Bryan carter/ lowell pursuant to the law property act

[trish22]

Hello I'm in desperate need of advice
I've received a county court form from bryan carter on behalf of lowell. Who say i owe £1627.95 regarding mbna on the form it says lowell purchased/assigned the debt and notice served pursuant of property act 1925. What does that mean?
I cant find anything from mbna on my credit file and havent had a mbna cc.will wait for advice before calling them
many thanks for reading

[FlamingParrot]

Re: Bryan carter/ lowell pursuant to the law property act

Hello I'm in desperate need of advice
I've received a county court form from bryan carter on behalf of lowell. Who say i owe £1627.95 regarding mbna

I'm sorry you didn't get an earlier reply.

on the form it says lowell purchased/assigned the debt and notice served pursuant of property act 1925. What does that mean?

It simply means MBNA sold the account to Lowell.

I cant find anything from mbna on my credit file and havent had a mbna cc.will wait for advice before calling them

You shouldn't call them. As a claim has been issued, you need to acknowledge the claim and state your intention to defend it in full. You can usually do it online using the password printed on your claim form. You need to acknowledge within 14 days of the date of service, which will give you a total of 28 days to submit a defence. :typing:

You may have had another credit card which was sold to MBNA, for example, I had an A&L card from the early 90s which was sold to MBNA in 2002 but was still branded A&L till 2009.

Next you need to send the letters below, I'll split the posts to avoid clutter.

[FlamingParrot]

Re: Bryan carter/ lowell pursuant to the law property act

Once you've acknowledged, send the letter below to Bryan Carter, by recorded delivery. They should respond in 7 days, otherwise you can request an extension. They never respond, but it's part of the procedure to be followed in these cases.

Dear Sirs,

Re: XXXX v YYYYY
Case No: xxxx

CPR 31.14 Request

On [DATE] I received the Claim Form in this case issued by you out of the Northampton County Court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1. The Agreement. Together with the relevant terms associated with that account, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2. The notice of assignment.
3. The default notice, compliant with 87(1) of the Consumer Credit Act 1974.

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.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing as a result to a modification, obliteration or othermarking, or feature, each version thus will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any, and all version(s) and include an obligation to recover and preserve such version(s) that are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

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.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

Yours faithfully

---

[FlamingParrot]

Re: Bryan carter/ lowell pursuant to the law property act

Send the letter below by recorded delivery to Lowell with a PO for £1. Send a copy to BC without the fee. They should respond in 14 days.

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[trish22]

Re: Bryan carter/ lowell pursuant to the law property act

Send the letter below by recorded delivery to Lowell with a PO for £1. Send a copy to BC without the fee. They should respond in 14 days.

Thank you, was getting worried that i couldnt get any help!! So thank you so much.
Will do as you've said and then wait i guess?

[FlamingParrot]

Re: Bryan carter/ lowell pursuant to the law property act

Thank you, was getting worried that i couldnt get any help!! So thank you so much.
Will do as you've said and then wait i guess?

Just don't wait too long! There's no need to remind them of your CCA request but you need to keep an eye on the timescales. :clock: :clock: :clock: If they don't respond to your CPR request you need to write to them reminding them of their obligations, then ring them and ask them to agree to an extension.

If you look at other threads (and there are many!), BC NEVER respond to CPR requests. You need to keep pressing them, ask them to agree to an extension if they don't send the documents, etc. Do take a look at other threads, you'll find most people have had to submit an unless order to force disclosure where BC are concerned.

[trish22]

Re: Bryan carter/ lowell pursuant to the law property act

Hi,ive recieved a response from BC theyve basically said matter will probably be at small claims court and part 31 of the civil procedure rules will therefore not apply. Theyve asked me to refer to my own records with regard to ca etc( even though i stated i did not have an mbna cc).
there not to an extension, and theyve not recieved my acknowledgment of service.
no response from lowell yet. Any advice greatly recieved.

[FlamingParrot]

Re: Bryan carter/ lowell pursuant to the law property act

Hi,ive recieved a response from BC theyve basically said matter will probably be at small claims court and part 31 of the civil procedure rules will therefore not apply. Theyve asked me to refer to my own records with regard to ca etc( even though i stated i did not have an mbna cc).
there not to an extension, and theyve not recieved my acknowledgment of service.

That's a standard templated response from BC to anyone who requests documents.

As it can be seen from other threads, the only way to deal with these guys is with an unless order, you may want to look at the post quoted below to get an idea of what that involves. An £80 fee is payable to submit the N244 application but it can be waived if you qualify for fee remission, see this: http://www.justice.gov.uk/downloads/...eng-upto-6.pdf

You need th n244 form http://www.legalbeagles.info/forums/showthread.php?35511-CL-Finance-taking-me-to-court-over-loan-(ex-HSBC)-which-has-PPI-how-to-defend&p=276181#post276181 is how you fill it in.

You need the draft order to go with it http://www.legalbeagles.info/forums/...ht=#post402292

You need your witness statement to tell the story of getting the claim and all the steps you took to obtain disclosure of the documents from sending the letter and any subsequent enquiries you made including asking for an extension to the time for filing your defence and their refusal along the lines of http://www.legalbeagles.info/forums/...857#post404857

M1

no response from lowell yet. Any advice greatly recieved.

There's no need to chase THEM, non compliance with a CCA request can only work in your favour.

[Amethyst]

Re: Bryan carter/ lowell pursuant to the law property act

http://www.legalbeagles.info/forums/...ic-information (Post 3,4,5 for the unless order stuff)

OR there : have tried to make it a bit easier to follow xx

[trish22]

Re: Bryan carter/ lowell pursuant to the law property act

sorry guys havent had any tinternet as changing provider,i called bryan carter yesterday asking for an extension they refused also asked why they hadnt complied with my cpr request and still adamant its going to be allocated to small claims track so they didnt need to.have also told them i was appying for an unless order he didnt care.so i have completed my unless order and i have till the 10th of march,thought id call BC as i knew they wouldnt agree to any of my points raised and will back up my defence.hope i was right doing so.
thanks guys