**SET ASIDE** Bryan Carter - CCJ without my knowledge, do I have to go to court?

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Hi welcome to LB,

Have you informed the claimants solicitors regarding your health problems?
Are you considered a " vulnerable person", perhaps not having the capacity
to deal with the problem in hand? ( doesn't sound nice I know no other way to put the question).

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Hi welcome to LB,

Have you informed the claimants solicitors regarding your health problems?
Are you considered a " vulnerable person", perhaps not having the capacity
to deal with the problem in hand? ( doesn't sound nice I know no other way to put the question).

nem

Dont worry, it was a perfectly valid question
I have sent up to date medical evidence from my doctor confirming my condition to the court and to the solicitor.
And also scans of my medication boxes.
I am considered a vulnerable person.
It didnt seem to stop them.
Thank you for the reply.

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Dont worry, it was a perfectly valid question
I have sent up to date medical evidence from my doctor confirming my condition to the court and to the solicitor.
And also scans of my medication boxes.
I am considered a vulnerable person.
It didnt seem to stop them.
Thank you for the reply.

Ok how about income/expenditure have you worked that out? In terms of what you could
reasonably afford to pay (if anything)?
There are certainly ground with this alone for getting the CCJ set aside.

You could address a letter to Mr Andrew Bartle who's signature appears on most of Lowell's
threatograms ( he's now the Chief Operating Officer of the Lowell Group formerly " head of collections") and put the facts to him including the fact that his minions have totally ignored the fact that you are a vulnerable person.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Ok how about income/expenditure have you worked that out? In terms of what you could
reasonably afford to pay (if anything)?
There are certainly ground with this alone for getting the CCJ set aside.

You could address a letter to Mr Andrew Bartle who's signature appears on most of Lowell's
threatograms ( he's now the Chief Operating Officer of the Lowell Group formerly " head of collections") and put the facts to him including the fact that his minions have totally ignored the fact that you are a vulnerable person.

nem

Thanks, thats great advice.
I am very curious as to the reason why Northampton court could not produce evidence that the original claim form was sent out.
Does anyone know if they are bound by law to keep a record of this?

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

I just had an email from uncle Bryan regarding my request for the original claim form:

We issued electronically in the County Court Business Centre, in this regard you will need to contact the Court direct for a copy.

Northampton court doesn't have proof that it was sent and neither does Newport court. Where do I stand now?

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

I just had an email from uncle Bryan regarding my request for the original claim form:

We issued electronically in the County Court Business Centre, in this regard you will need to contact the Court direct for a copy.

Northampton court doesn't have proof that it was sent and neither does Newport court. Where do I stand now?

There was at least 1 hard copy which would /should have been sent to you.
Personally I don't believe Carter would not keep a hard copy on file.
Getting them to admit to having it let alone supplying it could be a problem.

One way may be using a Subject Access Request under the provisions of the
Data Protection Act 1998 but this has a 40 day time scale and costs £10.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

There was at least 1 hard copy which would /should have been sent to you.
Personally I don't believe Carter would not keep a hard copy on file.
Getting them to admit to having it let alone supplying it could be a problem.

One way may be using a Subject Access Request under the provisions of the
Data Protection Act 1998 but this has a 40 day time scale and costs £10.

nem

I have already sent them an SAR (and 10 pounds) on 5th october.

I have yet to receive a response to the SAR but i did get a copy of bryan carters witness statement and they say Bryan carter has sent me a letter regarding the SAR (which i have not received )
paragraph 17 of the witness statement states:

"The respondent's solicitor (bryan carter) wrote to the applicant on 13th October 2015 confirming that they are not the data controllers and the request has therefore been referred to respondant (lowell).
The letter also confirmed that the responent's solicitors files are legaly privileged save for his name, address, pleadings and letters sent to him which he already has a copy of. It was confirmed that it may be possible that the original creditor may control some information and it was suggested that the applicant contacts the original creditor directly. The letter also confirmed that the SAR does not affect the applicants liability for the debt. The making of an SAR does not affect the respondants ability to enforce a judgement."

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

I have already sent them an SAR (and 10 pounds) on 5th october.

I have yet to receive a response to the SAR but i did get a copy of bryan carters witness statement and they say Bryan carter has sent me a letter regarding the SAR (which i have not received )
paragraph 17 of the witness statement states:

"The respondent's solicitor (bryan carter) wrote to the applicant on 13th October 2015 confirming that they are not the data controllers and the request has therefore been referred to respondant (lowell).
The letter also confirmed that the responent's solicitors files are legaly privileged save for his name, address, pleadings and letters sent to him which he already has a copy of. It was confirmed that it may be possible that the original creditor may control some information and it was suggested that the applicant contacts the original creditor directly. The letter also confirmed that the SAR does not affect the applicants liability for the debt. The making of an SAR does not affect the respondants ability to enforce a judgement."

Typical Carter,

It's a question now of waiting for Lowell.

Even so the claim form N1 was transmitted electronically I believe it can either printed out or at least a screen grab taken.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Typical Carter,

It's a question now of waiting for Lowell.

Even so the claim form N1 was transmitted electronically I believe it can either printed out or at least a screen grab taken.

nem

Thanks for the reply. I take it that N1 is the name of the claim form which i should have received? Sorry for my ignorance, i haven't been in this situation before.

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Thanks for the reply. I take it that N1 is the name of the claim form which i should have received? Sorry for my ignorance, i haven't been in this situation before.

No problem!!

Yes the N1 is the actual claim form.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Hi. I have requested a copy of the N1 from the county court business center who replied:
"Money Claim Online is an electronic service; therefore we are unable to re-generate original copies of the claim forms."

The funny thing is, lowell sent me a copy of this form (it looks like it has been edited) about 2 weeks ago.

Should lowell be in possession of this form?
It still doesn't prove that it was posted to me either way, but I am just curious.
I can upload the form if you like.

Typical Carter,

It's a question now of waiting for Lowell.

Even so the claim form N1 was transmitted electronically I believe it can either printed out or at least a screen grab taken.

nem

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

[QUOTE=scottay2hottay;595721]Hi. I have requested a copy of the N1 from the county court business center who replied:
"Money Claim Online is an electronic service; therefore we are unable to re-generate original copies of the claim forms."

The funny thing is, lowell sent me a copy of this form (it looks like it has been edited) about 2 weeks ago.

Lowell should have a copy on their records, if they say not, ask for a transcript of the particulars of the claim.

Yes please let's have a look at the form.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

Hi, I chopped the top off because it had my details at the top. I hope you can read it.

[QUOTE=nemesis45;595723]

Hi. I have requested a copy of the N1 from the county court business center who replied:
"Money Claim Online is an electronic service; therefore we are unable to re-generate original copies of the claim forms."

The funny thing is, lowell sent me a copy of this form (it looks like it has been edited) about 2 weeks ago.

Lowell should have a copy on their records, if they say not, ask for a transcript of the particulars of the claim.

Yes please let's have a look at the form.

nem

[nemesis45]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

[QUOTE=scottay2hottay;595734]Hi, I chopped the top off because it had my details at the top. I hope you can read it.
That's their Data Protection File copy of the N1 Claim Form looks fine.

You Need to edit your details from the form.

nem

[scottay2hottay]

Re: Bryan Carter obtained a CCJ without my knowledge, do I have to go to court?

I just received this in the post. Can anyone explain what it means. Thanks