Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years)

[FlamingParrot]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

I'm not sure what the legal definition is for what I am requesting, I've seen stayed, but I guess it is for more time to comply, but I don't know what the legal definition for this is I've written the following so far for my response

The case would be stayed if, upon submitting your defence, the claimant fails to respond to the court stating whether they wish to proceed with the claim or not. The claimant can still apply to the court to lift the stay. You are probably referring to an extension of time to file a defence. Have you asked BC to agree to an extension? What you've written on post 29, is it intended to be your defence or are you asking for an extension?

I found this thread http://www.legalbeagles.info/forums/...Kelike28/page3 but it seems to be a very different set of circumstances, and I have no idea how to meet this format for my defence at present.

I found that I can use an unless order if needed, but at this stage I have no idea how to word my defence

If BC don't provide the documents (they never do ) and refuse to agree to an extension (they often do ), you have the option to either submit a 'holding' defence or an unless order. The order carries a £155 fee (which could be waived in certain circumstances, see form ex160a). There have been both successes and failures with unless orders, it would be useful if you managed to read a few of the numerous BC court threads and look at the outcomes to make up your mind. :decision:

Do I also conclude with seeking to dismiss the claim, or am I merely asking for some sort of stay until they provide the documents.

It would be lovely if the claim was dismissed but not very likely. What you'd be asking for would be their agreement to an extension, CPR 15.5 allows up to 28 days.

I'm really sorry.

What are you sorry for? :noidea:

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

What you've written on post 29, is it intended to be your defence or are you asking for an extension?

That's an initial outline of a defence, although I don't know how to structure it for the legal format. I've sent CCA and CPR, including an extension request, and then sent a response to their response to my CPR request, which asked again for an extension, they pretty much sent the default letter back to me regarding the CPR request, and again ignored the CCA request reminder.

My defence is due no later than Friday to be sure I have time, as they have timed it to remove a weekend at the start and end of my time period.

I am into my extra five days (28+5) as of tomorrow I think to be sure. I don't really have time to ask for a third time for an extension in writing, and feel it will be pointless anyway.

What are you sorry for?

I know the site must be demanding to manage

I've been doing searches, though I'm struggling to find the specific thing I am asking for in my defence, I don't think I really want to do an unless order, but they are not going to agree more time to comply, so I need to file for a defence under non-compliance in a valid format using the web system.

I've been searching the website, but I've come a bit unstuck here. I know understand it needs to be in the format PoC and then Defence. I'm starting mentally to feel the strain quite severely in proceeding.

I'll search again tomorrow

[FlamingParrot]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

That's an initial outline of a defence, although I don't know how to structure it for the legal format. I've sent CCA and CPR, including an extension request, and then sent a response to their response to my CPR request, which asked again for an extension, they pretty much sent the default letter back to me regarding the CPR request, and again ignored the CCA request reminder.

My defence is due no later than Friday to be sure I have time, as they have timed it to remove a weekend at the start and end of my time period.

I am into my extra five days (28+5) as of tomorrow I think to be sure. I don't really have time to ask for a third time for an extension in writing, and feel it will be pointless anyway.

You don't have to ask formally in writing, you can ring and/or email them. :cell: :typing: They can email you back with their agreement to extend, it can all be done on the same day and I'd say it's worth doing. :thumb:

I know the site must be demanding to manage

Don't worry, that's what we're here for. :beagle:

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Hi

Is this a valid defence to submit?

Also are they supposed to be numbered, thanks

POC

This claim is for XXXXX the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This alleged debt is assigned to / purchased by
Lowell Portfolio I Ltd
on XXXXXXX and notice served
pursuant to the law of property 1925

Particulars
RE: XXXXXXXX
A/C No:XXXXXXXXX



The claimant also claims interest pursuant to S69 County Court Act 1964 from XXXXXX to date at 8% per annum amounting to XXXXXX

DEFENCE

I write to you as a litigant and apologise in advance if I make any slight errors in the normal running of a court claim. I am the defendant in this case.
Since I have held several accounts for various services, and the account it several years old, and no default was registered on my credit file with the original creditor I am unable to verify the accuracy of the claim.

Following receipt of CLAIM NO from the Northampton County Court, which included only very sparse particulars of claim I requested further information from the claimant as follows.
On the 23rd June, 2014 I sent a request to Lowell Portfolio for a copy of my alleged Consumer Credit Agreement, and any other documentation they may hold under section 78.1 of the Consumer Credit Act 1974 (CCA1974), along with the statutory £1 fee.
The claimant has not provided me with a response as of the 16^th July 2014.
Accordingly the claimant has failed to comply with section 78.1 of the Consumer Credit Act 1974 (CCA1974), as required for the alleged debt to become enforceable by virtue of section 78.6 of the CCA1974
I also enclosed a copy of the request for disclosure under section 31.14 Civil Procedure Rules (CPRXXXX) for their records.
I received a response providing only the contact details of a solicitor of the claimant

On the same day, the 23rd June, 2014 a request under Section 31.14 of the civil procedure rules (CPRXXXX) was sent by myself, to Bryan Carter Solicitors, along with a request for an extension to be agreed not less than 14 days from the date of compliance with the request.
A response was received dated the 25th June 2014, the claimant has not provided any documents in response to this request.
The claimant also included an explicit refusal to agree to an extension

On the 4th July, 2014 I sent a further letter to Bryan Carter Solicitors, disputing their no-obligation claim in response to the request under section 31.14 of the Civil Procedure Rules XXXX. I again explicitly requested an extension again not less than 14 days from the date of compliance.
The letter also included a reminder regarding the failure of Lowell to provide a response to the initial request under section 78.1 of the consumer CCA1974
A response was received dated the 10th July 2014, the claimant has not provided any documents in response to this request for disclosure under section 31.14 of the Civil Procedure Rules XXXX
The claimant again explicitly refused an extension.
No response to the reminder regarding the reminder of my request under section 78.1 of the consumer CCA1974 was included.

The claimant has failed to fulfil their obligations in response to the request for disclosure under section 31.14 of the Civil Procedure Rules XXXX, and as part discovery process under section 4.4(1,2 and 4) of the rules for pre-action conduct.
The Defendant is unable to please further to this claim without further information from the Claimant. The Defendant requested the Claimant agree to an extension to the defence filing date pursuant to Civil Procedure Rule 15.5, to allow the Claimant time to allow inspection of the documents, however the request was refused.

The sparse particulars of claim state that the account was assigned from xxxxxx to Lowell Portfolio on XXXX . The Defendant has not received any notification of this assignment.
The Claimant is required to prove that a compliant Default Notice was served upon the Defendant
Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed
As of the 16^th July 2014 I have not received any further response from Lowell Portfolio or Bryan Carter regarding the CCA request and have no option but to file my defence on these grounds

Despite communicating with both Lowell Portfolio Ltd the claimant and Bryan Carter as expected under the rules for pre-action conduct, I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt.
In the event that the relevant paperwork is received from Lowell Portfolio and Bryan Carter Solicitors I will then be in a position to complete my defence.
The Defendant reserves the right to amend these pleadings should the relevant information be 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 and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

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

[maiakaat]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

I've submitted my defence more or less based on this, I hope it's correct

[Amethyst]

Re: Please can I have some help with Lowell/Bryan Carter Court claim (default+6 years

Looks pretty good to me xx