** WON ** DISCONTINUED *** Lowell / Bryan Carter Solicitors - advice please

[shirlthegirl]

Hello, I hope someone can help me out.

I received the standard claim form for Northamptom county court business centre in mid May. I submitted acknowledgement on 19th and sent a letter to Bryan Carter as per your pro forma CPR 31.14 request.

I have received this reply...

Date 22 May 2015

Dear shirlthegirl

We write further to your letter dated 19 May 2015 requesting disclosure under Part 31.14 of the Civil Procedure Rules.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and part 31 of the Civil Procedure Rules will therefore not apply. In any event the Notices of Default and Assignment left the control of the Claimant when they were despatched to you.

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we as you to refer to your own records.

We confirm our client is not agreeable to an extension for filing the defence.

As you will be aware a Claim was issued in this matter on 15 May 2015 and we are in receipt of your acknowledgement of service. Please respond to the Claim using the Response Pack provided by the Court. You should comply with the deadlines outlined by the Court in order to avoid a default Judgment being entered against you.

We recommend you seek independent legal advice.

Yours sincerely
Bryan Carter Solicitors

I recall having a credit card with the relevant body at some time but have no records of when or what credit arrangement. I suffered from CFS for a number of years and my whole life for that period is something of a vague place. Without any proof from Lowell / Bryan Carter of the details then I cannot be certain that this is my debt.

How do I proceed now? I have found your template letter to respond to theirs and have filled that out ready to post if indeed that is the correct next step.

My apologies if my question is rambling, I still don't always get my thoughts down in the right order.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Hi and welcome aboard

The letter you received is their standard template response to ALL CPR 31.14 requests. Although it is true the Part 31 of the CPR does not apply to the small claims track, the claim has not yet been allocated to any track, that only happens once you submit a defence. You will find a response to their letter here: http://www.legalbeagles.info/forums/...385#post410385

You need to make sure you don't miss your deadline to submit a defence, which is a maximum of 33 days from the date printed on the claim.

It would be useful if you could type up or scan (remove personal details) the particulars of claim. :typing:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Particulars of Claim:

The claimant's claim is for the sum of 944.31, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and lloyds under account ref xxxxxxx and assigned to the claimant on 30/06/2014, notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

And the claimant claims 944.31

The claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 65.83


Hope that helps Thanks so far.

I have filled in the letter you linked and will pop that in the post (recorded delivery) shortly.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Particulars of Claim:

The claimant's claim is for the sum of 944.31, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and lloyds under account ref xxxxxxx and assigned to the claimant on 30/06/2014, notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

And the claimant claims 944.31

The claimant also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to 65.83


Hope that helps Thanks so far.

I have filled in the letter you linked and will pop that in the post (recorded delivery) shortly.

You say above you recall having a credit card with Lloyds. Did you also have a current account with an overdraft? They mention an agreement regulated by the CCA which is more likely to relate to a credit card but Lowell/Carter don't always get that bit right.

If you had a credit card, did you also send a CCA request to Lowell? This wouldn't apply to a current account overdraft balance but would to a card or loan. :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I haven't done that - will do so as soon as I find the relevant template. Thank you. It will definitely be for a credit card as we still have a joint account with Lloyds with no problems.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

I haven't done that - will do so as soon as I find the relevant template. Thank you. It will definitely be for a credit card as we still have a joint account with Lloyds with no problems.

You'll find the CCA request here: http://www.legalbeagles.info/forums/...y-of-Agreement Ignore the 2007 date, it has been since updated. :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

You'll find the CCA request here: http://www.legalbeagles.info/forums/...y-of-Agreement Ignore the 2007 date, it has been since updated. :thumb:

Thank you for that, I had found it and sent it off on 1st June. No reply to that yet but today (6th June) I received a reply from Bryan Carter Solicitors:

Dear shirlthegirl

We write further to your letter dated 1 June 2015.

We reiterate the contents of the letter that you were sent on the 22 May 2015.

Documents will be provided in accordance with the courts directions.

We recommend you seek independent legal advice.

Yours sincerely
Bryan Carter Solicitors


What do I do next please?

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you for that, I had found it and sent it off on 1st June. No reply to that yet but today (6th June) I received a reply from Bryan Carter Solicitors:

Dear shirlthegirl

We write further to your letter dated 1 June 2015.

We reiterate the contents of the letter that you were sent on the 22 May 2015.

Documents will be provided in accordance with the courts directions.

We recommend you seek independent legal advice.

Yours sincerely
Bryan Carter Solicitors


What do I do next please?

That's a standard response meaning we're not disclosing any documents until
ordered to do so by the court, this is common now a s a response to CPR31.14,
whilst this refusal can be mentioned in WS and defence it has little impact as
the claim will be allocated to the small claims track and then CP31.14 will no
longer apply.

The CCA is more important as without it the claimant can't enforce the debt.

Have you checked your credit reference files these may show up account details that
maybe useful. Call Credit has a Free online credit ref. site called Noddle.

nem

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you for that,I had found it and sent it off on 1st June. No reply to that yet but today (6th June) I received a reply from Bryan Carter Solicitors:

Dear shirlthegirl

We write further to your letter dated 1 June 2015.

We reiterate the contents of the letter that you were sent on the 22 May 2015.

Documents will be provided in accordance with the courts directions.

We recommend you seek independent legal advice.

Yours sincerely
Bryan Carter Solicitors

What do I do next please?

Mr Carter always refuses to supply documents. You need to keep an eye on the timescales to file a defence. Your options are either to submit an unless order to get the court to make the disclose the documents or to file a generic defence based around their not having supplied you with anything to back up their claim. Give that the amount claimed is relatively small, it's probably best to opt for the generic defence, an example of which can be seen here: http://www.legalbeagles.info/forums/...t-Court-Claims

If the claim was dated the 15th of May as per one of the letters quoted above, your deadline will be the 17th of June: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

That gives you another 10 days. Lowell are not likely to send you anything in response to your CCA request before that time and there is no need to chase that request. Non compliance with a CCA request is a bar to enforcement, but only for as long as the breach remains. In other words, they can produce the document at a later date and at that time, it will have to be evaluated on its own merits.

Any idea when you took out the card and how you applied for it? When did you last make a payment (contractual or reduced)? A bit of history should help a lot. :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Not a clue when or how I took out the card - I suffered ME/CFS for a period between 2005 and 2013 and life is fuzzy for that time. Hubby checked our bank details and payments were made to a credit card in 2010 up to August 2011 but there is no reference to what account number - bank statements just show LTSB credit card.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Well, there has been no further correspondence on this so today I am going to prepare my defence - any help on how to do that would be very welcome.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I have done some searching about on the site and hope this is the right layout etc. Could someone please advise whether I should attach copies of the letters I sent and received regarding information? If so, do I list them as att 1, att 2 etc?

IN THE NORTHAMPTON COUNTY COURT (CCBC)
CASE No: XXXXXX
BETWEEN
Lowell Portfolio 1 Ltd
CLAIMANT
- and -
Shirlthegirl
DEFENDANT



Defence
1: I received the claim XXXXXX from the County Court Business Centre, 4^th Floor, St Katharine’s House, 21-27 St Katharine’s Street, Northampton, NN1 2LH on 18^th May 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Lloyds to Lowell Portfolio 1 Ltd on 30/06/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Lloyds served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 19^th May 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement and Default notice.

9. Bryan Carter Solicitors LLP have not sent any of these documents to me.

10. On the 1^st June 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

15. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Any feedback please? I don't want to get it wrong.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Ah well. sent it off - hope there were no huge errors.

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

No, it should be fine. :thumb:

Now it's just a waiting game, they have 28 days to tell the court whether they wish to proceed with the case, if they do the court will send both sides directions questionnaires. They will eventually be given directions to disclose documents before the trial if things get this far.

Do keep us posted. :typing: