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Carter/Lowell

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  • Carter/Lowell

    Daughter went back to her former home to get more belongings and mail.
    letter from Northampton CC dated 3/11/2015 collected.
    i went on line to Money claim online and it looks like just in time ...entering this,as her defence

    I have wrote to the claimants solicitors and sent a copy to the
    claimants on the 17th November 2015 requesting,under section 78 of
    the Consumer Credit Act 1974, all copies of the Agreements.
    Please note the address given is only a care of address at the
    moment after fleeing from Domestic Violence.
    I require further time for the claimant to supply me with the
    papers that i'm seeking from them.


    On checking Money claim online..this was

    A claim was issued against you on 03/11/2015
    Your defence was submitted on 16/11/2015 at 17:07:17
    Your acknowledgment of service was submitted on 16/11/2015 at 17:13:01
    Your defence was received on 17/11/2015 at 08:01:41
    Your acknowledgment of service was received on 17/11/2015 at 08:01:4
    1

    I have sent on my daughters behalf to Lowell/Carter seeking under part 18 CPR's request info...also requesting under s77 79 CCA1974 rules sent copies to both parties.

    According to my daughter she took out Shop Direct account around 2003 her customer failed to pay for the goods,she never passed the bad payers over to Shop Direct and she started to miss payment.

    Have members anymore advice???

    Apple
    Tags: None

  • #2
    Re: Carter/Lowell

    Originally posted by Apple View Post
    Daughter went back to her former home to get more belongings and mail.
    letter from Northampton CC dated 3/11/2015 collected.
    i went on line to Money claim online and it looks like just in time ...entering this,as her defence

    I have wrote to the claimants solicitors and sent a copy to the
    claimants on the 17th November 2015 requesting,under section 78 of
    the Consumer Credit Act 1974, all copies of the Agreements.
    Please note the address given is only a care of address at the
    moment after fleeing from Domestic Violence.
    I require further time for the claimant to supply me with the
    papers that i'm seeking from them.


    On checking Money claim online..this was

    A claim was issued against you on 03/11/2015
    Your defence was submitted on 16/11/2015 at 17:07:17
    Your acknowledgment of service was submitted on 16/11/2015 at 17:13:01
    Your defence was received on 17/11/2015 at 08:01:41
    Your acknowledgment of service was received on 17/11/2015 at 08:01:4
    1

    I have sent on my daughters behalf to Lowell/Carter seeking under part 18 CPR's request info...also requesting under s77 79 CCA1974 rules sent copies to both parties.

    According to my daughter she took out Shop Direct account around 2003 her customer failed to pay for the goods,she never passed the bad payers over to Shop Direct and she started to miss payment.

    Have members anymore advice???

    Apple
    . Why have you submitted a defence?
    You should have first acknowledged the claim intend to defend in full
    that would give you an extra 28 days to submit a defence
    you should have sent the request to Lowell for the CCA And CPR to Carter before your defence.
    i think you might have got your self in a pickle by doing this we need to see if any experienced beagles can help you out on this.

    Comment


    • #3
      Re: Carter/Lowell

      @Amethyst @Celestine @nemesis45 ... can the OP put in an amended defence at a later date? And how would they do it :noidea:??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

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

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Carter/Lowell

        Originally posted by joedempsey View Post
        . Why have you submitted a defence?
        You should have first acknowledged the claim intend to defend in full
        that would give you an extra 28 days to submit a defence
        you should have sent the request to Lowell for the CCA And CPR to Carter before your defence.
        i think you might have got your self in a pickle by doing this we need to see if any experienced beagles can help you out on this.
        Reason to explain to the court that without copies of Documents to how can she submit a further defence.That defence would be a part defence subject to getting further info from claimants
        Have acknowledged claim with the intentions of defending in full, once the claimants have furbished her with papers (which is unlikely)requested.
        All requests have been sent to all parties as back up, incase one or both don't reply.

        Apple

        Comment


        • #5
          Re: Carter/Lowell

          If it fails then it £1 a month, as she is alone parent on benefits
          Apple

          Comment


          • #6
            Re: Carter/Lowell

            You can send in an amended defence pleading that you didn't understand the court process and therefore
            the defence is deficient, write a polite covering letter to the court manager NCCBC with a copy of the substituted
            defence.
            The court is often very helpful towards those who did not know the correct procedure, but you need to
            act quickly.

            nem

            Comment


            • #7
              Re: Carter/Lowell

              Originally posted by nemesis45 View Post
              You can send in an amended defence pleading that you didn't understand the court process and therefore
              the defence is deficient, write a polite covering letter to the court manager NCCBC with a copy of the substituted
              defence.
              The court is often very helpful towards those who did not know the correct procedure, but you need to
              act quickly.

              nem
              That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

              Apple

              Comment


              • #8
                Re: Carter/Lowell

                Originally posted by Apple View Post
                That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

                Apple
                CCA Request sent to the claimant ? If not responded to within the 12 + 2 Working Days time scale the debt is
                rendered unenforceable until the agreement is produced so do not chase this up.
                CPR31.14 request tom the solicitors? Chase up.

                Nem

                Comment


                • #9
                  Re: Carter/Lowell

                  Originally posted by Apple View Post
                  That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

                  Apple
                  You can't defend now because you haven't give Lowell or Carter chance to give u the documents.
                  if they can't produce the document you can't put it in your defence because you have already submitted it!!!
                  read above what nemesis is telling you to do that's proberly your only chance.
                  you can't keep changing your defence as it goes along it doesn't work that way.

                  Comment


                  • #10
                    Re: Carter/Lowell

                    Originally posted by joedempsey View Post
                    You can't defend now because you haven't give Lowell or Carter chance to give u the documents.
                    if they can't produce the document you can't put it in your defence because you have already submitted it!!!
                    read above what nemesis is telling you to do that's proberly your only chance.
                    you can't keep changing your defence as it goes along it doesn't work that way.
                    Look, right or wrong i've request the claimant to send all papers relating to there claim,to her.
                    The court should understand that people can make mistakes in the protocol, therefore should allow amendments if incorrect .
                    Apple
                    Last edited by Apple; 18th November 2015, 17:02:PM.

                    Comment


                    • #11
                      Re: Carter/Lowell

                      Spoke to Northampton,they said' you can amend a Defence statement, but have to complete a N244 form, to seek the permission of the judge.plus pay a fee.
                      She will be exempt from the fee as she claims ESA.

                      Apple

                      Comment


                      • #12
                        Re: Carter/Lowell

                        Now can we start again with any advice please,if a Judge grants her permission to re-submit her Defence?

                        Who to write to and what sequence... does she write to Claimant seeking copies of Agreements, or Bryan Carter requesting they furbish her with copies of their claim,or both? seeking the papers they are relying on to take her to court
                        Apple

                        Comment


                        • #13
                          Re: Carter/Lowell

                          Originally posted by Apple View Post
                          Now can we start again with any advice please,if a Judge grants her permission to re-submit her Defence?

                          Who to write to and what sequence... does she write to Claimant seeking copies of Agreements, or Bryan Carter requesting they furbish her with copies of their claim,or both? seeking the papers they are relying on to take her to court
                          Apple
                          apart from the defence it looks like you have done the right thing..CCA request to lowell with a £1 postal order marked for statuary purpose only on the back.
                          CPR to carter requesting documents mentioned in the particulars of the claim only no fee to carter.

                          - - - Updated - - -

                          Originally posted by joedempsey View Post
                          apart from the defence it looks like you have done the right thing..CCA request to lowell with a £1 postal order marked for statuary purpose only on the back.
                          CPR to carter requesting documents mentioned in the particulars of the claim only no fee to carter.
                          if you read through some lowell/carter concluded cases on here you will get a good idea how those things pan out.

                          Comment


                          • #14
                            Re: Carter/Lowell

                            Update

                            Bryan Carter replied with basically a template response letter,as i've read on other threads involving Bryan Carter on here.They replied with the below.
                            ..................................................
                            We confirm the claim was issued by CCBC Northampton and that the Court Protocol was followed when issuing the Claimants particulars of claim practice direction 7c point 1.4 3a eliminates the requirements to attach the documents to particulars of the claim when issued by this court.
                            It goes on to say..We can confirm this matter will most properly be allocated to small claims track as its a simple contractual matter and part 31 of the Civil procedure rule will therefore not apply .In any event the notice of default and assignment left the control of the claimant when they were dispatched to you.
                            Goes on to further state the original creditors policy is to issue agreements at the start of the contract and statements throughout the duration of agreement and in this regard we ask you a to refer to your own records.
                            Client is not agreeable to an extension.

                            My records indicate The claimant has until the 7th of December 15 to reply, after sending the CCA request on the 17th November 15 according to my calculations of 12+2 days brings that 14 working days to the 7th Dec.

                            If they are right...them being solicitors and all knowing the Game..then who is right Legal Beagles members or Bryan Carter re CPR 31.1 rules ??????? a bit confused.
                            If Bryan Carter are wrong, are they not guilty of replying with misleading information.

                            Any comments further advice,would be appreciated.

                            Apple

                            Comment

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