*WON* Received court claim from Bryan Carter

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Do i send the letters to Brian Carter solicitors? Thats whats on the claim form.

Thanks saw the last post, am on the case now.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Thank you for your reply.

Do you have templates of the letters I need to send please. also I think a postal order rather than a cheque to send them?

Yes I have had letters.


Sorry can see the templates now.

Most people send POs, I've not had cheques in years!

Yes, the templates are linked to from post #4 above. :thumb:

The CCA request is the one with the £1 fee.

The 2nd letter I just ask for the the Notice of Assignment and the Default Notice? as im asking for the agreement in the 1st letter?

No, you can also ask for it on the CPR request because it's mentioned on the particulars of the claim. This is a request under the Civil Procedure Rules for all documents mentioned on the particulars which I've highlighted below:

• The agreement
• The notice of assignment
• The default notice

This letter goes to Mr Carter. He should respond in 7 days :flypig: (he won't). :ohwell:

The CCA request is a request under s.78 of the Consumer Credit Act for a copy of your agreement and should be sent to Lowell not to Mr Carter. They are supposed to respond in 12+2 working days :flypig: (but never ever do). :mmph:

It's all part of the process that needs to be followed. Both should be sent recorded delivery. :thumb:

it says the sun of £2182.38 with interest of 174.58, court fee of 105.00 and solicitors costs of 80.00 making 2541.96. i have no idea of how much I paid, not much I'm afraid.

"the claiments claim is for the sum of £2182.38 being monies due from the defendant to the claiment under an agreement regulated by the consumer credit act of 1974 and Aqua
under account ref..........
and assigned to the claiment on 24/08/2012 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 and not complied with

and the claiment claim £2182.38

the claiment also claims statutory interest............................ of £174. 68."

I have never had an agreement with them as I ignored all letters from them , I had an agreement with Aqua. I have buried my head in the sand.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

The 2nd letter I just ask for the the Notice of Assignment and the Default Notice? as im asking for the agreement in the 1st letter?

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thank you for your reply.

Do you have templates of the letters I need to send please. also I think a postal order rather than a cheque to send them?

Yes I have had letters.

- - - Updated - - -

Sorry can see the templates now.

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

it says the sun of £2182.38 with interest of 174.58, court fee of 105.00 and solicitors costs of 80.00 making 2541.96. i have no idea of how much I paid, not much I'm afraid.

"the claiments claim is for the sum of £2182.38 being monies due from the defendant to the claiment under an agreement regulated by the consumer credit act of 1974 and Aqua
under account ref..........
and assigned to the claiment on 24/08/2012 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 and not complied with

and the claiment claim £2182.38

the claiment also claims statutory interest............................ of £174. 68."

I have never had an agreement with them as I ignored all letters from them , I had an agreement with Aqua. I have buried my head in the sand.

Lowell has bought the debt and all the rights to including making this claim.
So you have had letters from Lowell leading up to the claim being issued.

Now things to do:

Acknowledge Service of the Claim you can do this online at Money Claim Online stae intention to defend.

You need to send a Request to Lowell for a copy of the agreement (CCA Request) a £1 statutory fee is payable ( use a cheque or postal order endorsed " for statutory fee only" Lowell has 12 + 2 Working Days to comply. Use template from the forum library.

Next A request made under Civil Procedure Rule 31.14 to Carter this is for the documents mention on the claim for in the Particulars of Claim i.e. The agreement, the Notice of Assignment and the Default Notice, there is no fee for this and use the template from the forum library. A nominal 7 days for compliance.

Get the request letters sent on Monday.


nem

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thank you for your help .

I opened an Aqua credit card in 2006, the last payment i made was in abt Sep or towards the end of 2007, and came to arrangement in may of 2008 to pay a £1 a month then that went up to £5 a month.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

From County Court Business centre.... this is for an old credit card debt from Aqua which I was paying £5 a month until 2012 when Lowell brought the debt from Aqua though I continued paying £5 by standing order until 2013, never any acknowledgement of payment though from either Lowell or Aqua. The debt is from 2007.

Any idea when in 2007? Before or after April 6th? I don't mean to sound pedantic, there is a reason for asking that question.

Can someone advise what I should do next?

Acknowledge the claim to start with. Full instructions here: http://www.legalbeagles.info/forums/...313#post499313

Fill in the form of admission?

NOPE! :hand: :hand: :hand: If you do that, you'll get a CCJ (judgment by admission). :scared: :scared: :scared:

Do I need to give my employment details, I really dont want them to have them? I work part time, a single mom of 1. Would they take it further for a ccj? Why did they not do this years ago? Am quiet worried. Thank you.

That's what we're trying to avoid. Below are the first steps 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)

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

it says the sun of £2182.38 with interest of 174.58, court fee of 105.00 and solicitors costs of 80.00 making 2541.96. i have no idea of how much I paid, not much I'm afraid.

"the claiments claim is for the sum of £2182.38 being monies due from the defendant to the claiment under an agreement regulated by the consumer credit act of 1974 and Aqua
under account ref..........
and assigned to the claiment on 24/08/2012 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 and not complied with

and the claiment claim £2182.38

the claiment also claims statutory interest............................ of £174. 68."

I have never had an agreement with them as I ignored all letters from them , I had an agreement with Aqua. I have buried my head in the sand.

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

Hi welcome to LB
Ok can you either post a redacted copy of the claim form, or type
it in please.
So far we have an Account with Aqua opened in 2007, and payments
of £5 per month from when in until when in 2012? Then a further £5
until when in 2013.
So have you any idea how much you have paid so far/

How much is the claim for?

We need this information to advise fully!

nem