County court claim from Lowell portfolio/Brian Carter solicitors

[Tolsky]

Hi, today I have received a county court claim form from Lowell/ Bryan Carter for an amount of 673.01, the particulars of the claim are as follows- this claim is for £673.01 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and/ goods . This debt was assigned to / purchased by Lowell portfolio on xx/xx/2009 and noticed served pursuant to law of property act 1925
Particulars
re-O2 (uk) ltd
acc no xxxxxxxxxx

and the claimant claims £673.01
the claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limit to a maximum of one year and a maximum of 1000 amounting to £53.84 .....

I believe this debt to be statues barred as I got a credit report in 2012 and looking at that it says communications supplier from 02 Preston brook
status settled , start date xx/06/2007 date updated xx/11/2007 date satisfied xx/11/2007 .... There is also an item on there where lowells have turned this debt into a credit card agreement, it is as follows -- credit card from Lowell portfolio
current balance 673.00 , status defaulted /delinquent balance 813.00
start date xx/06/2007 ,, date updated xx/10/2011 ,,, default date xx/05/2008 the payment history on this is 2008 jan- yellow box with no.2 in it , then you have red boxes with as follows Feb-3 mar-4, apr-6 and March -d ,

i wish to contest this as I believe to be statue barred , I need a step by step way to do this . Any help or advice would be much appreciated
kind regards Tolsky

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Reading other posts on the same issue I have acknlodged service tonight online and contesting the full amount,
Any help would be appreciated please
Regards tolsky

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

would be grateful if someone could give me some advice

[FlamingParrot]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Hi, today I have received a county court claim form from Lowell/ Bryan Carter for an amount of 673.01, the particulars of the claim are as follows- this claim is for £673.01 the amount due under agreement between the original creditor and the defendant to provide finance and / or services and/ goods . This debt was assigned to / purchased by Lowell portfolio on xx/xx/2009 and noticed served pursuant to law of property act 1925
Particulars
re-O2 (uk) ltd
acc no xxxxxxxxxx

and the claimant claims £673.01
the claimant also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limit to a maximum of one year and a maximum of 1000 amounting to £53.84 .....

I believe this debt to be statues barred as I got a credit report in 2012 and looking at that it says communications supplier from 02 Preston brook
status settled , start date xx/06/2007 date updated xx/11/2007 date satisfied xx/11/2007 .... There is also an item on there where lowells have turned this debt into a credit card agreement, it is as follows -- credit card from Lowell portfolio
current balance 673.00 , status defaulted /delinquent balance 813.00
start date xx/06/2007 ,, date updated xx/10/2011 ,,, default date xx/05/2008 the payment history on this is 2008 jan- yellow box with no.2 in it , then you have red boxes with as follows Feb-3 mar-4, apr-6 and March -d ,

i wish to contest this as I believe to be statue barred , I need a step by step way to do this . Any help or advice would be much appreciated
kind regards Tolsky

If you haven't made any payments after January 2008, then it's definitely statute barred. :clap2: :clap2:

Your first step should be to acknowledge the debt, which you can do online. You need to acknowledge within 14 days and you get a further 14 days to submit a defence, a total of 33 days from date on claim. This is a useful calculator: http://www.timeanddate.com/date/dateadd.html :clock:

[EDIT] I Note you've already done that. :thumb:

For reference, this thread outlines the usual process to be followed upon receipt of a court claim: http://www.legalbeagles.info/forums/...it-Court-Claim However, it should be noted that the CCA request wouldn't apply to a mobile contract because it's not a credit agreement (despite that entry on your credit file).

An example SBd defence can be found here: http://www.legalbeagles.info/forums/...010#post496010

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Thank you for your reply I will get this done today , cheers

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Just another word to clarify something if I have acknowledged with the county court on 27/11/2014 and will send cpr 31.14 to b Carter on 3/12/14 by reg post what date do I have to put my defence in as I'm aware that b Carter won't let me hav extra time ,

[Kafka]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Just another word to clarify something if I have acknowledged with the county court on 27/11/2014 and will send cpr 31.14 to b Carter on 3/12/14 by reg post what date do I have to put my defence in as I'm aware that b Carter won't let me hav extra time ,

33 days from the date of issue on the form if they won't grant any extension.

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Thank you

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Ok , today I recieved the latter from Brian Carter it goes as follows
we write further to your letter dated x/12/2014 regarding disclosure under part 31 of civil procedure rule .
We confirm the claim form was issued by the county court at Northampton buisiness centre and that the courts protocol was followed when issuing the claimants particulars of the claim . Practice direction 7c point 1.4 (3a) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court .
We will 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 apply . In any notices of default and assignment left the control of the claimant when the were dispatched to you .
It is the 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 refer to your own records
we confirm our client is not agreeable to an extension for filing your defence.
as you are well aware a claim was issued in this matter on xx/nov/2014 and we are in receipt of your acknowladgement of service . Please respond to the claim using the response pack provided by the court , you should comply with deadlines outlined by the court in order in order to avoid a default judgement being entered against you .
we recommend you seek independent legal advice .....

Can the legal beagles recommend my next move fight this .. Cheers

[MIKE770]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

standard reply - ignore they are suppose to until allocation, their usual antics

http://www.legalbeagles.info/forums/...85#post410385;

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

So what do I do now ,

[FlamingParrot]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Ok , today I recieved the latter from Brian Carter it goes as follows
we write further to your letter dated x/12/2014 regarding disclosure under part 31 of civil procedure rule .
We confirm the claim form was issued by the county court at Northampton buisiness centre and that the courts protocol was followed when issuing the claimants particulars of the claim . Practice direction 7c point 1.4 (3a) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court .
We will 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 apply . In any notices of default and assignment left the control of the claimant when the were dispatched to you .
It is the 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 refer to your own records
we confirm our client is not agreeable to an extension for filing your defence.
as you are well aware a claim was issued in this matter on xx/nov/2014 and we are in receipt of your acknowladgement of service . Please respond to the claim using the response pack provided by the court , you should comply with deadlines outlined by the court in order in order to avoid a default judgement being entered against you .
we recommend you seek independent legal advice .....

Can the legal beagles recommend my next move fight this .. Cheers

So what do I do now ,

This is BC's standard template letter they send in response to each and every request.

You have two options:

1. Argue their points by sending this letter: http://www.legalbeagles.info/forums/...85#post410385; or
2. Go ahead and submit a statute barred defence. I note above you believe this to be SBd.

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Ok I have just copied that document and will send this off tomorrow registerd post , thanks again for your help

[Tolsky]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Hi there, I sent off document that flaming parrot advised about arguing the case , I recieved a letter today from Brian Carter solicitors which is exactly the same response I got last time , i would like to use this against them as well as the statue barred defence if I can , can anyone advise me on the procedure , thanks

[Amethyst]

Re: County court claim from Lowell portfolio/Brian Carter solicitors

Include it in your defence, when's your defence due in ? That'll be mainly on the SB point.

I notice earlier you said they have turned it into a credit card - is that just what it shows as on your credit file or somewhere else ? As if they are saying it is a credit card they will need to produce the credit agreement.