**DISCONTINUED**Lowells / Bryan Carter old Coop credit card

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Yes - this is correct - no payment made since March 2008 by either me or my ex.

[Streetwise]

Re: Lowells / Bryan Carter old Coop credit card

Yes - this is correct - no payment made since March 2008 by either me or my ex.

SB is a total defence.as long as you or your ex as not admiited the debt in writing in the last 6 years.

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

SB is a total defence.as long as you or your ex as not admiited the debt in writing or verbally ( over the phone and they have a recording ) in the last 6 years.

Sorry this is wrong.

Verbal communication recorded or not does not affect the provisions of the Limitations Act 1980.

Admission of liability has to be an " Unequivocal WRITTEN admission that a liability exists"
nem

[Streetwise]

Re: Lowells / Bryan Carter old Coop credit card

Sorry this is wrong.

Verbal communication recorded or not does not affect the provisions of the Limitations Act 1980.

Admission of liability has to be an " Unequivocal WRITTEN admission that a liability exists"
nem

Nem is correct the verbal bit from me was DIARRHEA.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

There has definitely been no payments since March 2008 either by me or my ex. I do not even know where my ex lives so there is no way he has received any letters or documentation an d I know he would never admit to anything!!

I was hoping that as the amount is relatively small, Lowell's would have decided not to bother with court proceedings, but now I am getting a little nervous as the court date is in a month aaaarrrrgghhh!!

[nemesis45]

Re: Lowells / Bryan Carter old Coop credit card

I think that you should stick to the statute barred defence.

There is one approach that has worked a good few times for me when helping others.
A letter to Lowell's Legal Counsel Sara de Tute along the lines of.

Ms Sara de Tute
Legal Counsel
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Date:

Lowell ref:
County Court Claim No, xxxxxxxxxxxxx

Dear Ms de Tute,

I refer to the above mentioned CC Claim regarding an alleged debt for £xxx.xx issued via the Northampton CCBC on XX.XX xxxx.

Please note I do not acknowledge any debt to any company within the Lowell Group.

Having researched the alleged debt I have concluded that the alleged debt is Statute Barred and I suggest that in the interest of saving court time and costs Lowell should consider withdrawing the claim.

As you will be aware the onus of proving that the alleged debt is not statute barred falls entirely upon Lowell.

Yours etc.

Use signed for post and check delivery date.

nem

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

I think that you should stick to the statute barred defence.

There is one approach that has worked a good few times for me when helping others.
A letter to Lowell's Legal Counsel Sara de Tute along the lines of.

Ms Sara de Tute
Legal Counsel
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Date:

Lowell ref:
County Court Claim No, xxxxxxxxxxxxx

Dear Ms de Tute,

I refer to the above mentioned CC Claim regarding an alleged debt for £xxx.xx issued via the Northampton CCBC on XX.XX xxxx.

Please note I do not acknowledge any debt to any company within the Lowell Group.

Having researched the alleged debt I have concluded that the alleged debt is Statute Barred and I suggest that in the interest of saving court time and costs Lowell should consider withdrawing the claim.

As you will be aware the onus of proving that the alleged debt is not statute barred falls entirely upon Lowell.

Yours etc.

Use signed for post and check delivery date.

nem

Well I wrote to Lowell's and they are looking into my case - but in the meantime I need to send my papers off on Friday. I have photocopied all the Coop statements and all my bank statements showing that I have not paid since March 2008. I assume I send one copy go Bryan Carter and one copy to the Court? Do I need to write a letter in my defence or anything?

[FlamingParrot]

Re: Lowells / Bryan Carter old Coop credit card

Well I wrote to Lowell's and they are looking into my case - but in the meantime I need to send my papers off on Friday. I have photocopied all the Coop statements and all my bank statements showing that I have not paid since March 2008. I assume I send one copy go Bryan Carter and one copy to the Court? Do I need to write a letter in my defence or anything?

Regardless what you send to the claimant to try and sort things out privately, you still need to submit a defence to the court within the timeframe, or they can request default judgment against you. :scared:

If you were able to log in and acknowledge service online, you should also be able to submit your defence online. :typing: You need to write a SB defence such as the one here, adapting it to suit your circumstances: http://www.legalbeagles.info/forums/...658#post453658

You submit your defence to the court, the court will then send a copy to the other side. At this stage you don't need to submit proof that the debt is SBd, if they want to argue it isn't, the onus is on the claimant to show that to be the case. Keep your statements in a safe place just in case. :thumb:

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

Regardless what you send to the claimant to try and sort things out privately, you still need to submit a defence to the court within the timeframe, or they can request default judgment against you. :scared:

If you were able to log in and acknowledge service online, you should also be able to submit your defence online. :typing: You need to write a SB defence such as the one here, adapting it to suit your circumstances: http://www.legalbeagles.info/forums/...658#post453658

You submit your defence to the court, the court will then send a copy to the other side. At this stage you don't need to submit proof that the debt is SBd, if they want to argue it isn't, the onus is on the claimant to show that to be the case. Keep your statements in a safe place just in case. :thumb:

Ok, thanks for this. I have looked at the link above and presume I send my letter to the court based on points 1, 2 and 5. Do I need to put anything else as points 3 and 4 are not relevant?

I totally misunderstood and thought I had to send copies of bank statements etc., to both Bryan Carter and the Court. I didn't realise the court would accept just a letter.

[FlamingParrot]

Re: Lowells / Bryan Carter old Coop credit card

Ok, thanks for this. I have looked at the link above and presume I send my letter to the court based on points 1, 2 and 5. Do I need to put anything else as points 3 and 4 are not relevant?

You wouldn't be sending a letter to the court, you'd either submit your defence online on the MCOL site or you'd return form N9B - Response and Defence/Counter Claim which was part of the response pack that arrived with your claim. There are text boxes at the bottom of page one and top of page two where you can write your defence. I've just noticed there are two 5s on there, the one you need it the last one:

The Claimant's claim to be entitled to payment of £XXX or any other sum, or relief of any kind is denied.

I totally misunderstood and thought I had to send copies of bank statements etc., to both Bryan Carter and the Court. I didn't realise the court would accept just a letter.

Once you submit your defence, the claimant has 28 days to respond and say whether they with to proceed. If they do, they may come up with something like you made a payment in 2010 or something of the sort. If it went all the way to a hearing, your bank statements showing no payments made could still come in handy. Let's hope they see sense and decide not to proceed once they see it's SBd, ray: although Bryan Carter and sense are not seen together very often.

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

You wouldn't be sending a letter to the court, you'd either submit your defence online on the MCOL site or you'd return form N9B - Response and Defence/Counter Claim which was part of the response pack that arrived with your claim. There are text boxes at the bottom of page one and top of page two where you can write your defence. I've just noticed there are two 5s on there, the one you need it the last one:

Once you submit your defence, the claimant has 28 days to respond and say whether they with to proceed. If they do, they may come up with something like you made a payment in 2010 or something of the sort. If it went all the way to a hearing, your bank statements showing no payments made could still come in handy. Let's hope they see sense and decide not to proceed once they see it's SBd, ray: although Bryan Carter and sense are not seen together very often.

Sorry I think I may be misleading people. The hearing is on Friday 13th March and I need to submit the papers today. I thought I needed to send a copy of my defence papers to both the court and Bryan Carter - that's why I was sending a copy of the statements from coop and my bank statements to show the payments coming out of my account up until March 2008 when I stopped paying. I just wondered whether I needed to send anything else to help my defence like a letter or somthing?

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

sorry i think i may be misleading people. The hearing is on friday 13th march and i need to submit the papers today. I thought i needed to send a copy of my defence papers to both the court and bryan carter - that's why i was sending a copy of the statements from coop and my bank statements to show the payments coming out of my account up until march 2008 when i stopped paying. I just wondered whether i needed to send anything else to help my defence like a letter or somthing?

please could someone advise if i need to submit any papers to the court and bryan carter for the court hearing on friday 13th march - because if so i need to do it today!

[Melbourne99]

Re: Lowells / Bryan Carter old Coop credit card

please could someone advise if i need to submit any papers to the court and bryan carter for the court hearing on friday 13th march - because if so i need to do it today!

Please help

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

Morning xx Just reading

[Amethyst]

Re: Lowells / Bryan Carter old Coop credit card

It is just a case of waiting for the hearing date now.

On the documents giving you the hearing is their a part about submitting any documents you intend to rely on / witness statements to court 14 days before ?

Are you still convinced on the statute barred issue ?

This was the defence I believe
The defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on a simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. If the Claimant disagrees he is put to strict proof.

Additionally, the defendant has sent a formal request to the Claimant pursuant to s.78 of the Consumer Credit Act 1974. The Claimant has been unable to produce a copy of any original agreement, or terms, or a statement of any account, and therefore is not entitled to enforce any debt as per s. 78(6) Consumer Credit Act 1974.

The claim that the Claimant's are entitled to payment of the sum as claimed or relief of any kind is denied.
Can you post up the CCA you received ( when did you receive it I can't see it mentioned on the thread )

Okay you've defended and you've got an order to provide WS and evidences 14 days before the hearing - not quite sure how your thread has got sidetracked back to a defence but sometimes it happens things get lost in translation.

Give me ten xx