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** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

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  • ** DISCONTINUED ** Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

    Date of Issue: 09 May 2014
    Date of service: 14 May 2014

    Particulars of Claim:
    This Claim is for 5000.00 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods

    this debt was assigned to / purchased by Lowell portfolio I Ltd on 28/11/2008 and notice served pursuant to the law of property act 1925

    Particulars
    Re: HBOS plc
    A/C No xxxx xxxx xxxx xxxx xxxx

    and the claimant claims 5000.00

    The claimant also claims interest pursuant to S69 County Court Act 1984 from 28/11/2008 to date at 8% Per Annum amounting to 2000.00



    Hi Guys,

    I need your help. I got a Claims form from the County Courts Business Centre in Northampton yesterday and I thought that this was Statute Barred as the default has dropped off of my credit file but looking through old bank statements shows that I made Three card payments to Lowell:

    £280 on 02/03/2009
    £400 on 30/04/2009
    £400 on 29/05/2009

    Lowell have purchased Three defaulted accounts from HBOS and I'm unsure as to which account the above payments have been credited to?

    The default account that they are chasing here is for a credit card. The other accounts were for an overdraft and a personal loan.

    I don't know what to do next (apart from acknowledging the claim). Do I need to send a CCA and CPR request and hope that they don't have the paper work? Would this help me in anyway? why do they wait for 5 years before filling a claim?

    Any help on this matter would be greatly appreciated.
    Last edited by bigontv123; 15th May 2014, 17:54:PM.
    Tags: None

  • #2
    Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

    Do I need to send a CCA and CPR request
    You don't need to but it's in your interest.

    They won't have the paperwork but might be able to obtain it. That paperwork might contain fatal flaws too.

    If it's your intention to settle you can still do this afterwards so it's nearly a free shot asking for paperwork.

    M1

    Comment


    • #3
      Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

      Thanks Mystery1. I suppose I have nothing to loose.

      I have a few questions on filling out the CPR template.

      I received the claim form on the 14th May. The Printed date on the form is the 9th May. I have acknowledged receipt of the claim last night. Would the last day for filling my defence be (9th May +33 days =) 11 June 2014 ?

      Do I leave the following line as it is?

      "To enable me to file my defence and/or counterclaim,"

      or amend to "consider my options"


      Do I request all four documents?
      1. Agreement / Contract
      2. Default Notice
      3. Assignment
      4. Formal Demand

      Thanks for your help.

      Comment


      • #4
        Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

        I'd leave it all except no 4 which i'd delete.

        I note the pocs do not mention a default notice so really you're not entitled to that but on the other hand if it's not mentioned then their pleadings are not good enough because they state no cause of action whether that be contractual termination or by default pursuant to CCA s87 & 88.

        M1

        Comment


        • #5
          Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

          Hi Everyone,

          Received a Letter today from Bryan Carter Solicitors......

          Date 21 May 2014

          Dear Bigontv123

          We write further to your letter dated 17 May 2014 requesting disclosure under Part 31.14 of the Civil Procedure Rules.

          We confirm the Claim Form was issued by the Northampton County Court Bulk Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirements to attach the documents to the Particulars of Claim when they are issued by the Court.

          (1) We confirm this matter will most properly by allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

          it is the original creditor's policy to issue agreements at the data of the contract and statements throughout the duration of the agreement and , in this regard, we ask you to refer to your own records.

          We confirm our client is not agreeable to an extension for filing the defence.

          As you will be aware a Claim was issued in this matter in 7th May 2014. Please respond to the Claim using the Response Pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgment entered against you.

          (2) We confirm we are not in receipt of your acknowledgement of service.

          We recommend you seek independent legal advice.

          Yours Sincerely,

          Bryan Carter


          Ok, just Three questions.

          1, I send out the form from http://www.legalbeagles.info/..... 2nd Post
          2, Why are they suggesting that they have not received notification of my acknowledgement of service?
          3, Do I need to put in my 2nd letter a rebuff of their claim that I have not filed an acknowledgement of service?



          Any help is greatly appreciated.

          Bigontv123
          Last edited by bigontv123; 22nd May 2014, 23:05:PM. Reason: added another question.

          Comment


          • #6
            Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

            1. :okay:
            2. As long as the court have it you're fine.
            3. No. Crossed post i'd say.

            M1

            Comment


            • #7
              Re: Lowell Protfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

              Hi all,

              Had a reply back from my 2nd CPR request letter.

              Dear Bigontv,

              Thank you for your letter dated 24/05/2014.

              We are instructed as solicitors in this matter regarding a Halifax credit card account that has been assigned to our client.

              Due to the sums claimed this matter will properly be allocated to the small claims track where disclosure is not required.

              it is our understanding that the policy of the original creditor was to provide an agreement at the point of contract and statements throughout the duration of the account.

              The claimant intends to provide evidence in accordance with the courts directions.

              We recommend that you seek independent legal advice.
              __________________________________________________ _________________

              Seems like they are not willing to handover the documents. It does not mention that "they have requested the documents from their clients and that this may take some time." like some previous posts.

              I have only written to them twice and have not telephoned them as there is nothing to chase up(they say that they don't need to supply the documents to me because it will be allocated to the small claims track).

              Do I still fill out a N244 or chase them up some more?

              I have read on the forum recently that some of these orders have not gone in favour of the defendant and that they are still required to file a defence:

              ref1 post 102
              ref2 post 67

              Would it help me if I got a solicitor when going to court so that the solicitor can speak for me with regards to Bryan Carter solicitors, not supplying me with the documents that I have requested?

              Any help or advice would be great.
              Last edited by bigontv123; 31st May 2014, 16:51:PM.

              Comment


              • #8
                Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                You could speak to Paul or Kate but i'm not sure what about the cost. They won't charge for a quick chat though so it might be worth asking if they could take that part on for you.

                My advice is chase as much as possible to build a case and with 9/10 days left apply.

                M1

                Comment


                • #9
                  Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                  Hi,

                  I'm trying to complete an N244. The forms have changed slightly from when Amethyst posted an example. http://www.legalbeagles.info/..... 3rd post.

                  The newer form has "Fee Account no."? It also has less space to enter "What order are you asking the court to make and why?"

                  I can only fit the following in....

                  "An order (a draft of which is attached) that the claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order. " and maybe 30-40 more characters.

                  Is this ok? Am I looking at the wrong form? The Application version is (05.14).

                  Thanks for your help.

                  Bigontv123

                  Comment


                  • #10
                    Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                    Ignore acc no.

                    Type as much as you can. Abbreviate where needed. The actual order is attached and it's just the jist of it they need. Ask the court staff what to do if still struggling.

                    M1

                    Comment


                    • #11
                      Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                      Hi,

                      Sorry its so late in the day. I have been away and working.

                      I need to file a defence or N244 by tomorrow. I have seen on a post that there is a debate on whether to file a defence or N244. I need some urgent advice on this.

                      ref: http://www.legalbeagles.info/forums/...Kelike28/page3 post 66

                      Thanks in advance.

                      Bigontv123

                      Comment


                      • #12
                        Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                        anybody?

                        Comment


                        • #13
                          Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                          Yes, similar lines as Kelkies. We're still okay with using the N244 but as there's been a few odd decisions on the applications for unless orders we feel its safer for people to submit a defence. Not ideal, but generally leads to the same point with orders for information to be provided. Each defence will be individual but the one you linked to is a decent outline. If the debt is over £10k though then an N244 can go in virtually at the same time as the defence.
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                            Hello everyone,

                            defence submitted as follows...

                            IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: *********

                            BETWEEN:

                            Lowell Portfolio I Ltd
                            CLAIMANT
                            And

                            Bigontv123
                            DEFENDANT


                            __________________________________________________ _____
                            Defence
                            __________________________________________________ _____

                            Preliminary Matters

                            1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

                            2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

                            3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


                            The Claim

                            4. The Defendant believes this claim may relate to an account with HBOS but without further details is unable to be certain.

                            5. The particulars of claim fail to state when the agreement was entered into.

                            6. The sparse particulars of claim state that the account was assigned/purchased from HBOS to Lowell Portfolio on **/
                            **/2008 under an agreement between the original creditor and the defendant to provide financial and/or services and/or goods. The Defendant does not recall receiving notice of this assignment.

                            7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

                            8. In respect of matters, which the Defendant is able to plead to, on the *th May 2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

                            9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.

                            10. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (4) Consumer Credit Act 1974 cannot enforce the agreement.

                            11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

                            12. The Defendant has also sent a request for inspection of documents on the *th May 2014 and *th May 2014, mentioned in their statement of case as allowed under CPR 31.14. The Claimant has refused to supply such documents.

                            12. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

                            Default Notice

                            17. It is denied that the original creditor, HBOS, served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                            18. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

                            Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

                            Notice of sums in arrears.

                            19. It is denied that the Claimant has served notice of sums in arrears pursuant to s86B Consumer Credit Act 1974. A notice of sums in arrears in a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

                            Conclusion
                            20. Accordingly, the Defendant avers that

                            20.1. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

                            20.2. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

                            20.3. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

                            Statement of Truth
                            The Defendant believes that the facts stated in this Defence are true.
                            ************************************************** ************************

                            I hope that this was ok?

                            I have also received two letter from Bryan Carter. The letters are to follow.

                            Any advice on the defence above would be appreciated.

                            Regards,

                            Bigontv123

                            Comment


                            • #15
                              Re: Lowell Portfolio I LTD\Bryan Carter Solicitors LLP v Bigontv123

                              Hi Again,

                              letter confirming that the claimant wishes to proceed with the claim at this time.

                              The claimant agrees in principle to mediation and have invited me to speak to them about "without prejudice" negotiations on this matter.

                              Any advice on the above would be welcome.

                              Thanks for all your help so far.

                              Bigontv123

                              Comment

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