court claim bryan carter

[george59]

hello all very new to this I received a court claim 2 weeks ago from bryan carter solicitors for Northampton court as I was on holiday I am late in replying.
it is for £1450 from llyods bank I have no clear memory of what its for but I cant dispute that I do not owe them anything because at the time I was going through a rough time but stopped using Lloyds at least 4 years ago.
please advise what I should do about replying late to the court as I do not need bailiffs calling & cant afford to pay this amount, many thanks

[FlamingParrot]

Re: court claim bryan carter

Welcome to LB!

hello all very new to this I received a court claim 2 weeks ago from bryan carter solicitors for Northampton court as I was on holiday I am late in replying.

You need to acknowledge the claim a.s.a.p. You have 14 days + 5 allowed for service from the date printed on the form. You should be able to do it online. :typing: State your intention to defend in full.

it is for £1450 from llyods bank I have no clear memory of what its for but I cant dispute that I do not owe them anything because at the time I was going through a rough time but stopped using Lloyds at least 4 years ago.

It's not a matter of disputing that you had the account but looking at your options. Was this for a current account overdraft?

please advise what I should do about replying late to the court as I do not need bailiffs calling & cant afford to pay this amount, many thanks

Acknowledge the claim a.s.a.p. :clock:

Even with judgment against you, you would still be able make an installment offer you can afford, lots of people get claims for several thousand and they can't be expected to pay it all in one go. :nono:

A CCJ doesn't give them automatic right to send bailiffs round, they'd have to go back to the court to apply for a warrant of execution, and they can only do that AFTER obtaining judgment, not at this stage. Although in theory it is possible to take this course of action, in reality bailiffs are not commonly used to recover consumer credit debts such as loans, credit cards and overdrafts, they are most commonly used to collect council tax, parking and magistrates fines. There's no need to worry about bailiffs at this stage anyway.:thumb:

Once you acknowledge the claim, you'll need to send a CPR 31.14 request for documents mentioned on the particulars of claim. See this for reference: http://www.legalbeagles.info/forums/...322#post418322

It should be noted that the CCA request wouldn't apply if this was an overdraft.

Any questions just shout! :director:

[george59]

Re: court claim bryan carter

thank you for helping so if I send the form back to the court even now with my income form should I make an offer to pay in small instalments. thank you

[FlamingParrot]

Re: court claim bryan carter

thank you for helping so if I send the form back to the court even now with my income form should I make an offer to pay in small instalments. thank you

No, don't do that yet, let's explore the options first. :thumb:

When you acknowledge the claim, you can tick a box stating your intention to defend it in full. This should give you a further 14 days in which to submit your defence. At the very least, it should buy you some time. :clock:

You can use this time to obtain documents (or not as the case may be, given BC are involved) and decide where you want to go from there. :decision:

You can make an offer later on if it comes to that, an installment offer can be made at any point, either before or after judgment has been obtained so don't worry about that for now. :nono:

If you return the admission forms with your income and an offer at this stage you'll get a CCJ! :scared: :scared: :scared:

[george59]

Re: court claim bryan carter

thanks for your help I will let you know how it ends .may I say what a great site pity the law cant act against these lowlife as quick as they do with us.cheers

[FlamingParrot]

Re: court claim bryan carter

Can you clarify what type of debt this is? Is it a current account overdraft or a loan or credit card? I can make a hell of a difference.