Lowell/Bryan Carter claim form

[charitynjw]

Re: Lowell/Bryan Carter claim form

A copy of my court paperwork was sent to BW 15/11 got a reply from them today many pages long as to why they should be granted a CCJ against me, but what confuses me more than anything is the outstanding balance to pay. On one of the recon accounts the default balance was £160.46 defaulted on 27.11.2010 On the MCOL Claim form it states amount claimed £372.88 + £35 court fee + £50 legal fess total of £457.88. Each and every letter I have had from BW the total sum has gone up on this latest letter from them they now say I owe £654.00 where on earth are these figures coming from or are they adding ridiculous amounts of legal fees or interest! Dick Turpin springs to mind!

Good Morning, is anyone available to give me a quick answer to post 48 please.

Many Thanks

The court claim is (I'm guessing) for a specified amount. (£457.88 on the N1?)
One of the things that is influenced by this is the court fees payable by the Claimant (Issue fee & hearing fee).
I shouldn't think the court would be too impressed by a Claimant trying to increase the claim amount, thereby diddling HMCTS out of revenue, lol!

[polly12]

Re: Lowell/Bryan Carter claim form

So even if I lost (which I think is probably likely) they cannot claim for more than what is on the original claim form!

[charitynjw]

Re: Lowell/Bryan Carter claim form

Apologies if the info is already on the thread, but when do you sign this agreement?

[polly12]

Re: Lowell/Bryan Carter claim form

I never signed anything. But if ime correct I believe that doesn't matter

[charitynjw]

Re: Lowell/Bryan Carter claim form

I never signed anything. But if ime correct I believe that doesn't matter

Because......?

[polly12]

Re: Lowell/Bryan Carter claim form

to be honest ime not really sure as to why but I thought rightly or wrongly if you took out credit after a certain date that a signed credit agreement didnt matter

[charitynjw]

Re: Lowell/Bryan Carter claim form

Their witness statement says the agreement they sent is a recon.
It must be accurate.
If you can throw doubt on it, it won't do them any favours in court.
& with several threads recently, Claimants have discontinued after receiving Witness Statements.

[polly12]

Re: Lowell/Bryan Carter claim form

They also stated in their witness stated I signed it (clearly didn't) Also why did they not send it within the timescale when I sent a CCA request,they clearly didn't have it in the first place!

[polly12]

Re: Lowell/Bryan Carter claim form

Well it would seem that my last letter to Andrew Bartle @ Lowell has fallen once again on deaf ears! It looks like ime in Court this coming Tuesday, I am now out of options. I really do not want to attend if at all possible (mainly because ime terrified) Can I agree to pay the amount of £457.88 on the initial claim form & get this over with or is it to late for that & if I agree will I get the ccj anyway?

[MIKE770]

Re: Lowell/Bryan Carter claim form

if it went against you, a BIG IF you would have 28 days to pay for no CCJ logged.

do not panic if you can hold on, if they got no real case they probably discontinue as they well do on most cases of no proper paper work! others will comment also,

by the way court case held in chambers - just say you/judge/and may be a solicitors if lowells etc sent one not so daunting as some people think!


so Polly put the kettle on - and try and relax a little, and do not contact Bartle or any of them! shows weakness. (for future use) gives them ammunition to threaten you with their silly threatograms.

[nemesis45]

Re: Lowell/Bryan Carter claim form

Well it would seem that my last letter to Andrew Bartle @ Lowell has fallen once again on deaf ears! It looks like ime in Court this coming Tuesday, I am now out of options. I really do not want to attend if at all possible (mainly because ime terrified) Can I agree to pay the amount of £457.88 on the initial claim form & get this over with or is it to late for that & if I agree will I get the ccj anyway?

Small Claims cases are usually heard in chambers the ( judges room) if you the judge and the claimants representative if they show up.
Of course you can pay at any time and as [MENTION=3599]MIKE770[/MENTION] said you can pay within 28 days of the judgement and no CCJ is recorded.

nem

[polly12]

Re: Lowell/Bryan Carter claim form

I am thinking (only thinking at the moment) that if a agree to pay the amount of £457.88 on the claim form (prob in a couple of instalments) that will be the end of it., this debt drops of my credit file in January 17. If I loose at court the last letter I had from BW (re my defence a couple of weeks ago) the debt had risen to £650+ much harder to find and pay within the 28days.

[charitynjw]

Re: Lowell/Bryan Carter claim form

Maybe these folk can alleviate some of your worries about going to court.
https://www.thepsu.org/get-help/

[Amethyst]

Re: Lowell/Bryan Carter claim form

Small claims are usually held in the courtroom with just the judge, usher and both sides & their representatives.

Little bit of guidance here http://legalbeagles.info/forums/show...-court-hearing

But as Charity has posted the PSU is very helpful - if you have a PSU in your actual court all the better as you would be able to talk to them before the hearing for a bit of guidance. It is usually quite straightforward though, and nothing like a magistrates court.

[nemesis45]

Re: Lowell/Bryan Carter claim form

In discussion with a senior court office this afternoon, she tells me that to hear all small claims trials in open court is almost practically impossible, the court in question usually has 4 DJ's sitting each day with appointments from 1000hsr to 1600hrs with time out for lunch ( as my experience has shown).
Sheer lack of space in many hearing centres precludes open courts for the majority of cases.

Practice Direction 39A provides for hearings in private.