Bryan Carter/Lowell claim form. DISCONTINUED

**FlamingParrot** · 22nd September 2014, 23:07:PM

Re: Bryan Carter/Lowell claim form. Help!

Welcome to LB

Originally posted by Terrier29 View Post

I am new to this site!

I am amazed at how much helpful information there is on here for people like me.

I received a county court claim from Northampton CCBC on the 19/09/14 (Issue date 12/09/14). The claimant is Bryan Carter/Lowell. The alleged debt is for £165 + court fees + solicitors fees.
This is apparently from 3 mobile.

I'm not sure this debt is mine. However, I did have a 3 mobile contract about 5/6 years ago when I was a student. I'm fairly sure I closed my account to go traveling. On my return, in the years that followed I have had a few sporadic letters from Lowell claiming I owe money, but I never chased it up as I was too scared.

If no payments were made in 6 years, it would be statute barred. :thumb:

Originally posted by Terrier29 View Post

Should I send them a prove it letter? I have been reading up this forum and some advise to send a CPR and others a CCA. I'm not sure which one I should send. Please could you advice me on how to go about it. I have been losing my mind ever since I received this claim and have been unable to sleep.

The prove it letter is when they are just chasing you, once they go to court you need to send a request under the CPR. A CCA request wouldn't apply to a mobile contract because it's a service contract, not a credit agreement, so omit the part about the CCA request but do send the CPR request recorded delivery. Knowing Lowell and BC, the odds of them sending any documents whatsoever are slimmer than those of winning the Lotto! :lol: But you still need to follow the process shown here: http://www.legalbeagles.info/forums/...it-Court-Claim. :thumb:

**Terrier29** · 22nd September 2014, 23:35:PM

Re: Bryan Carter/Lowell claim form. Help!

Many thanks for your quick reply at this late hour. I will send the CPR and keep you posted.

**Terrier29** · 23rd September 2014, 15:34:PM

Re: Bryan Carter/Lowell claim form. Help!

Sorry for my ignorance, but I have no idea what any of these mean.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Do I need to rewrite this to suit me. If possible, could you give me an example.

**Terrier29** · 23rd September 2014, 19:36:PM

Re: Bryan Carter/Lowell claim form. Help!

From the Particulars of claim (in my claim), am I right in saying they only mention - 3. Assignment?

**Kafka** · 23rd September 2014, 22:16:PM

Re: Bryan Carter/Lowell claim form. Help!

Originally posted by Terrier29 View Post

Sorry for my ignorance, but I have no idea what any of these mean.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Do I need to rewrite this to suit me. If possible, could you give me an example.

You can ask for the documents referred to in the POC:

A copy of the original service agreement signed by yourself.
A copy of the Notice of Assignment sent to you by the original creditor.
Proof that the Notice of Assignment was properly served according to the stipulations in the LOPA 1925.

Can you draft a CPR request for BC with these in?

**FlamingParrot** · 23rd September 2014, 22:40:PM

Re: Bryan Carter/Lowell claim form. Help!

Originally posted by Terrier29 View Post

From the Particulars of claim (in my claim), am I right in saying they only mention - 3. Assignment?

Originally posted by Terrier29 View Post

Sorry for my ignorance, but I have no idea what any of these mean.

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

Do I need to rewrite this to suit me. If possible, could you give me an example.

No worries, see below:

There would have been an agreement or a contract between you and the other party to start with. In the case of a mobile, I'd say it would be a contract, yet the PoC mention an agreement, so you can leave that as it is.
A creditor should issue a Default Notice when the contractual agreement is broken, so it's inferred there would have been one even if not explicitly mentioned. Most PoCs do make mention of a default, which is why it's included in the letter.
The assignment occurs when the debt is sold to a debt purchaser, in this case Lowell. There should be a Notice of Assignment stating Lowell now own the account.
The formal demand you can leave out.

Knowing Lowell and BC, they will neither have nor supply any documents,

it's just a process you need to follow. :thumb:

**Terrier29** · 24th September 2014, 09:25:AM

Re: Bryan Carter/Lowell claim form. Help!

Many thanks, I'm drafting it now.

**Terrier29** · 24th September 2014, 22:06:PM

Re: Bryan Carter/Lowell claim form. Help!

This is my CPR letter. Could you please read it and let me know if it is ok. I read a few templates and merged/moved things a round a bit. Do I need to make it more personal to suit me or is this enough. Should I elaborate on 'the default notice' part?

Should I just send to Lowell or Bryan Carter as well/ or CC?

CPR 31.14 Request

On (blah blah date) I received a County Court Claim in this case issued by you out of the County Court Business Centre, Northampton.

I confirm having returned my Acknowledgement of Service to the court in which I indicate my intention to defend in full all of your 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 / the] document(s) mentioned in your Particulars of Claim:

1: A copy of the original service agreement signed by me, the defendant. 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: A copy of the Notice of Assignment sent to me by the original creditor, and proof that the Notice of Assignment was properly served according to the stipulations in the LOPA 1925.

3: The default notice.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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 to a modification, obliteration or other marking or feature, each version 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 version(s) to include an obligation to recover and preserve such version(s) which 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 please confirm this in your response.

Yours faithfully,

XXXX

**Terrier29** · 24th September 2014, 22:09:PM

Re: Bryan Carter/Lowell claim form. Help!

PS. My claim form says:

Claimant - Lowell
Address for sending documents - Bryan Carter

**FlamingParrot** · 24th September 2014, 23:46:PM

Re: Bryan Carter/Lowell claim form. Help!

Originally posted by Terrier29 View Post

This is my CPR letter. Could you please read it and let me know if it is ok. I read a few templates and merged/moved things a round a bit. Do I need to make it more personal to suit me or is this enough. Should I elaborate on 'the default notice' part?

Should I just send to Lowell or Bryan Carter as well/ or CC?

The CPR request always goes to the solicitors, in this case Bryan Carter.

Originally posted by Terrier29 View Post

CPR 31.14 Request

On (blah blah date) I received a County Court Claim in this case issued by you out of the County Court Business Centre, Northampton.

I confirm having returned my Acknowledgement of Service to the court in which I indicate my intention to defend in full all of your 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 / the] document(s) mentioned in your Particulars of Claim:

1: A copy of the original service agreement signed by me, the defendant. 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.

The reason why all this about attaching documents is not part of the CPR letter template is because when a claim is issued via the bulk centre in Northampton there is no requirement to attach the documents to the claim, and BC will be very quick to tell you so.

In fact, that's often part of their stock response even without that wording being there.

I'd just just leave "A copy of the original service agreement..."

**FlamingParrot** · 24th September 2014, 23:48:PM

Re: Bryan Carter/Lowell claim form. Help!

Originally posted by Terrier29 View Post

PS. My claim form says:

Claimant - Lowell
Address for sending documents - Bryan Carter

Yes, the claimant is Lowell but they are being represented by Bryan Carter, that's why the documents should be sent to them. If you were represented by a lawyer they'd have to send the documents to them, it's the same principle.

**Terrier29** · 25th September 2014, 00:11:AM

Re: Bryan Carter/Lowell claim form. Help!

Thank you thank you thank you! Will post tomorrow, recorded delivery. :thumb::thumb:

**Terrier29** · 28th September 2014, 15:27:PM

Re: Bryan Carter/Lowell claim form. Help!

Sent CPR, was received by claimant. Now preparing my defence. I'll come back to you with my draft.

**Terrier29** · 9th October 2014, 10:22:AM

Re: Bryan Carter/Lowell claim form. Help!

Hi All, Hope everyone is doing well.

After I sent the CPR, I received the standard response from BC saying they do not need to send me proof and to check my own records. (No surprise there).

I have been working on my defence from a few different templates I found and here it is.

------------------------------------------------------------------------------------

1. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:
(a) Show how the Defendant has entered into an agreement with the Claimant; and
(b) Show how the Defendant has reached the amount claimed for; and
(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

3. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by the Defendant.

4. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

------------------------------------

It's more or less a copy/paste and I need to make it more personal to suit me. I also have a few questions.

- Do I address this to anyone or say 'Dear Sir/Madam'? And should I sign and date it. I am going to lodge my defence on MCOL.
- How do I end it?
- Should I mention anything about the Claimant/Solocitor not providing any proof or responding with proof to my CPR, although I have mentioned the CPR, should I say they have not sent me any proof.
- Should I mention anything about Three mobile as I have not actually mentioned this in the defence letter?
- I have also said that I do not admit or deny the claim of debt, the reason being I don't remember it and so I want to say I neither deny nor admit and just want to ask for proof. How do I say this? Also the notice of assignment. These letters started coming in after I went travelling, so maybe they sent me something but I didn't receive it. I also moved around a lot. I want to ask for proof. Can I still say I deny receiving the NofA, although it may have been sent to an old address?

Bryan Carter/Lowell claim form. DISCONTINUED