Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

[CleverClogs]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Bwyan Carter seems quite determined to obstruct justice.

A cynic might even believe that their refusal even to consider an extension of time denotes that they know damn well that no paperwork is still extant.

[Amethyst]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Is your credit file/ CCJ status still important for your job? (just as you mentioned earlier about starting a payment plan due to your job)

If so I think negotiating a settlement if you can with the claimants might be an idea.

Otherwise what was the original dispute over the debt with the service provider ? Did they breach the terms of contract before you stopped payments ?

ie. Is the dispute with the service provider a strong enough defence to the debt.

[pt2537]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi All,

So today I heard back from Claimants Solicitor (BC) in response to my CPR 31.14 request. Text as follows:

We write further to your recent letter requesting disclosure under Part 31 of the Civil Procedure Rules and request for an extension.

We confirm the Claim form was issued by the Northampton County Court Bulk Centre and the Courts protocol was followed when issuing the Claimants Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

We confirm that the Claim will most properly be 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 creditors policy to issue any agreements on or around the date 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 we are not agreeable to an extension for filing the defence.

We note you state that you have returned your acknowledgment of service however we have yet to receive notice from the Court. If you have not, you will be aware a Claim was issued in this matter on ********* 201. 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 Judgement being entered against you.

We recommend you seek independent legal advice.

I have definitely entered my AoS which I did online and this is clearly recorded on MoneyClaim.

Would be interested in hearing any views on this response as it appears they have overlooked/ignored the purpose of the CPR 31.14 request I sent.

Thanks all x

With (no) Respect to Mr Carter, hes talking utter toss. While the dislcosure obligations do not strictly apply to a case which HAS been allocated to the small claims track, none the less this is a claim in contract and it is impossible to see how one can plead when he has an opponent who is refusing to provide copies of the contract.

It is even more condescending for them to tell you to comply with the deadlines when they themselves refuse to comply.

You are a litigant in person, they are supposed to be legal professionals, clearly they have missed the law society practice note on dealing with a litigant in person.

Id apply to the Court to be honest.

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi Guys,

Thankyou all for your posts I really do feel there is hope whenever I look here!

The debt is no longer a threat jobwise so hopefully I can fight this without worrying about putting my career in jeopardy.

I originally entered into the mobile phone contract shortly after turning 18, not long after my parents split and following a serious RTA which left me hospitalised for 3 weeks - I really wasn't in a good place with life.

2/3 months into the contract I received a bill for £500 followed by another bill for £500 for the following month - So £1k total across the 2 months.

I disputed the bill several times with the supplier due to my circumstances at the time and pleaded with them to show some understanding and leniency but too no avail - They kept demanding payment in full immediately.

I disagreed then and still do to this day that although naive and immature on my part, the supplier showed complete irresponsibility to allow the bills to mount as they did for an 18 year old on an apprentices wage of £80 a week. No stop was put on the account to limit my spend and they would not entertain a suitable monthly repayment plan.

I take responsibility yes, but I also feel the supplier was irresponsible and also unwilling to help out in what was a very desperate time in my life.

pt2537 - What do you mean when you say apply to court? I'm new to all this so apologies for what might be a daft question!

In their response they refuse to provide copies of the original agreements etc or allow an extension to prepare my defence which seems a little unfair!

Thanks again all for your help so far x

[Amethyst]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

That's quite a hefty phone bill even for a mobile. Did you make the calls/texts etc and not realise how much they added up ? or was it dodgy text reply type ''service''. If it was just making calls/texts and not thinking about the cost (as you do at 18 and in a sh*t place life wise) then I doubt very much there is anything you can do there Do you have letters offering repayments or was it just phone calls ?

Yes they should supply at least something to show you actually have this debt, who it is with and how the amounts are made up, regardless of it being small claims or bulk centre or anything.

Completely up to you if you want to fight this in court and apply for disclosure or ensure you keep your credit file clear and try and settle with Lowells. I can't see from the thread if the POC actually does give the original creditors name and you've changed it to ''Original Supplier'' or otherwise. If the OC name and a/c number makes it crystal what the debt is (and you are obviously pretty sure what it is) I'm not really sure what the CPR will achieve other than 1) hoping the court actually orders they comply with your CPR request, b) hoping they won't be able to comply and c) the court strikes it out/BC ditch it.

[FlamingParrot]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I've not heard of a Tomlin Order before. Will do some digging on the site for further info.

Im leaning towards putting forward a defence with the CC. Would it still be applicable and worthwhile to send out a CCA or CPR (I think that's what they are called?) as well as sending off my acknowledgment of service?

Thanks for all your help so far x

You may want to look at this for information about that option, the idea is to avoid a CCJ:

Here is a brief explanation of the difference between a Tomlin Order and a Consent Order. In effect a Tomlin Order *sidesteps* the court process

http://www.drukker.co.uk/publication.../#.Up5faqtFBjo

As the default has dropped off your credit file, you don't want a CCJ to stay on record for a further 6 years, bearing in mind a CCJ is worse than a default, because ANYONE can search the public record for CCJs as opposed to your credit file.

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I made the calls/texts over the 2 month period naively thinking my free minutes etc would cover so didnt realise until the supplier hit me with the bill. After that I stopped and raised/disputed directly with them for months but too no avail. Then they defaulted the account.

Sadly, with it being near 9 years ago I dont have any paperwork or recorded calls - So only my word I guess.

What would be a disclosure? The PoC did state the Original Suppliers name and also an Acct Number but nothing confirming what the balance is made up of.

I've not heard back from Claimant as yet on my CCA or CPR requests.

Surely BC should supply me with the documents requested in my CPR request? Otherwise how would I build a defence?

I really am lost here x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I'm going to write back to BC requesting they provide the information detailed in my CPR. Can they legally decline to provide this as they have done? And can they legally refuse an extension when Im trying to prepare my defence?

I have until 22nd December before time is up as the Issue Date was 19th Nov 2013 x

[FlamingParrot]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

I'm going to write back to BC requesting they provide the information detailed in my CPR. Can they legally decline to provide this as they have done? And can they legally refuse an extension when Im trying to prepare my defence?

I have until 22nd December before time is up as the Issue Date was 19th Nov 2013 x

Although normally we'd say keep it all in writing, once they've started proceedings is one time where you should ring them and get them to agree to an extension of 28 days which is the maximum allowed under the CPR, in order for you to prepare your defence. Get them to put their agreement in writing so you can notify the court. :typing:

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi FP,

Thanks for your post - Would that be an extension of 28 days on top of the 28 days I have from my AoS?

When notifying the court of anything i.e. BC agreement to an extension or their refusal to extend and provide original docs etc, what does that mean? Do I write to the court, call them or update the case on Moneyclaim?

As stated, I'll write to BC today effectively rejecting their rejection to provide docs and reaffirming my request.

Is it lawful for them to refuse to extend or provide original docs?

NB: I still haven't heard back from the Claimant yet to either my CCA or CPR requests.

Thanks x

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Also noted that in the written response from BC above they've typed the wong Claim No! Seems as though they dont care much about my letter! Oh well, Ill keep fighting x

[CleverClogs]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

With (no) Respect to Mr Carter, hes talking utter toss. While the dislcosure obligations do not strictly apply to a case which HAS been allocated to the small claims track, none the less this is a claim in contract and it is impossible to see how one can plead when he has an opponent who is refusing to provide copies of the contract.

It is even more condescending for them to tell you to comply with the deadlines when they themselves refuse to comply.

You are a litigant in person, they are supposed to be legal professionals, clearly they have missed the law society practice note on dealing with a litigant in person.

Can you refer uncle Bwyan to the SRA, for conduct likely to bring the profession into (further) disrepute?

[mystery1]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi FP,

Thanks for your post - Would that be an extension of 28 days on top of the 28 days I have from my AoS? Yes

When notifying the court of anything i.e. BC agreement to an extension or their refusal to extend and provide original docs etc, what does that mean? Do I write to the court, call them or update the case on Moneyclaim? Write to the court, email is fine.

As stated, I'll write to BC today effectively rejecting their rejection to provide docs and reaffirming my request.

Is it lawful for them to refuse to extend or provide original docs? It's not against the law. Extensions are not a given right just an option. Disclosure is a right given under the civil procedure rules.

NB: I still haven't heard back from the Claimant yet to either my CCA or CPR requests. What a shocker that's not.

Thanks x

:juge:

M1

[FlamingParrot]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi FP,

Thanks for your post - Would that be an extension of 28 days on top of the 28 days I have from my AoS?

Yes, it would be.

When notifying the court of anything i.e. BC agreement to an extension or their refusal to extend and provide original docs etc, what does that mean? Do I write to the court, call them or update the case on Moneyclaim?

Once you've agreed an extension, you can send an email to the court at ccbcdefendants@hmcts.gsi.gov.uk

As per Practice Direction 5B :

4.8 Where proceedings have been commenced, the subject line of the e-mail must contain the following information –
(1) the case number;
(2) the parties' names (abbreviated if necessary); and
(3) the date and time of any hearing to which the e-mail relates.

As stated, I'll write to BC today effectively rejecting their rejection to provide docs and reaffirming my request.

You can just ring them and ask them for an extension, get them to confirm it in writing.

I still haven't heard back from the Claimant yet to either my CCA or CPR requests.

The CPR request is the one you'll be dealing with when asking for an extension, as they should have responded in 7 days, not that BC ever have provided any documents. The non-compliance with your CCA request can be used at a later stage, when submitting your defence. :juge:

[dudleydog]

Re: Bryan Carter (On behalf of Lowells) CCJ Threat / Claim Form

Hi All,

Many thanks for your responses to my points/questions.

I wrote back to BC on Friday advising that as my claim is yet to be allocated then I believe CPR 31 still applies at this stage.

I also confirmed that as they had rejected my request for an extension that I would therefore apply for the same directly with the court. In addition, I confirmed I had submitted my AoS with times and dates to counter their comment that I had yet to do so.

Again, still yet to receive anything back from Claimant on the CCA and CPR requests.

Going to call BC today to make sure they have received my letter from Friday (sent Special Delivery) and see if stance on the extension is still the same.

CleverClogs - I may just do that once this is all over! Thanks for the pointer!

Thanks again for the support and will keep you updated - Still working to 22nd as date for defence submittal.

x