Hello everyone,

[Astybelle]

Hi everyone,
This is a great and very helpful sight! It has helped me through so far dealing with Lowell Portfolio and Bryan Carter Solicitors.
I have received a Court Claim form which I have acknowledged and sent out CCA REQUEST and CPR request subsequently.

I have received a reply from Bryan Carter today with the "we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply." and about to send the "I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise." letter.

I have to loge my defence by the 5th October and have no idea how to to that?

Could anyone give me some advice please?

Thanks

[nemesis45]

Re: Hello everyone,

Hi everyone,
This is a great and very helpful sight! It has helped me through so far dealing with Lowell Portfolio and Bryan Carter Solicitors.
I have received a Court Claim form which I have acknowledged and sent out CCA REQUEST and CPR request subsequently.

I have received a reply from Bryan Carter today with the "we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply." and about to send the "I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise." letter.

I have to loge my defence by the 5th October and have no idea how to to that?

Could anyone give me some advice please?

Thanks

Hi Welcome to LB

A standard Carter template letter yo can remind Carter that CPR31.14 is still relevant until the claim is actually allocated to the SCT.

When did you send the CCA request Lowell, did you enclose the statutory £1 fee? Lowell had/has 12 + 2 working days to comply if they don't the debt is unenforceable until the agreement is provided.

We cannot advise on a defence without a full history of the debt.
e.g.

What type of account is this?
Who was the original creditor?
When was the account opened?
How much is claimed?
Do you know when the account was defaulted?
When was the last payment or written acknowledgment made on the account?

What are your grounds for defending the claim?

nem

[Astybelle]

Re: Hello everyone,

Hi Nemesis,

Thanks for your reply.

The CCA request was sent to Lowell on the 21st Sept and I did include the £1 postal order.

The account was a Vanquis credit card that I got in 2007.

The claim was originally for £3271 but with court fees and lowell dubious interest added on the court claim form it stands at £3789.

The account was defaulted in 2013 but can't remember exactly when, and last payment was made maybe April 2013?

I don't have access to the account any more so I am not a %100 on the dates.

My grounds for defending the claim are that first of all I never received a credit agreement for this account. Over the years I paid in excess of £3500 -£4000 in interest on a £3000 credit card so therefore I don't feel that I owe this amount any more.
I also believe that I was mis-sold this product as I was not in the financial situation that I could upkeep the payments on a high interest card without it causing further financial problems.

Would these reasons be valid ones that I could use?