Bryan Carter Lowell three mobile northampton county court claim form

[shak]

i recevied a claim form today 25/02/2014 from northampton county court for a sum of £936.22
claimant Lowell portfolio LTD
it is regarding a debt which was purchased from three mobile on 04/03/2011
can someone please help me as i need advise on what to do from here

[ploddertom]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Click the little black triangle under your post and ask to be moved to "Received a Court Claim" Forum

[Amethyst]

Re: Bryan Carter Lowell three mobile northampton county court claim form

I'll do it xx

[Amethyst]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Moved

Hi Shak

Could you type out the particulars of claim please (the description of the claim from the front of the claim form)

Do you recognise the debt, the amount, and can you give us a little bit of history of this account, and a vague overview of your current financial circumstances (ie can you pay it / need to not have a CCJ due to work etc)

Your main step is to acknowledge the claim - this you can do at moneyclaim online - there should be webaddress, password and reference on the front of your claim form. If you get that done then it means you have almost a month to sort out whether to defend the claim or admit the claim and make an offer to pay.

We'll help all we can.

Kind regards

Sharon

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Hi there Sharon thank you for your reply
i do recognise the Debt it was for a old three mobile contract which i was unable to pay at the time which i was running a few months behind on the bill i did ignore the letters from three at the time then i was getting letters from lowell which i also ignored then the same with fredrickson & bryan carter but now i received a claim form from Northampton court with a balance of 936.22 which was no where near the amount i owed them.

Particulars of claim
this claim is for £655.59 the amount due under agreement between the original creditor and the defendant to provide finance/goods and or service and or goods
this debt was assigned to / purchased by
Lowell portfolio l LTD
on 04/03/2011 and notice served
pursuant to the law of property act 1925

particulars
three mobile
a/c no xxxxxx

and the claimant claims 655.59

the claimant also claims interest pursuant
to s69 county court act 1984 from 04/03/2011
to date at 8% per anum amounting to 155.36

to be honest i dont have this kind of money to make the payment also the CCJ is not much of a bother to me what is the best thing for me to do thank you

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

hi again Sharon sorry to be a pest but when i acknowledge the claim do i defend part of the claim or the whole claim
thank you

[Amethyst]

Re: Bryan Carter Lowell three mobile northampton county court claim form

I intend to defend in full xx

[Amethyst]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Hi there Sharon thank you for your reply
i do recognise the Debt it was for a old three mobile contract which i was unable to pay at the time which i was running a few months behind on the bill i did ignore the letters from three at the time then i was getting letters from lowell which i also ignored then the same with fredrickson & bryan carter but now i received a claim form from Northampton court with a balance of 936.22 which was no where near the amount i owed them.

Particulars of claim
this claim is for £655.59 the amount due under agreement between the original creditor and the defendant to provide finance/goods and or service and or goods
this debt was assigned to / purchased by
Lowell portfolio l LTD
on 04/03/2011 and notice served
pursuant to the law of property act 1925

particulars
three mobile
a/c no xxxxxx

and the claimant claims 655.59

the claimant also claims interest pursuant
to s69 county court act 1984 from 04/03/2011
to date at 8% per anum amounting to 155.36

to be honest i dont have this kind of money to make the payment also the CCJ is not much of a bother to me what is the best thing for me to do thank you

Okay - how far out from what you think you owe is the £655 ?

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

the last bill i ever received off three was for about £255
and i have also now defended in full what step shell i take next
thank you

[Amethyst]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Okay now you have acknowledged the claim it gives you a little bit more time. 28 days from the date of service - so around 20th March.

You can send a CPR letter to Bryan Carter asking for documents mentioned in the statement of case.

So you want to ask for copies of the

agreement
assignment
and notice served pursuant to law of property act
statement of how the amount claimed is made up


From the guidance

CPR 31.14 Request for disclosure of specific information of documents mentioned in the statement of case (particulars of claim)


Often claims for debt are submitted through the Northampton County Courts Bulk Processing center and the particulars of claim are very limited and do not generally give enough information about the debt to enable you to defend, or admit, the debt with confidence. Therefore we send the claimants a request for documents mentioned in their claim. This requests the claimants supply you with documents which the rely on for bringing the case.

We ask for this information under CPR 31.14 which is
Originally Posted by Civil Procedure Rules
Documents referred to in statements of case etc.

31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;




This must be sent as soon as possible after having received the court claim and after having acknowledged receipt through the MoneyclaimOnline service. It is not applicable after the case has been allocated to a track (small claims/fast/multi track).

You can copy (Ctrl C) and paste (Ctrl V) this letter into a Word document for editing and printing before sending (amend the Green parts to suit)
Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

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

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.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect..

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.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defense as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely




Your Name

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

Hi again Sharon thank you for all your help i really appreciate it
when i send this CPR letter above i believe the information i require from them is the information you have typed up above the letter

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

is this the information i request
agreement
assignment
and notice served pursuant to law of property act
statement of how the amount claimed is made up

and do i send it recorded delivery

thank you once again

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

i have sent this letter on friday to bryan carter & i was just wonderig what kind of response should i expect what do i do if i do not get a response from them as i only have till the 28th to file my defence thank

[shak]

Re: Bryan Carter Lowell three mobile northampton county court claim form

i have received a reply from Bryan Carter this morning and they have sent me a letter which states

we write further to your letter dated 1 january 2014 requesting disclosure under part 31 of the civil procedure rules.

we confirm the claim form was issued by Northampton County Court Bulk centre an that 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 partiulars of claim when they are issued by this court

we confirm this matter 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 pply.

in an event the notices of default and assignment left control of the claimant when they were dispatched to you.

it is he original creditors policy to issue agreements at the start 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 your defence

we confirm we are in receipt of your acknowledgement of service


can someone please help me and explain what this means and what is my next step thank you