County court claim from Lowell portfolio/Brian Carter solicitors

[Tolsky]

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

It is on my credit reference , it says credit card , dunno why they done that tho , I got the county court letter on 27th nov with the issue date 25 November

[Tolsky]

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

I want to do my defence tonight online , what would I put in it , 1st of all I will use the Sb , and also the part 31.14 rules

[Kati]

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

I want to do my defence tonight online , what would I put in it , 1st of all I will use the Sb , and also the part 31.14 rules

As it's Christmas (and quiet) I'm not sure who is/will be on tonight, and I am not really clued up on this :sorry: BUT I have found this:

A statute barred defence will be as below:

The claim was issued on the [ENTER DATE ON CLAIM FORM].

The Defendant contends that this is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980 in that in excess of 6 years have elapsed since the date on which any cause of action accrued. No acknowledgement or payment on this debt has been made since [ENTER MONTH AND YEAR WHEN LAST PAYMENT WAS MADE].

The onus is on the claimant to PROVE it's not SBd. :thumb:

[Tolsky]

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

Thank you , is there anything on the cp31. 14 rules

[Kati]

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

Thank you , is there anything on the cp31. 14 rules

try this?? http://legalbeagles.info/cpr-31-14-r...c-information/

[Tolsky]

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

How do I get online to file my defence , it's asking for id and password

[Mineral1]

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

How do I get online to file my defence , it's asking for id and password

You have to register on the government gateway and get a user ID (like just about anything else the government does online)

[Tolsky]

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

Defence done today online when I eventually managed to get on the gov website , defence was statute barred and the cpr 31.14 requests that were denied, what happens next ,cheers

[Tolsky]

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

Recieved a letter today from the county court to say my defence has been registered and the claimant has 28 days to respond fron when they receive my defence,

[Tolsky]

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

So today I've recieved a letter from Bryan Carter , saying our clients intention is to proceed with the matter. They will send notification to the court but shortly before they do so there client( lowells) is willing to enter negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The court encourages this type of negotiation between parties. Please contact our helpful team on 0845836166 to discuss how we can come to an arrangement by consent .... So what do I do next shall I contact them or just wait and go to court ?? I also got my credit report off experian and there's nothing on there about this debt to O2. As I know it was over 6 years so I'm sure it's statued barred , even looking back at my old credit report from 2012 lowells had it down as a credit card how can they put it as a credit card ? Any help would be appreciated

[nemesis45]

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

The CRA entry "credit card" is probably due to laziness/ incompetence on Lowell side.
The POC seems to be correct.
Mediation is always worth a try especially if defence is weak, if successful and agreement is reached a " consent (Tomlin) order is made and no CCJ is made.

So defaulted more than 6 years ago, statute barred England/wales, = No payment or unequivocal written acknowledgement of the debt in 6 clear years.
To save time when was the account defaulted and the last payment made?

[Tolsky]

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

Ok , there's 2 entry's on the credit report in 2012 , one is 02 that says date satisfied 28/11/2007 , then there another entry from lowells where they have turned it into a credit card and this says default date 06/05/2008 ....

[nemesis45]

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

Ok the " satisfied" entry denotes the sale of the debt, both entries must have the same default date.

[Tolsky]

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

There's no default date on the 02 entry only on the lowells entry as a credit card

[Tolsky]

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

Recieved a letter today from the county court today , notice of proposed allocation to small claims track .. There's a lot in there about mediation , do the legal beagals recommend that I mediate or just go ahead to court ???