Lowell/bryan carter court claim.

[Packers]

Re: Lowell/bryan carter court claim.

So statue barred is the defense to go then. Can I ask them or original company paperwork to show when account opened and when account went to default?

Packers

[Kafka]

Re: Lowell/bryan carter court claim.

There is no CCA request possible as it's not covered by the CCA.

As they have filed at Court you can send a CPR request for disclosure to BC and ask for copies of the relevant documents mentioned in the POC. They are a copy of the original contract and the Notice of Assignment that should have been sent in 2008. BC never supply documents under the court rules and always claim that they don't have to. This all adds to your case for their non compliance.

Basically I think you acknowledge the claim with the Court and say you will be defending all of it, then send the CPR request to BC for the disclosure of the relevant documents. Lowell never have any paperwork apart from Notices of Assignment that they have usually cobbled together themselves on the OC's paper. They always refuse to comply.

The defence will be SB, plus challenging the paperwork and their non compliance with the disclosure.

Just to be clear - you referred to 2 accounts, but this is only for one mobile phone contract?

[Packers]

Re: Lowell/bryan carter court claim.

The claim is for a mobile phone account.

I have 2 bank accounts. 1 under my name and a joint one. I was checking both to see if any payments had been made to lowell. These have nothing to do with the claim.

Again sorry I should of been clearer looking back through the posts.

Packers

[Kafka]

Re: Lowell/bryan carter court claim.

OK

Can you acknowledge the claim first (when was it issued?) and draft a CPR letter to send.

I'm also interested in the first letter above. The bottom of this reads like a Letter before Action, but states that you only have 48 hours to comply rather than the statutory 14 days. Did you receive a LBA before this? Usually there is no other communication between the formal LBA and the court claim.

[FlamingParrot]

Re: Lowell/bryan carter court claim.

Can you acknowledge the claim first (when was it issued?) and draft a CPR letter to send.

I'm also interested in the first letter above. The bottom of this reads like a Letter before Action, but states that you only have 48 hours to comply rather than the statutory 14 days. Did you receive a LBA before this? Usually there is no other communication between the formal LBA and the court claim.

The 48 hour letter is one of Bryan Carter's well known gems, they often send the letter and issue a claim at the same time. If they bother with a LBA at all! :mad2: :mad2: :mad2:

Somehow they seem to think the CPR does not apply to them at all! :rant: :rant: :rant:

[Packers]

Re: Lowell/bryan carter court claim.

Mcol is done. The date the claim was issued was 17/09/2014, so do I take 28 days or 28 + 5 days service from that date as my defence date.

The letter I am proposing to use for the cpr is below, I have left out all personal info;

Your name
Your address
Your postcode

Date

Claimants name
Claimants address
Claimants postcode


Dear Sirs,

Claim Number:

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

On 20/09/2014 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 13 October 2014.

1. Agreement / Contract
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. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

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 defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely.





Any feedback on the above is much welcomed.

Edit - I have just checked when my oldest current account I have was opened and it was opened on the 06/03/2007, I am pretty sure I made no payments from this account as I 90% sure it was opened after I defaulted on the original agreement which would put the agreement being taken out in 2006. I have requested a statement from account opening to the 31st of January 2014 as I am struggling to see past the 31/01/2014 online. Those statements should be here by a week Thursday.

Packers

[Packers]

Re: Lowell/bryan carter court claim.

Hi, a quick question about the cpr letter in the previous post. Do you think that will suffice or would any changes need to be made?

Packers

[Packers]

Re: Lowell/bryan carter court claim.

Hi all,

Quick update, I have received my statements from the account I used in 2007 onwards and there has been no payments to lowell.

I am just waiting for their response to the CPR letter now so that I can move this forward and get rid of them.

Packers

[Amethyst]

Re: Lowell/bryan carter court claim.

That's good news. You should be quite comfortable putting in a statute barred defence on that basis as you can evidence you didn't make payments to them.

[Packers]

Re: Lowell/bryan carter court claim.

That's good news. You should be quite comfortable putting in a statute barred defence on that basis as you can evidence you didn't make payments to them.

Hi Amethyst,

Thanks for the reply and setting the site up.

So once I receive their response to the CPR letter, what would the best course action to take from that point onwards? Is there any letter I need to send them about it being statue barred or is it wait till court date to defend?

Packers

[Amethyst]

Re: Lowell/bryan carter court claim.

If you are absolutely sure it is statute barred then you could simply enter a defence on that basis. You have evidence by way of your statements that you have never paid Lowell and they took on the debt over 6 years ago so you should be fine in case Lowell invent any later payments. You can at least tell the Judge you have not made payments, show him your statements to prove that, and he will have to order Lowell show how the payments were made.

What date is your defence due in? ( 33 days from date of issue printed on the claim form)

[Packers]

Re: Lowell/bryan carter court claim.

20th of October is 33 days from the date of issue, do I have to send any documents for defence to anybody or is turn up at court?

Packers

[Amethyst]

Re: Lowell/bryan carter court claim.

Did you put the acknowledgement of service in ?

Yes you need to write a defence (I'll find an example for you to work from) and you can enter that through moneyclaimonline anytime before the 20th

IT's for a mobile phone contract isn't it so CCA isn't relevant, so only the CPR request to wait on a response from. It's unlikely they will send you the agreement or anything under the CPR request but I'd still wait until the timescales for them responding to that are up before going in with the defence, as you can add that in to it as well.

[Kafka]

Re: Lowell/bryan carter court claim.

Their response to the CPR letter will be to tell you that it doesn't apply to them, to which you write back again (there's another letter). Otherwsie you just wait now for them yo default on compliance.

When the submission date nears it'll be a SB defence with added details of their non compliance.

[Amethyst]

Re: Lowell/bryan carter court claim.

Very brief draft for you to make a start on sorting out the relevant information


1: I received the claim [Claim Number] from the Northampton County Court Business Centre on xxxxxxxxxxxxxx 2014

2: This claim is for a telecommunications contract originally entered into with O2 (UK) Ltd in/around XXXXXXXXXX 2006.

3: It is admitted that the Defendant has previously entered into an agreement with O2 (UK) Ltd for provision of mobile telephone services.

4: I contend that the debt is statute barred by virtue of Section 5 of the Limitation Act 1980 as over 6 years have passed since any cause of action accrued.

(maybe expand that a bit - default/issues with the contract etc - no contact since etc)

5. The Claimants statement of case states that the account was assigned from O2 (UK) Ltd to Lowell on 16th January 2008. I do not recall receiving notice of this assignment.

6. I have had no contact with Lowell prior to receipt of the claim in this case.

7. I have never made any payment to Lowell. I have checked my banking records back to 2007 and these show no record of any payment made to Lowell.

8: On the xxxxxxxxxxxxxxx 2014 the Defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Ltd. The Defendant requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. The Claimant has not sent any of these documents to the Defendant

10. 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. It is also expected that the Claimant evidence the method, amount and date of any payments they may allege have been made since assignment of the debt to them.

11. As things stand the Defendant denies the Claimant is entitled to claim the relief claimed or at all.

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....