HELP, received CCJ forms from Brian Carter today

[Adelesliwinski65]

I received CCJ forms from Brian Carter, spent hours on the phone with them...to avoid the CCJ I have to pay the whole amount off in 6 months , the bill has jumped from £1700 to £2225. They will do nothing it is either pay or get a CCJ, they wan £336 each month....I cannot afford that nor do I want a CCJ.
They do not listen to reason...this was originally a JD Willams account taken out in 2010, I paid PPI but after claiming they cancelled the PPI, I then lost my daughter and it all spiralled out of control.
I don't feel I have another choice but to pay them the money but god knows where I get it from.

[Kati]

Re: HELP, received CCJ forms from Brian Carter today

Were you taken to court?
Have you sent a CCA request - http://www.legalbeagles.info/forums/...y-of-Agreement ?

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

Hi, thank you for your reply,
No haven't been to court they lodge the claim on the 10th of November.
I haven't done a thing other than ring them and be pushed into paying it off over 6 months.

the particulars of the claim are as follows

This claim is for £1700, the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.
This debt was assigned to / purchased by Lowell Portfolio I Ltd
on the 31/03/2014 and noticed served pursuant to the law of property act 1925
and so on.
I have not requested anything from them as they have only given me 14 days from the date on the claim form to act.

[nemesis45]

Re: HELP, received CCJ forms from Brian Carter today

Good afternoon, welcome to LB,

I'm sorry to say you have made a mistake by phoning Carter before seeking advice!!
I hope you haven't put anything in writing yet by post or e-mail.

At present you don't even know if Carter ( whom I presume is acting for a company from the Lowell Group) has any documents
to prove the claim.

What you need to do now is acknowledge service of the claim online and state you intend to defend the claim in full.,

you do this on the Money Claim Online site (MCOL) do this asap.

Then you need to send Lowell a Request under sect. 78/79 of the Consumer Credit Act 1974 to get a copy of the agreement.
There is a £1 Statutory Fee to pay ( use a Postal Order endorsed " For Statutory Fee Only" Lowell has 12 + 2 Working Days to comply.

Failure to comply renders the debt unenforceable Until the agreement is supplied.
Use RM signed for post and check delivery date.

Now if you can please post a redacted copy of the claim form here, we can then advise more fully.
Please don't stress over this nothing has been proven, and Carter must think Christmas has come
early trying to get £336 a month without even knowing if you can afford that. If this did and it's not certain
that it will go to a hearing a judge will not order you to pay more than you can reasonably afford and not
over 6 month for sure.
Just seen what you have said about the particulars of claim, very vague make's me think they have no
documents to hand at all!

nem

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

sorry having trouble loading it onto here , bare with me

[Kati]

Re: HELP, received CCJ forms from Brian Carter today

sorry having trouble loading it onto here , bare with me

You can email it to me if it's easier (kati@legalbeagles.info) and I'll do it xx

[nemesis45]

Re: HELP, received CCJ forms from Brian Carter today

You can email it to me if it's easier (kati@legalbeagles.info) and I'll do it xx

Thank you Kati!!

nem

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

just nipping to the doctors will be back later, thank you

[nemesis45]

Re: HELP, received CCJ forms from Brian Carter today

just nipping to the doctors will be back later, thank you

OK!!

nem

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

Sorry can not upload the form but I will type it out now.

Claimant
LOWELL PORTFOLIO I LTD
ELLINGTON HOUSE
9 SAVANNAH WAY
LEEDS LS10

Court Address
COUNTY COURT BUSINESS CENTRE
4TH FLOOR ST KATHARINES HOUSE
21-27 KATHARINES'S STREET
ETC

Address for sending document
BRYAN CARTER SOLICITORS LLP
ETC

Particulars of the claim
THIS CLAIM IS FOR £1700, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/ OR GOODS.

THIS DEBT WAS ASSIGNED TO/PURCHASED BY
Lowell Portfolio I Ltd ON 31/03/2014 AND NOTICE SERVED PURSANT TO THE LAW OD PROPERTY ACT 1926

PARTICULARS
RE- JD Williams
A/c No XXXXXXX

AND THE CLAIMANT CLAIMS 1700.00

THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000.00 TO 136.00



AMOUNT CLAIMED £1836.00
COURT FEE £105.00
LEGAL REPRESENTATIVES COSTS £80.00
TOTAL AMOUNT £2021.00



this is the best i can do as my computer wont let me load the form onto here

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

forgive me for my stupidness, never used a forum before, thank you for your reply I will email it to you now, thanks again

[nemesis45]

Re: HELP, received CCJ forms from Brian Carter today

In addition to the previous advice.

Send Carter a Request made under Civil Procedure Rule 31.14 this is for the documents
mentioned in the particulars of claim in this case the agreement and Notice of Assignment.

There is no fee for this! You will find templates for this and the CCA request in the forum library.

This claim is extremely vague even for the muppets at Brian Carter LLP, really makes me think
they and their client have nothing to back this claim up.

Do you recall when the account was opened? Do you know the default date and/or when
the last payment was made to the account.

It may help you to check your credit reference files, Noddle is a free online service.

nem

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

If I defend this case is it not automatically a county court judgement ?
The account was opened in 2010
the last payments were in 2014

[Kati]

Re: HELP, received CCJ forms from Brian Carter today

forgive me for my stupidness, never used a forum before, thank you for your reply I will email it to you now, thanks again

got it xx

- - - Updated - - -

If I defend this case is it not automatically a county court judgement ?
The account was opened in 2010
the last payments were in 2014

If you defend ... it's DEFINITELY not an automatic CCJ
You need to acknowledge service online via MCOL (gives you extra time) and send off the CCA/CPR requests asap.

Try not to worry, you'll get lots of help and advice here on LB xx

[Adelesliwinski65]

Re: HELP, received CCJ forms from Brian Carter today

- - - Updated - - -



If you defend ... it's DEFINITELY not an automatic CCJ
You need to acknowledge service online via MCOL (gives you extra time) and send off the CCA/CPR requests asap.

Try not to worry, you'll get lots of help and advice here on LB xx[/QUOTE]

Thank you I have just requested extra time to prepare a defence