Received County Court Claim Form from Brian Carter Solicitors today

[BooBoo2015]

I have today received a County Court Claim Form from Brian Carter Solicitors LLP. Please could someone give me some advice about what I should do in regards this?

[MIKE770]

Re: Received County Court Claim Form from Brian Carter Solicitors today

acknowledge the claim via MCOL using data from the N1 form you received for starters, then ask [MENTION=1937]nemisis[/MENTION] to look in to it for you?

[nemesis45]

Re: Received County Court Claim Form from Brian Carter Solicitors today

I have today received a County Court Claim Form from Brian Carter Solicitors LLP. Please could someone give me some advice about what I should do in regards this?

Hello welcome to LB

I presume Carter is representing a company of the Lowell Group?

Please either post a copy of the N1 Claim form after removing your name/address/ Claim No, and any barcodes. Or
type the particulars of claim verbatim.

Have you acknowledged service of the claim? If not do so online at Money Claim Online (MCOL) state intention to defend in full.
Get this done now to give you more time to sort out a defence.

Please also give us some history of the debt and how it has reached the court stage.

nem

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thankyou,

I have enrolled onto MCOL and now acknowledging the claim online, Once I have done this i will upload a copy of the claim. A bit of history on the claim. It is for a vanquis credit card which I took out to try and cover other debts which i had at the time, the situation has continued to get worse and was at a bad time in my life. I have tried to cover the debts that I owe and I want to pay off my debts. The problem I have is that I am currently paying a CCJ to bryan carter solicitors for a different debt for which they have my name and a very different date of birth. I failed to get advice for that and cannot now do anything about that particular debt as I buried my head in the sand and thought my debts would all go away. That was naive I know and I am now trying to sort things out .

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thank you for your advice so far.

I have attached a copy of the CCJ. I have acknowledged service of the CCJ on MCOL.

Please could you advise what I need to do next.

[nemesis45]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thankyou,

I have enrolled onto MCOL and now acknowledging the claim online, Once I have done this i will upload a copy of the claim. A bit of history on the claim. It is for a vanquis credit card which I took out to try and cover other debts which i had at the time, the situation has continued to get worse and was at a bad time in my life. I have tried to cover the debts that I owe and I want to pay off my debts. The problem I have is that I am currently paying a CCJ to bryan carter solicitors for a different debt for which they have my name and a very different date of birth. I failed to get advice for that and cannot now do anything about that particular debt as I buried my head in the sand and thought my debts would all go away. That was naive I know and I am now trying to sort things out .

Thank you Boo,

Things to do :

1. A request under sections 77/78 Of the Consumer Credit Act 1974 (CCA Request) this goes directly to the Claimant at the address on the claim form.
It's a request for a copy of the agreement relating to the alleged debt + a current statement of the account. There is a £1.00 statutory fee for this use a Postal Order endorsed " For Statutory Fee Only" to stop them applying the payment to the account.
The claimant (Lowell ? ) has 12 + 2 Working Days to comply, failure to comply renders the alleged debt unenforceable until the agreement is forthcoming.

2. A request made under Civil Procedure Rule 31.14 (CPR 31.14) this goes to Carter ( No Fee) and this is a request for documents mentioned in the Particulars of Claim Only nothing else may be requested. There's a 7 day time scale for this. ( You will receive a standard template answer, we can deal with that when it happens.
There's templates for both requests in the forum library. Use signed for post and check the delivery dates.

nem

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thank you Nem,

I will send them off today. Once I get the reply I will post back on this thread. I am very grateful for your help in this matter.

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

I am currently filling in the CPR letter and it states I should put in a date for filling my defense, I am slightly unsure of what date I should put in there. Please can you advise.

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Also in relation to the documents that I need to ask for can i just confirm that I will be asking for the agreement, the default notice but nothing else? The template lists some others but i am not sure if i should be asking for them. I have attached a pdf to an earlier post if you could have a look and reply. Thank you in advance.

[nemesis45]

Re: Received County Court Claim Form from Brian Carter Solicitors today

I am currently filling in the CPR letter and it states I should put in a date for filling my defense, I am slightly unsure of what date I should put in there. Please can you advise.

No leave blank ( you have now 33 days to enter your defence form the date on the claim form.)

[nemesis45]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thank you for your advice so far.

I have attached a copy of the CCJ. I have acknowledged service of the CCJ on MCOL.

Please could you advise what I need to do next.

OK for the CPR, The agreement, the Notice of Assignment and the default notice only.

nem

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

I have just began filling out the CCA request and am unsure which account number I should be using. Is it the account number that is stated in the particulars of claim on the CCJ or the account number that Lowell would have assigned?

Thank you in advance.

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Thanks for the advice so far.

I posted the letters to Lowell and Bryan Carter. I received a reply to the first request of CPR from BC solicitors and sent them a second letter (used the templates from here) and have now had a second reply as attached. Please could anyone advise me of what action I need to do next

[MIKE770]

Re: Received County Court Claim Form from Brian Carter Solicitors today

Usual Carter non co-operative response, file and keep handy

[BooBoo2015]

Re: Received County Court Claim Form from Brian Carter Solicitors today

I have received a letter from the courts stating that they acknowledge receipt of my defense. A copy is being served on the claimant (or the claimants solicitors). The claimant may contact me directly to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. the court will then inform me of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of my defense. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

What should I do next?