JD Williams lowell finance and bryan carter court summons

[madmaria43]

Well blow me over with a dead goldfish i am back already:madgrin: LOL!!A lovely court summons arrived on my doorstep yesterday from bryan carter stating that the claimant is lowell finance and the orignator JD Williams catalogue.

I am just wanting your advice on this because it is so long since i had one of these that i have forgotten the best course of action to take and what to put in my defence. so your advice would be much appreciated to spark the old brain cells into action.

When i had my breakdown in 2007 i got into financial difficulties and stopped paying many cards and catalogues but i have never been with jdwilliams and i never signed a credit agreement with them. so for a start i dont know even if i owe them this money. I have had many demands from different companies who took over the debt and i ignored them up until now but i obviously have to deal with this straight away i just dont know how to go about it.
:incourt:
They claim that I owe them £2389.40 inc charges and interest court fees etc.

Any advice would of course be most appreciated thank you kind regards maria

[dogtired]

Re: JD Williams lowell finance and bryan carter court summons

:bump:

[dogtired]

Re: JD Williams lowell finance and bryan carter court summons

Looks like you need to :bump: again, I dont know enough about this.

[Amethyst]

Re: JD Williams lowell finance and bryan carter court summons

Hi, welcome back

First thing is to type up the particulars of claim here (exclude acc numbers) and what you do know about the debt - do you recall when you opened the account with JD Williams, when you defaulted, if you have sent a s.78 request for a copy of the original agreement, if you received a default notice and notice of assignment at all ? - how much was the debt when defaulted, did you have notice of court action prior to the claim form.

The first thing to formally do with the claim if to enter an acknowledgement of service - intend to defend - this extends the deadline you have tp get your responses. Once we know the Particulars of Claim we can send a request for information under the Civil Procedure Rule - 31.14 then base defence on what does/doesn't come back from that

Otherwise if it is all above board, fair and correct procedurally its a case of sorting out an IE sheet and an offer to pay - but I think with BC and Lowell it is unlikely that will happen.

Out of interest (wondering why a court claim as opposed to a SD) do you own your own property?

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi Amethyst
Thank you so much for your reply to my post the answers to your questions are as follows:
1. I do not recall having any account with JD Williams but since the court claim arrived i have been asking some friends about jdwilliams and they have informed me that this could be (simply be the catalogue) because it is within a group of companies owned by jdwilliams so I presume now this is the case.
2. therefore if it is "simply be" then the account will have been opened about 2007 it was defaulted on in sept 2009. Also if this is the case they were notified of my continued illness and asked to accept £5 a month which they refused and i defaulted as i did not continue to pay them as they were continuing to add £40 a month late fees to the account.therefore i would be getting nowhere with my payment of £5 a month. i was really illl at that time and to be honest i couldnt be bothered with the agravation of it all my mum had just died and everything went to the wall.
3. the only correspondence i have since then has been from lowell finance with their client named as jdwilliams which i ignored because as i said above i had never heard of a company called jdwilliams until now. so because now i know this is actually simply be then i probably did receive a default notice and a notice of assignment .
4. bryan carter sent me a letter informing me that i would be taken to court and recieve a court summons within 24 hours this arrived the day after the court forms arrived.
5. the amount they claim outstanding is £2389.40 including cort costs and interest. original amount was £2234.40.But when i defaulted it was about £1,600.00 so everything over and above that amount is fees and charges and interest.
6. the date issue of the court claim is the 10th of october.
7.the details of the court claim are as follows:-
issue date 10/10/2013
Bryan carter solicitors
claimant
lowell portfolio ltd

Particulars of claim
This claim is forf 2099.56 the amount due under an agreement between the original creditor andthe defendant to provide finance and/or goods and services
this debt was assigned to purchased by lowell portfolio ltd on the 20/12/2012 and notice served pursuant of the law of property act 1925
PARTICULARS
RE JD WILLIAMS
AC NO......

AND THE CLAIMANT CLAIMS 2099.56
THE CLAIMANT ALSO CLAIMS INTEREST PERSUANT TO S69 COUNTY COURT ACT 1984 FROM THE 230/12/2012 TO DATE AT HTE INTEREST RATE OF 8% PER ANUM AMOUNTING TO £134.84.

8. I dont know whey they havent sent me an ST and yes i do own my own property.
9. AS YET I HAVE NOT SENT a s.78 request for a copy of the original agreement.

i have not filled anything in yet so i would appreciate help on what to fill in next and if i should sent the s78 in now too. thank you and
I hope that i have provided all the answers to your questions to enable you to help me further and i really appreciate the time and effort you are putting in to help me thank you kind regards maria

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi just a quick update i have filed acknowledgement online that i intend to defend the claim and sent a cpr 31.14 request to bryan carter. because i am still not sure who the company is that i supposedly owe money to so i want proof therefore I hope that is the right one to send it to or should i have sent it to lowel also???? anyway that has gone in the post this morning hope i did the right thing it was worrying me i dug out some old files to do with capquest and copied the 31.14 from that so will see what i get back from them. thank you again maria x

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi
i have now got a reply from bryan carter following my request under part 31 of the cpr.

Their response was that the claim form was issued by Northampton County court bulk centre and the courts protocol was followed when issuing the claimants particulars of claim.Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

They also stated that they can confirm that th claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.Nevertheless they state that they have requested the documentation from their client and hope to revert to me shortly, although it will not be within fourteen days.

The final paragraph of the letter states that the claim was issued on the 9th of october and they have been notified that i have filed acknowledgement of service. they advise me to respond to the claim using the response pack provided by the court and that i should comply with the deadlines outlined byu the court in order to avoid a default judgement being entered against me.

I think i have 28 days from the 10th of october to file my defense is that right??? if i acknowledged the claim and said i was going to defend all of it?? so am i right in thinking i have until the 7th of November to file my defence???

That is it basically it !

I think I have answered the questions that were asked by Amethyst further up the thread to help with my defence.

I would be really appreciate it if any of you could advise me on the best course of action to take following this letter. Thank you again maria.

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

just a quick note to add that i have now got a doctors letter and the malg forms about my mental illness and should i include them in this anywhere thank you m:witchy:aria

[Amethyst]

Re: JD Williams lowell finance and bryan carter court summons

Hi, I'll look properly in the morning ... sounds like standard stuff from BC ... 7th Nov sounds right but we may respond asking for an extension ref BC saying not within 14 days xx my apologies for not spotting your earlier reply...

[FlamingParrot]

Re: JD Williams lowell finance and bryan carter court summons

Hi
i have now got a reply from bryan carter following my request under part 31 of the cpr.

Their response was that the claim form was issued by Northampton County court bulk centre and the courts protocol was followed when issuing the claimants particulars of claim.Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued by this court.

That's correct, which is why virtually every money claim is issued through the bulk centre, however, it doesn't eliminate the requirement to comply with a later request for documents so it's beside the point. The Northampton bulk centre is not really a court as such, just a bulk processing centre for money claims.

They also stated that they can confirm that the claim will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. Nevertheless they state that they have requested the documentation from their client and hope to revert to me shortly, although it will not be within fourteen days.

The CPR 31.14 letter makes allowance for both these situations, as it's sent prior to allocation, you don't know for sure it'll go to the small claims track. There is also a paragraph that says if they are unable to supply the documents within 7 days, they will have to agree to an extension. I'm not sure what CPR letter you sent, but if you sent the version commonly used on this site, there would have been the following paragraph, note the bits highlighted in red. :thumb:

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

You may want to look at this thread for reference, as it relates to extensions due to non-compliance with a CPR request in a timely manner: http://www.legalbeagles.info/forums/...033#post382033

The final paragraph of the letter states that the claim was issued on the 9th of october and they have been notified that i have filed acknowledgement of service. they advise me to respond to the claim using the response pack provided by the court and that i should comply with the deadlines outlined byu the court in order to avoid a default judgement being entered against me.

I think i have 28 days from the 10th of october to file my defense is that right??? if i acknowledged the claim and said i was going to defend all of it?? so am i right in thinking i have until the 7th of November to file my defence???

In principle, yes, that's correct, however, the whole point of sending a request for documents is to enable you to file a defence based on such documents, if they can't comply with the request, they should agree to an extension. Once you get their agreement you have to notify the court. :director:

[Amethyst]

Re: JD Williams lowell finance and bryan carter court summons

Ah thank you FP xx

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

Hi There unfortunately i didnt put in the paragraph below as i couldnt find a template letter so did one i found that i had sent before a few years ago!!!??
(If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

I tried to find a template letter to request cpr 31.14 but unfortunatley I couldnt find one (probably looking in the wrong place??) So i sent the following could you please advise me if this was alright and what i should do next if it isnt and when do i do my defence and what should i put i am really confused right now sorry!

I wrote the following:-

Dear Sirs

This letter in no way acknowledges the debt you claim that I owe your company. As far as I am concerned I have no signed agreement with your company and therefore I do not owe you anything.

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings you are obliged to disclose under the civil procedure rules the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the court, a copy of this letter will be provided as evidence to the same, and order enforcing your compliance will be sought.

1.A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2.All records you hold relevant to this case, including but not limited to :
a.Transcriptions of all transactions, including charges, fees, interest, repayments and payments and any repayments made to the account.
b.Transcriptions of all telephone conversations recorded and any notes made in relation to any telephone conversations by your company or by any previous creditor.
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of the manual intervention in relation to my account.
d. True copies of any notice of assignment and or default notice or enforcement notice that you or the original creditor has sent me with a copy of any proof of postage that you hold
e. Documents relating to any insurance added to the account including the insurance contract and terms and conditions date it was added and deleted if applicable
f. Details of any collection charge added to the account specifically the date it was levied the amount of the charge a detailed financial breakdown of how the charge was calculated and what the charge covers.
g. Specific details of the fees charges levied by any other agency in respect of this account and a detailed breakdown of said fees charges and what each charge relates to and on what date said fees /charges were levied.
h. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
I. A list of third party agencies to whom you have disclosed my personal data, and a summary of the nature of the information you have disclosed.


3.Any other documents you seek to rely on in court

4.A copy of your complaints procedure , as required by the Consumer Credit Act 2006

5.Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number, and what legal title they had to this debt, and what credit licence number they had at the time the debt was purchased or entered into.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming. It will be reported to the court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response

Yours faithfully



Xxxxxxxxxx

..........................................

Was this okay if not what should i do now sorry i am confused i have so much going on in my head with other problems that my brain wont work sorry. i do appreciate your help thank you. please advise what to do next thank you.

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

I am full of flu at the minute so please excuse my ramblings and apparant stupidity for asking questions that to some the answers would seem obvious. It just i have so much going on at the moment and i also have an ongoing complaint about my lender who has a suspended repo on my home and the fos want a decision from me by the 6th of november this is a battle that has been going on since 2007. and i feel like i am banging my head against a brick wall. the fos just dont care i am so tired of it all and with feeling ill on top of having a mental illness which gives me pain every day all over my body its hard to concentrate and even lift a finger to type. but i am a fighter even though it kills me at times i refuse to give in to these vultures, so please bear with me. i get confused and can be hard work, but when my brain works, and i am not feeling like cak i can just about muddle through, that is why i appreciate your help so much so thank you again. all of you. its people like you that help me sift through the muddle in my head. sometimes i cant even string a sentance together and other days you would think how articulate i am it is a cruel illness and a frustrating one so i am trying to explain to you all what it is like and how much i appreciate you all helping me thankyou again.:_tighthug__by_darkm

[madmaria43]

Re: JD Williams lowell finance and bryan carter court summons

should i send them a revised letter cpr31 request and could you point me in the right direction on the site to find a template thank you maria :der:derrr !!!!!!!

[calamity jane]

Re: JD Williams lowell finance and bryan carter court summons

Maria, you need to edit your name out of the letter in post 12.

CJ