Claim form from Bryan Carter!!

[JustMe84]

I have received a claim form from Bryan Carter Solicitors on behalf of Lowell Portfolio for the sum of £2559.37 including court fee and legal representatives costs. It was for a credit card that I had some years ago. Last payment was made roughly mid 2010. I was going through financial difficulties with my ex partner and basically just buried my head in the sand.

Within the last year, they have "found" me. Once again I ignored the letters hoping they would go away. (Please don't judge me). Bryan Carter Solicitors sent me a letter informing me, that they were going to start a claim against me. I have now received this claim form. I have filled it in admitting to the whole amount and asking for time to pay. Only a small amount as that is all I can
afford.
Having looked on other threads, I have seen asked asking whether this form is legit (is does say Northampton County Court Business Centre). Some have advised to write to the court directly. How would I do this? I have also seen advice to defend the claim as admitting to it will aquire a ccj by admission.

What shall I do? I know I owe the money and am willing to pay it back over time?

Any help is much appreciated.
Thank you.

[FlamingParrot]

Re: Claim form from Bryan Carter!!

I have received a claim form from Bryan Carter Solicitors on behalf of Lowell Portfolio for the sum of £2559.37 including court fee and legal representatives costs. It was for a credit card that I had some years ago. Last payment was made roughly mid 2010. I was going through financial difficulties with my ex partner and basically just buried my head in the sand.

Within the last year, they have "found" me. Once again I ignored the letters hoping they would go away. (Please don't judge me).

Hi and welcome

We don't judge anyone here, that's what the courts are for! :incourt: We're only here to help! We sometimes bark loudly but don't bite! :beagle:

Bryan Carter Solicitors sent me a letter informing me, that they were going to start a claim against me. I have now received this claim form. I have filled it in admitting to the whole amount and asking for time to pay. Only a small amount as that is all I can afford.

Oh dear! Have you sent the form back? Because if you do, they can request judgment by admission. :Cry:

Having looked on other threads, I have seen asked asking whether this form is legit (is does say Northampton County Court Business Centre). Some have advised to write to the court directly. How would I do this?

I don't think the claim form would be a fake, even Bryan Carter wouldn't put his SRA authorisation on the line by sending out fake claims when he routinely issues hundreds of real ones! :mmph:

I have also seen advice to defend the claim as admitting to it will aquire a ccj by admission.

Yes, that's what we normally say here, try and defend the claim as far as you can, bearing in mind neither Carter nor Lowell would have any paperwork. :thumb:

What shall I do? I know I owe the money and am willing to pay it back over time?

Any help is much appreciated.
Thank you.

Can you tell us a bit more about this account and also could you type up the particulars of the claim? :typing:

[FlamingParrot]

Re: Claim form from Bryan Carter!!

We usually suggest to try and defend the claims issued by the likes of Lowell because they haven't got any paperwork to evidence the debt and they issue claims hoping to obtain default judgment or an admission. When someone actually defends the claim, they struggle to obtain the paperwork and rely on the original creditor to supply it and they would be in no rush to do so having sold the debt and written off the balance as a tax loss. :ohwell:

In civil litigation the burden of proof is on the claimant to show that the debt exists, it's due and payable, not statute barred, etc. and you'd be surprised how often they are just not able to do that.

You'll find below the first steps to be taken upon receipt of a claim, starting with acknowledging service and stating your intention to defend the whole claim (and put that admission form somewhere safe where it can't do any harm ). Full instructions here: http://www.legalbeagles.info/forums/...313#post499313 :thumb:

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Any questions just shout! :director:

[JustMe84]

Re: Claim form from Bryan Carter!!

Can you tell us a bit more about this account and also could you type up the particulars of the claim? :typing:[/QUOTE]

^^^ What would you like to know?
I apologise in advance as i am new to these forums so still trying to work out how to do things!

[FlamingParrot]

Re: Claim form from Bryan Carter!!

Can you tell us a bit more about this account and also could you type up the particulars of the claim? :typing:

^^^ What would you like to know?
I apologise in advance as i am new to these forums so still trying to work out how to do things!

First of all, I hope you didn't send that admission form... ray: ray: ray:

It would be useful if you could type up the particular of the claim as written on your claim form. :typing:

It would also help if you told us a little more about this card such as:

• Who was the original creditor, i.e. the bank or card company that issued it
• When did you take out the card?
• How did you apply for the card? Online? over the phone? in branch? an advert?
• When did you default/stop making your minimum payments?
• When did you last make a payment (if any payments were made after defaulting)?
• Was there PPI?
• Anything else about the history of this account

[JustMe84]

Re: Claim form from Bryan Carter!!

I haven't sent the form yet. Phew!!

Particulars of claim:
The claimants claim is for the sum of 2198.48, being monies due from the defendant to the claimant under an agreement
Regulated by the consumer credit act 1974 between the defendant and HBOS Plc
Under account reference ***************
And assigned to the claimant on 24/06/2013, notice of which has been given to the defendant
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
And the claimant claims for 2198.48
The claimant also claims statutory interest pursuant to S. 69 of the county act 1984 at a rate of 8% per annum
From the date of assignment of the agreement
To date but limited to a maximum of one year and a maximum of 1000 amounting to 175.89

~ it says HBOS Plc, which I think was in fact Halifax
~ I can't remember the exact date I took the card. At a guess I would say 2004
~ I applied online for the card
~ again I can't quite remember the last date of payment. Possibly 2010
~ I don't know if there was PPI
~ Nothing else to really report about the history. I WAS very good with but due to certain circumstances, I missed a few payments and never got back on track.

[nemesis45]

Re: Claim form from Bryan Carter!!

Ok, Claim acknowledged and intention to defend in full ?

As this is a credit card account you need to
make a request under the provisions of sections 77/78 of CCA 1974 ( CCA request) this is for a copy of the
agreement relevant to the claim. There is a £1 statutory fee payable use a cheque or postal order endorsed
For Statutory Fee Only. This goes direct to the claimant who has 12 + 2 working days to comply. Template in
the forum library for this. Use signed for post and check delivery.

Next A request made under Civil Procedure Rule 31.14 this is for the documents mentioned in the particulars
of the claim Only ( no fee) this goes to Carter.

You request in this case.

The Agreement.
The Notice of Assignment.
The Default Notice.
nem

[Berniethebolt]

Re: Claim form from Bryan Carter!!

Hi
There should have been details of how you can acknowledge the claim online with the pack. As nemesis says tick the box defend in full.

If you click on the links in FlamingParrots post #3 there are templates for the CCA request and the CPR request.
I usually send the more in depth version of a CCA request along with a cheque or postal order made out to Lowell for £1 . We also recommend Royal Mail Signed for post , it is i think £1.10 extra to your normal post and should give you tracking i.e a signature on delivery.

Again with the CPR 31.14 request there is a template on post #3 and as nemesis says you can only ask for items that are mentioned in the Particulars of Claim. This goes to carters who will probably come back with some cock n bull story as to why they can not comply , well until it has been allocated it is all hogwash

Just because you are requesting this info it doesn't stop you making a settlement offer later if they come back with compliant documents, all it does is make sure that they have the right to issue a claim and that the agreement is lawfully enforceable

[FlamingParrot]

Re: Claim form from Bryan Carter!!

I haven't sent the form yet. Phew!!

That was a narrow escape!

Particulars of claim:
The claimants claim is for the sum of 2198.48, being monies due from the defendant to the claimant under an agreement
Regulated by the consumer credit act 1974 between the defendant and HBOS Plc
Under account reference ***************
And assigned to the claimant on 24/06/2013, notice of which has been given to the defendant
The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.
And the claimant claims for 2198.48
The claimant also claims statutory interest pursuant to S. 69 of the county act 1984 at a rate of 8% per annum
From the date of assignment of the agreement
To date but limited to a maximum of one year and a maximum of 1000 amounting to 175.89

Thanks for that. :yo:

On your CPR request you can ask for copies of the:

• Credit agreement
• Notice of assignment
• Default notice

~ it says HBOS Plc, which I think was in fact Halifax

All part of the same group, HBOS stands for Halifax Bank of Scotland.

~ I can't remember the exact date I took the card. At a guess I would say 2004
~ I applied online for the card

That's good news, :clap2: because even if you applied online, in 2004 you should still have been sent a hard copy of the agreement for you to sign and return. For online applications from 2005 onwards, a tick box on the online application form would fulfill the role of a signature and no hard copy was required.

~ again I can't quite remember the last date of payment. Possibly 2010

In that case it wouldn't be statute barred. :ohwell:

[JustMe84]

Re: Claim form from Bryan Carter!!

I'm having problems logging onto the MCOL system. I registered yesterday and today when I to log in, it's say claim number or password are incorrect. I have quadrupled checked and I am entering the correct details. I will fill out the form they have given me and send through the post. However, there is a space for me to fill in my defence. I know I owe the money so I'm unsure as what to write. Any tips? I've typed the CCA request and CPR request. Once I've sent these, do I just wait?

[FlamingParrot]

Re: Claim form from Bryan Carter!!

I'm having problems logging onto the MCOL system. I registered yesterday and today when I to log in, it's say claim number or password are incorrect. I have quadrupled checked and I am entering the correct details. I will fill out the form they have given me and send through the post.

Unfortunately there are often glitches with the MCOL website. You could try giving their helpdesk a ring. hone:

You can also acknowledge service by email, to ccbcdefendants@hmcts.gsi.gov.uk

You can just scan a copy of the acknowledgment of service part of the form and email it there, you should get an email confirmation back. :typing:

On the subject heading you'd write CLAIM NO. xxxxx - LOWELL -V- JUSTME84 - ACKNOWLEDGMENT OF SERVICE

However, there is a space for me to fill in my defence. I know I owe the money so I'm unsure as what to write. Any tips?

The answer is: NOTHING AT ALL! :hand:

You are not submitting a defence yet, just an acknowlegment of service which gives you an extra 14 days to file a defence. :thumb:

Just make sure you tick the box that says: "1. I intend to defend all of this claim"

For the avoidance of doubt, this is the form you need: http://hmctsformfinder.justice.gov.u...s/n009-eng.pdf

Just that bit, the defence will come later.

I've typed the CCA request and CPR request. Once I've sent these, do I just wait?

Yes, there's no need to chase the CCA request as non-compliance is a bar to enforcement. :ranger:

However, you do need to chase up the CPR request if they don't respond within 7 days. You need to keep an eye on the calendar so you don't miss the deadline for filing your defence, which is 33 days from the date printed on the claim form. :clock:

[MIKE770]

Re: Claim form from Bryan Carter!!

You can also acknowledge service by email, to ccbcdefendants@hmcts.gsi.gov.uk

as suggested

[JustMe84]

Re: Claim form from Bryan Carter!!

I have a reply from Bryan Carter. However, I do not understand it fully. Can someone please help.
Thank-you

[Amethyst]

Re: Claim form from Bryan Carter!!

They are simply saying they have no paperwork and even it they did they wouldn't give it to you. It is quite standard from Bryan Carter, and does go against them later. You can respond to them along these lines http://www.legalbeagles.info/forums/...385#post410385 if you wanted but it isn't necessary.

The Notice of Default and Assigment notice have never been in the hands of the claimant, as the claimant is a debt purchaser who didn't default you.

The most important bit is the CCA request to Lowell.

What date is your defence due ?

[JustMe84]

Re: Claim form from Bryan Carter!!

The date the defence is due is 11th November.