Bryan Carter CCJ Lowell 2005!?

[trevor69]

Hi All, apologies if this is a cookie cutter email(sure it is) but i've searched through about 20 threads and everything just appears so confusing!
Basically i had a ccj claim through my door from Bryan Carter and Northampton Court. Never heard of the claimant LOWELL PORTFOLIO LTD ON 28/07/2005. Sent them a template letter asking them for paperwork as i don't even know what the claim is for(99% sure i owe nothing to nobody!) and i've had a response saying part 31 of the CPR don't apply so i can go through lowell for £10 to get paperwork. The CCJ issue date was the 1st of November, this response is dated the 11th. Basically, what do i do now!? I'd be so grateful for any type of helpful response!

Thanks

Trev

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Hi and welcome!

Hi All, apologies if this is a cookie cutter email(sure it is) but i've searched through about 20 threads and everything just appears so confusing!
Basically i had a ccj claim through my door from Bryan Carter and Northampton Court. Never heard of the claimant LOWELL PORTFOLIO LTD ON 28/07/2005.

Sent them a template letter asking them for paperwork as i don't even know what the claim is for(99% sure i owe nothing to nobody!) and i've had a response saying part 31 of the CPR don't apply so i can go through lowell for £10 to get paperwork. The CCJ issue date was the 1st of November, this response is dated the 11th. Basically, what do i do now!? I'd be so grateful for any type of helpful response!

Lowell are very well known to us, in particular to Celestine, the site owner. :yo:

There are a few points we need to clarify as it's not very clear from the above, what has happened here. You say you had a claim in July 2005, then you say you have a CCJ issued the 1st of November and a response dated Nov 11. Presumably you mean last Monday... Did you receive a CLAIM (as opposed to a CCJ, which is when they have already obtained judgment against you) on the 1st of November?

What we are missing here is the connection with July 2005, :confused2: what happened between then and now? Are you saying they issued a claim in 2005 for the same debt? Did they obtain judgment? :noidea:

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Basically i had a ccj claim through my door from Bryan Carter and Northampton Court. Never heard of the claimant LOWELL PORTFOLIO LTD ON 28/07/2005. Sent them a template letter asking them for paperwork as i don't even know what the claim is for(99% sure i owe nothing to nobody!) and i've had a response saying part 31 of the CPR don't apply so i can go through lowell for £10 to get paperwork. The CCJ issue date was the 1st of November, this response is dated the 11th. Basically, what do i do now!? I'd be so grateful for any type of helpful response!

You don't say how much the claim is for, I can only assume it's below £10k which means it would very likely be allocated to small claims track where part 31 doesn't apply, however, when you send a CPR 31.14 for documents, the claim will not have been allocated to any track yet.

I don't know which template letter you sent but the one we often use here has the paragraph below to cover that side of things. :thumb:

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, 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.

The £10 to get paperwork must be referring to a SAR (Subject Access Request), which is a request under the Data Protection Act for all information held about you. You'd normally send it to get statements and other historical data. You'd normally send that to the original lender rather than a debt purchaser like Lowell, and they'd have 40 days to respond, which wouldn't help with your defence at all. Nor is it relevant to the Civil Procedure Rules.

Do they mention who the creditor was (before the account was sold to Lowell)? Could you scan or take a picture of the particulars of claim and post them up here? :typing:

This is still work in progress but it may help: http://www.legalbeagles.info/forums/...566#post386566

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Thanks for the quick response! This is what I received.
http://imageshack.com/a/img34/1486/ql7f.jpg

[ODC]

Re: Bryan Carter CCJ Lowell 2005!?

Im confused. Lowell bought this in 2005. Presumably you have not paid them anything since then. Thats 8 yrs ago and as such is well and truly Statute barred. Why wait so long?

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Confusing to me as well!!!!

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

Ah, now the 2005 bit becomes clear. However, it is rather strange that Lowell should have waited 8 years to bring a claim for such a tiny amount. :confused2:

The main question here is: have you paid ANYTHING AT ALL towards this since then? If not, it will be well and truly Statute Barred, and that's an absolute defence. :thumb:

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

No nothing, I've no idea what the debt even is!! I was travelling round Asia in 2004 and 2005!! What's the next thing I should do guys? Really appreciate your help

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

No nothing, I've no idea what the debt even is!! I was travelling round Asia in 2004 and 2005!! What's the next thing I should do guys? Really appreciate your help

In that case, you could put something like the following on your defence (amend if necessary, have copied dates and amounts from your PoC).

1. The Claimant's claim was issued on the 1st of November 2013.
2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
3. The Claimant's claim to be entitled to payment of £525.50 or any other sum, or relief of any kind is denied.

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

Signed:

Lowell have lost it completely, issuing a claim for a debt assigned to them 8 years ago!:rolleyes2::confused2::loco:

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

When you say my defence, does that mean I've got to go to ncc!?

[ODC]

Re: Bryan Carter CCJ Lowell 2005!?

The claim seems to relate to a Creation Finance agreement.

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

Again never heard of creation finance. I've only ever had a barclaycard in my life, no over forms of credit at all bar an overdraft. Even my mobile is payg!!

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

When you say my defence, does that mean I've got to go to ncc!?

No, Northampton is not really a court a such, just the bulk processing centre for money claims submitted online. :typing: You can submit your defence online on the MCOL website: https://www.moneyclaim.gov.uk/web/mc...nt-information

[trevor69]

Re: Bryan Carter CCJ Lowell 2005!?

thanks so much guys, you're fantastic. One thing, i just registered on there but its asking me for a defence pack password that 'you'll find them both in your 'response pack' that's been sent to you in the post.' I can;t see any passwords on anything!?

[FlamingParrot]

Re: Bryan Carter CCJ Lowell 2005!?

thanks so much guys, you're fantastic. One thing, i just registered on there but its asking me for a defence pack password that 'you'll find them both in your 'response pack' that's been sent to you in the post.' I can;t see any passwords on anything!?

There's normally a password supplied with the claim, :noidea: however, it seems more and more claims are going out without one. See this for reference:

Big hello to all on this thread,
I have had same problem with missing password on claim form, I phoned Northampton bulk centre and was told they accept a scanned image of the completed document sent as an e-mail attachment,
Send to ccbcdefendants@hmcts.gsi.gov.uk with the claim n'o and acknowledgment of service written in the subject heading.
They also would accept by way of a statement of acknowledgment wrote in the same format as in claim pack. (room for error on this so i completed form and scanned etc)
You will get a confirming e-mail that they have Received almost immediately.
Hope this info helps