** WON ** County Court Claim form from bryan carter solicitors in behalf of lowell

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

Was the POC on the claim form the usual finance and/or goods and/or services one?

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Was the POC on the claim form the usual finance and/or goods and/or services one?

Yes
yhe account number is on there so will fill that in,
like I said there wasn't an overdraft facility anyway it was a basic current account when he was a teenager!
will sort letter out and post to make sure I have it right
thank you

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Just looked on form that so wine else can sign it
presume it may normally be for solicitor however I am obviously dealing with this whole thing on his behalf due to his job.
so in the box I could just highlight (the defendent believes and leave in I am duly authorised by the defendant to sign this statement)? Shouldn't be an issue with it I presume ....?

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Court received defence approx 1 week ago and it was sent to bryan carter
Since they have text and left a recorded message asking me to get in touch.
Today i have received these letters one to me and the other a copy of what they have sent to the court.
guessing they want mediation to get some of the money?
What should i do? is it best to ignore as even if rest of defence falls through the apparent debt is SB'd?
Will the courts ask for my response now also.....?

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

You should next receive a directions questionnaire from the court to allocate the case to your local court for either directions or a hearing. Mediation is normal to agree to, however they usual don't get very far as your case is there are no documents to tell you what the claim is actually for.

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

Have received this letter?
Could do with some advice on how to fill it in?
Also will I be given an extension as husband is away with military so cannot fill it in?

[MIKE770]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

showing claim Number!!!!

[Amethyst]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

Have received this letter?
Could do with some advice on how to fill it in?

http://www.legalbeagles.info/forums/...l-Claims-Track

Also will I be given an extension as husband is away with military so cannot fill it in?

Can he digitally sign it on PDF ?

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

just realise I uploaded the unedited one, trying to do it on mobile as at work thank you.

Husband is military so literally middle of no where haven't even got any sort of communication with him as no signal/wifi etc wont be able to be contacted until after deadline
On previous forms I was able to sign for him under "legal friend" or something? can same apply to these? or is it best to call? or...

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

also it saysserve copies to all other parties. So do I send one copy recorded to brian Lowell etc and one to court?

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

**UPDATE** Brian Lowell last week sent me the attacthed letter stating the account was opened in 2003 which is correct but didnt default until 2009 therefore making it not statute barred. This is a complete lie! This is my husbands account i met him in 2007 at which time he banked with CO-OP as due to that account his credit rating was so bad he was unable to bank anywhere else, he had defaulted approx 2006 at the latest after going slightly overdrawn and they allwoed debts to build up though charges he couldnt pay. Do i just ignore this letter as this simply seems like a way of scaremongering?
Also received a letter from the court giving date of hearing as it has been allocated to small claims track and that a payment must be made. What do i need to do from here?
Any help appreciated

[FlamingParrot]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

**UPDATE** Brian Lowell last week sent me the attacthed letter stating the account was opened in 2003 which is correct but didnt default until 2009 therefore making it not statute barred. This is a complete lie! This is my husbands account i met him in 2007 at which time he banked with CO-OP as due to that account his credit rating was so bad he was unable to bank anywhere else, he had defaulted approx 2006 at the latest after going slightly overdrawn and they allwoed debts to build up though charges he couldnt pay. Do i just ignore this letter as this simply seems like a way of scaremongering?

The date they recorded a default has nothing to do with SBd, it's 6 years without payment or written acknowledgment. If this is an overdraft it may be a bit longer because he cause of action would be when they realise you're no longer going to pay into the current account, which could be months after your last payment, unlike loans and credit cards that have set repayment dates. However, 2006 was 8 years ago so there was plenty of time for the bank to recall the O/D more than 6 years ago. :thumb:

As you already have a court date, there's no need to respond to their letter at this stage.

Also received a letter from the court giving date of hearing as it has been allocated to small claims track and that a payment must be made. What do i need to do from here?
Any help appreciated

Just prepare for the hearing. In theory it should be THEM who would have to show the debt is not SBd, however, it would be good if you had anything showing this account hasn't been used since 2006, old statements, etc. You could even send a SAR as you have just over 40 days before the hearing, having said that most banks will argue they only have data for the past 6 years. Up to you if you don't mind paying £10 + postage, I'd probably send one.

The £55 fee is for the claimant to pay, not you. :grin:

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

Just read through completely and there is a leaflet attached regarding mitigation and how it would be appropriate to attempt this prior to hearing date. Would it be a good idea to ring and try to arrange this? or wjust wait for hearing date?
To submit a SAR do i have to write a specific letter? and what details would i need my husband has no information on this account as it was over 8 years ago and as far as he was concerned long gone! is there a template of some sort on another thread? I'm not very good at this learning this all as i go along!
And just reread about charge! silly me!
Would be happy to pay £10 if it at least means we have something more than my husband saying "i know nothing about this and havent been contacted regarding this a year or so shy of a decade! " as not sure how much they will tae his word even though the burden of proof is on claimant im guessing?
thank you!

[FlamingParrot]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

Just read through completely and there is a leaflet attached regarding mitigation and how it would be appropriate to attempt this prior to hearing date. Would it be a good idea to ring and try to arrange this? or wjust wait for hearing date?

Presumably this refers to mediation or alternative dispute resolution of some kind, basically settlement before court. I'd say if a debt is statute barred, you wouldn't want to be settling it so probably not applicable in this case.

To submit a SAR do i have to write a specific letter? and what details would i need my husband has no information on this account as it was over 8 years ago and as far as he was concerned long gone! is there a template of some sort on another thread? I'm not very good at this learning this all as i go along!

A SAR is a request for all data held about an individual under the Data Protection Act, so his name should suffice. Any additional info he can supply such as DOB (to avoid confusion with a similar name on the database) could help. The SAR should be sent to the bank, not Lowell or Bryan Carter who wouldn't have this information.

You can use this letter as a starting point: http://www.legalbeagles.info/forums/...765#post382765 :typing:

And just reread about charge! silly me!
Would be happy to pay £10 if it at least means we have something more than my husband saying "i know nothing about this and havent been contacted regarding this a year or so shy of a decade! " as not sure how much they will tae his word even though the burden of proof is on claimant im guessing?
thank you!

You're guessing right. :clap2: The burden IS on the claimant but it never hurts to be well prepared.

[chloe38]

Re: County Court Claim form from bryan carter solicitors in behalf of lowell

Sorry yes had my tired head on! it was a leaflet for mediation and on the first part of letter it said they thought that mediation was appropriate. However like you said we do not wish to settle and pay any of the bank charges made over 7/8 years ago!. Would this look bad on us for not trying at least or would it be good idea to call and see what they think?
Also if Bryan carter actually turn up to the hearing .. what should huband actually say? Would it be enough to simply say that he was aware he opened account in approx. 2003 but he stopped using the account in 2006 when he opened a bank account elsewhere and hasn't recieevd anything else since so had assumed the account was now closed.?
Want to make sure he doesn't put his foot in it.
Just sorting out SARS form now MANY thanks!!