicitors what can I do as it's from a debt from Next the amount is for £462.11 can I send a CCA request or do I contact Bryan Carter and offer them monthly payments?

[FlamingParrot]

Re: Received CCJ Claim Form

Hi today I received a Claim Form today for a CCJ from Lowell using Bryan Carter Solicitors what can I do as it's from a debt from Next the amount is for £462.11 can I send a CCA request or do I contact Bryan Carter and offer them monthly payments?

Hi and welcome

I would suggest attempting to defend the claim given how much these guys struggle to find the documents they'd need in court. If, further down the line it looks like they've got everything covered, you could then look into offering monthly payments. :thumb:

Below are the first steps to take upon receipt of a claim:

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)

Start by acknowledging the claim which you should be able to do online, as noted here: http://www.legalbeagles.info/forums/...313#post499313 :typing: You need to tick the box that say you will defend the whole claim.

It would be useful if you could type up the particulars of the claim and tell us a bit more about this account, when did you open the Next account and when did you last make a payment?

[nemesis45]

Re: Received CCJ Claim Form

Hi today I received a Claim Form today for a CCJ from Lowell using Bryan Carter Solicitors what can I do as it's from a debt from Next the amount is for £462.11 can I send a CCA request or do I contact Bryan Carter and offer them monthly payments?

Please give us some history of the debt,
When was the account opened?
Do you know when it was defaulted?
When was the last payment made to the account.

Do you have a reasonable chance of defending the claim


nem

[Berniethebolt]

Re: Received CCJ Claim Form

Ralph

By following the points suggested by Flaming Parrot you are just trying to ensure that the claimants have the legal right to claim.

You can at any point make an arrangement to pay (if they will let you i.e they agree your proposal is reasonable) but for the cost of a couple of stamps and a £1 postal order surely its worth checking

When and how was the account opened, can you remember ?

[ralph1978]

Re: Received CCJ Claim Form

Hi thanks for all of your information I'm new and don't know how to use a forum properly so I shall send a CCA request and enclose a postal order for £1 but before that I go online and acknowledge the claim? That will then give me 28 days instead of 14? I don't know when the last payment was on the account but I do know that the paperwork has a date on it of 31/10/2013 I'm rubbish at this

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Do I send the CCA to the claimant which is Lowell or the address for sending payments and documents which is Bryan Carter Solicitors? Thanks for all your help

[nemesis45]

Re: Received CCJ Claim Form

Hi thanks for all of your information I'm new and don't know how to use a forum properly so I shall send a CCA request and enclose a postal order for £1 but before that I go online and acknowledge the claim? That will then give me 28 days instead of 14? I don't know when the last payment was on the account but I do know that the paperwork has a date on it of 31/10/2013 I'm rubbish at this

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Do I send the CCA to the claimant which is Lowell or the address for sending payments and documents which is Bryan Carter Solicitors? Thanks for all your help

1. Acknowledge service of the claim online at MCOL money claim online, and intention to defend in full.

2. CCA request direct to the claimant, £1 fee a Postal Order endorsed for statutory fee only. there is a template in the forum library. use signed for post. Check delivery date the 12 + 2 Working Days for compliance starts then.

3. CPR 31.14 request to the solicitors for the documents mentioned in the particulars of the claim only. There is no fee for this. There is a nominal 7 day timescale for compliance.

What paperwork has a 31/10/ 2013 date on it?

nem

[ralph1978]

Re: Received CCJ Claim Form

It says ... regulated by the consumer credit act 1974 between the defendant and NEXT under account reference ******** and assigned to the claimant on 31/10/2013, notice of which has been given to the defendant.

[FlamingParrot]

Re: Received CCJ Claim Form

Hi thanks for all of your information I'm new and don't know how to use a forum properly so I shall send a CCA request and enclose a postal order for £1 but before that I go online and acknowledge the claim? That will then give me 28 days instead of 14?

Yes, your first step should be to acknowledge the claim and state you want to defend the whole claim. You get an extra 28 days + 5 allowed for service, a total of 33 days from date printed on the claim form. :typing:

I don't know when the last payment was on the account but I do know that the paperwork has a date on it of 31/10/2013 I'm rubbish at this

It says ... regulated by the consumer credit act 1974 between the defendant and NEXT under account reference ******** and assigned to the claimant on 31/10/2013, notice of which has been given to the defendant.

Sounds like the date refers to the date it was assigned. Would you say you last paid more than six years ago? If so it could be statute barred, that's the reason for asking that question.

Do I send the CCA to the claimant which is Lowell or the address for sending payments and documents which is Bryan Carter Solicitors? Thanks for all your help

CCA request to Lowell with £1 PO. They should respond in 12+2 working days, although that will never happen in practice, their lack of compliance can be used in your defence. :thumb:
CPR request to Carter (no fee required). He should respond in 7 days. He never sends any documents, only excuses, but you have to follow the process so you can mention it all in your defence.

Send both letters recorded delivery. :typing:

[Berniethebolt]

Re: Received CCJ Claim Form

That means that the account was sold on that date to Lowells
In your CPR request you can ask for a copy of the agreement and the notice of assignment.

Does it mention default notices at all, if so you can ask for that as well

As has been said under CPR31.14 you can only ask for documents mentioned in the particulars of claim which is why people have been asking you to type them up

[ralph1978]

Re: Received CCJ Claim Form

Hi guys I sent both those requests by recorded delivery today, once I hear back from them what do I then do with the letters I receive? How do I actually defend my claim?

[FlamingParrot]

Re: Received CCJ Claim Form

Hi guys I sent both those requests by recorded delivery today, once I hear back from them what do I then do with the letters I receive? How do I actually defend my claim?

Post up as soon as you get a reply, however knowing who we are dealing with, Lowell are not very likely to respond, however, there is no need to chase the CCA request as non-compliance is a bar to enforcement.

With the CPR request, I can almost type up the text of the letter Carter will reply with, when he does do post up. :typing: Keep an eye on the calendar, the CPR request should be replied to in 7 days, if you don't hear from him you need to chase that one up.

Neither of them is likely to produce any paperwork before your defence is due, so you will end up submitting a generic defence saying you did not receive the documents. For now you've got about 10 days before you need to look at chasing up the CCA request as it would be 7 days from date of receipt (probably Monday). :ranger:

[ralph1978]

Re: Received CCJ Claim Form

Hi so if non compliance is bar to enforcement does that mean they can't give me the CCJ? Also how do I submit my defence is it by post or can I do it online? As soon as I get any replies I will post it up here asap for you I appreciate you helping me with this

[FlamingParrot]

Re: Received CCJ Claim Form

Hi so if non compliance is bar to enforcement does that mean they can't give me the CCJ?

Hi

As long as they are in default of your request, they won't be able to get judgment in their favour, but you have to submit a defence stating that fact. The whole process does go on a bit and in some cases they may find the documents by the time it gets to a hearing, however, it doesn't happen very often.

Also how do I submit my defence is it by post or can I do it online? As soon as I get any replies I will post it up here asap for you I appreciate you helping me with this

You can submit your defence online on the MCOL website. :typing:

[Kati]

Re: Received CCJ Claim Form

defence can be put in via MCOL [MENTION=55034]nemesis45[/MENTION] or [MENTION=37786]FlamingParrot[/MENTION] will be able to advise on the rest xx

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beat me to it FP xx

[ralph1978]

Re: Received CCJ Claim Form

Ok I still haven't received a reply from Lowell regarding my cca request so do I start my defence now?

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I spoke to somebody at bryan carter and he said that I had until next Friday to submit my admission form otherwise I'll still get judgement and an extra £40 fee to pay on top for administration charges I'm confused