Lowell/Bryan Carter claim form

[polly12]

Hi all,
I received a mcol claim form back inb April 2016 I have acknowledged this and sent the relevant cca/cpr request (they were not replied to within the time scale requested) I was sent some paperwork on this claim a week or two back which to all intense & purposes looks made up. However it is now at the stage of being allocated to Court for a hearing on 29th November, the claim is for £343.60 with added interest making a total of £457.88, it is for a debt from Shop Direct that was defaulted on in 2011. I was wondering if it is possible for me to make a request to pay this debt off or is it to late for this now, to be honest I probably do owe the debt however many more important things where happening at the time & I totally ignored it. It is the only thing on my credit file & is due to drop off in Jan 2017 (not long now) I dont really want to obtain a ccj and would now like to see the end of this debt for good. Could I send a letter of offer without actually admitting the debt.

Many thanks

[nemesis45]

Re: Lowell/Bryan Carter claim form

Hi all,
I received a mcol claim form back inb April 2016 I have acknowledged this and sent the relevant cca/cpr request (they were not received within the time scale requested) I was sent some paperwork on this claim a week or two back which to all intense & purposes looks made up. However it is now at the stage of being allocated to Court for a hearing on 29th November, the claim is for £343.60 with added interest making a total of £457.88, it is for a debt from Shop Direct that was defaulted on in 2011. I was wondering if it is possible for me to make a request to pay this debt off or is it to late for this now, to be honest I probably do owe the debt however many more important things where happening at the time & I totally ignored it. It is the only thing on my credit file & is due to drop off in Jan 2017 (not long now) I dont really want to obtain a ccj and would now like to see the end of this debt for good. Could I send a letter of offer without actually admitting the debt.

Many thanks

Hello Polly.

Before making any offers please let us see what they have provided as an agreement, remove your name address etc. and post here so we can see if it's all it's made out to be.

If you have a problem doing this I sure the expert [MENTION=49370]Kati[/MENTION] will be able to help.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

I will have to post on seperate threads as the file is too large to uploads, this is the claimant witness statement

- - - Updated - - -

Copy of Credit Agreement

[polly12]

Re: Lowell/Bryan Carter claim form

Attachments that came with Witness Statement

- - - Updated - - -

Court date allocation letter

[polly12]

Re: Lowell/Bryan Carter claim form

sorry to be a pain but any help with this would be appreciated.

[charitynjw]

Re: Lowell/Bryan Carter claim form

Hi polly 12

On what basis did you defend this claim?

[polly12]

Re: Lowell/Bryan Carter claim form

Particulars of Claim

1.The claimant's claim is for the sum of £343.60 being monies due from the defendant
to the shop direct finance company ltd under account ref .........

2.And assigned to the claimant on 17/01/2011 notice of which has been given to the defendant.

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

4.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984
at a rate of 8.005 per annum. a daily rate of £0.08 from the date of the assignment
of the agreement to to 17/01/2012 being an amount of £29.28

My Defence

The defendant contend that the particulars of the claim are vague and generic in nature. The defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1.Paragraph 1 is noted.It is accepted that I have had dealing with Shop Direct in the past but any alleged balance is and remains in dispute.

2.Paragraph 2 is denied as I am not aware of any legal assignment or notice of assignment allegedly served.

3. Paragraph 3 is denied.I am unable to recall any of the precise details of the alleged agreement or any default notice served in breach of defaulted payments.As the claimants plead in their particulars with precise knowledge of the default then they are put to strict proof to evidence such fact.

4. On the 05/05/2016 (sent by recorded delivery) I requested information to this claim by way of a CPR 31.14 request and a section 78. The claimant has declined to respond to that request and remains in default of the section 78 request and until such compliance is unable to request any relief connected to the alleged agreement.

5. On the 26/04/206 (sent by recorded delivery) I also requested a information pertaining to this claim by way of a CCA Request. The claimant has failed to respond to that request and until such compliance is unable to request any relief connected to the alleged agreement.

(a) Show how the defendant has entered into an agreement;
(b) Show how the Claimant has reached the amount claimed for, and
(c) Show how the Claimant has the legal right to, either under statue or equity to issue a claim.

6. As Civil Procedureicon Rule 16.5(4), it is expected that the claimant prove the allegation that the money is owed.

7. Furthermore, if the claimant is an assignee of a debt, it is denied that the claimant has the right to lay a claim due to contraventions of section 136 and 196 of the Law of Property Act 1928 and section 82 (a) of the consumer crediticon Act 1974

8. The Claimant has failed to comply with sections 111 and 1V of the pre action conduct 'practice directions'

9. By reasons of the facts and matters set out above, it is denied that the claimant is entitled to the relief claimed or any relief.

[charitynjw]

Re: Lowell/Bryan Carter claim form

[MENTION=65342]polly12[/MENTION]

When did you last pay into the account or acknowledge in writing?
Ref the Attachment with WS pdf (above) it would seem that the last payment was 29/04/08?

[polly12]

Re: Lowell/Bryan Carter claim form

It would appear that my last payment was on 29/7/2010 that seems to link with an old bank statement

[charitynjw]

Re: Lowell/Bryan Carter claim form

Ok

But the attachment shows a default date of 11/01/2011 & purports to show all payments in the 3 years prior.
No mention of payments credited to the account after April 08.
& this is evidence supplied by the Claimant.

[polly12]

Re: Lowell/Bryan Carter claim form

Yes I can see that, but on the computer printout headed Management Services it shows the last payment on the account being 29.7.2010 with the amount of £25

[charitynjw]

Re: Lowell/Bryan Carter claim form

I haven't a clue about the Management Services entry.
Does it clearly show a payment made by you? (We have seen evidence of payments which have, on closer examination, turned out to be 'ghost' payments, or amounts credited back to the account for some reason, things like that).

Anyway, imho they are still non-compliant with the CCA s78 request, even by Carey-v-HSBC standards.
They have not produced a suitably reconstructed copy of the agreement showing the prescribed terms.

Btw, you mention s196 LoPA (should be 1925).
What was/is your argument here?

[polly12]

Re: Lowell/Bryan Carter claim form

Yes the management services printout shows down the right hand side last payment date 29.7.2010 with payment of £25.
Sorry but I am now at a loss with this I really dont understand most of the paperwork.Tthe s196 LoPA has obviously then been a mistake by me when entering my defence (nothing really I can do about that now).
I have been given a court date now to attend 15th November. I would like to avoid this at all costs if possible. My question now is if I offer them the initial debt of £165.44 (without prejudice) do you think there may be a possibility of them dropping this case. This is the only debt I have which is due to drop off in Jan 2017 I dont want to chance getting a ccj & having to pay all of the monies they are claiming.

[polly12]

Re: Lowell/Bryan Carter claim form

This is the printout with the default & payment down the right hand side

[charitynjw]

Re: Lowell/Bryan Carter claim form

My question now is if I offer them the initial debt of £165.44 (without prejudice) do you think there may be a possibility of them dropping this case.

Imho, if you were to offer £165.44, it may indicate to your Claimant opponent that you are capitulating. (Even if it is WP)
If anything, I reckon it should be a sort of "You won't stand a chance in court, mate, but I really can't be bothered with all the fuss, so take this & go away!" round figure sum.
It's also worth bearing in mind that you can still do this via court mediation.
Number crunching, let's be generous & say that they have paid 20% for the debt. (Probably less, but as it is a fairly small claim as these things go, it's no problem).
Plus a court issue fee of £35 (MCOL).
They are now looking at another £55 to progress to the hearing. (Which you can save them from paying).
You could therefore offer a fairly low ex gratia amount & invite them to respond within, say , 7 days from receipt, "to save court time & with reference to the Overriding Objective".
Just in case, & re s196 LoPA, which defines appropriate service of Notices of Assignment, Holwell Securities-v-Hughes [1973] discusses service via registered letter/recorded delivery.
Although there is other case law which states that ordinary post is acceptable, it will show that you have not just plucked the defence from thin air (or the interweb!).
http://www.bailii.org/ew/cases/EWCA/Civ/1973/5.html