Bryan Carter/Lowell/O2 court claim

[andymaxit]

Hi everyone,
My son has had a court claim issued against him on 11/02/12015.
This is for an old O2 mobile phone account in 2009.
I have acknowledged the claim on line and filed to defend.
Also sent a CPR 31.14 to Bryan Carters, which they replied to in the usual way saying thy dispute my rights to request those documents etc.
I am about to sent the response out lined in your template.
I have attached copies of court claim and Carter response letter.
What do I do now and have I done everything right up to date?

[nemesis45]

Re: Bryan Carter/Lowell/O2 court claim

Hi, standard Carter crap reply.
As the claim has not been allocated to a track CPR31.14 is relevant and applicable to this claim.
Tell him this:

Ref: Claim No:..................................

Dear Mr Carter,
I am in receipt of your letter in regard to my request made under CPR 31.14 which you claim is not applicable to this case as it May be allocated to the small claims track.

I am sure you are fully aware that this claim has Not been allocated to a track at this time, meaning that CPR31.14 does apply.

I know expect to receive the documents mentioned in the particulars of claim within 3 working days of the date hereon.

Failure to comply will result in complaints being made to the relevant regulatory bodies and the failure to comply will be brought to the attention of the court.

Signed for post: addressed to Carter in person.

nem

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

Hi Nem,
I have already printed out a reply from the templates page and will send it recorded delivery later this afternoon,
http://www.legalbeagles.info/forums/...sclosed-in-SOC

Is that OK?
What happens next?

[nemesis45]

Re: Bryan Carter/Lowell/O2 court claim

That's fine.
It's wait and see for a while.
Start getting defence and WS ready.

nem

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

That's the part I'll need help with, defense and WS (?) :tinysmile_hmm_t2:

[nemesis45]

Re: Bryan Carter/Lowell/O2 court claim

It would be a good idea to take a look round other threads Lowell/Carter it will give you a very good idea what you need to do.
Write up a draft and post here for guidance.

nem

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

I received this letter today. How can the treat people like this.
What now? What grounds do I defend on?
This is all getting to much for me I'm afraid, I'm so far out my depth.

[nemesis45]

Re: Bryan Carter/Lowell/O2 court claim

It matters not one iota which track the claim may be allocated to, it has not yet been allocated so CPR31.14 still applies, tell Carter to get their act together and comply.

nem

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

I already sent a reply to their first crappy letter telling them to comply and that was their response so I guess I'll need to start Defense and WS.

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

Here is a quick draft of what my defence will be, help would be appreciated please. (Thanks to Amethyst whose template I used).

1. The Claimants claim is for a debt is alleged to be owed to O2 on A/C No. xxxxxxxxx.
2. The Defendant does not recognise the debt from the details given and is unable to ascertain whether there is any amount owing to the original creditor or the claimant.
3. Despite requests for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement/contract between O2 and the Defendant.
4. No date of inception of the account has been given.
5. No default notice has been received by the Defendant.
6. The claimant states that the account was assigned from O2 to Lowell Portfolio I on 30/11/2010. The Defendant has not received any notification of this assignment.
7. 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.
8. Should the Claimants adequately evidence the debt the Defendant reserves the right to amend his defence.


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

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

Please can someone help me
I do not know if I am doing the right thing.
Also where do I send Statement, I tried logging in the money claim site but it will not let me in.

[Molly2015]

Re: Bryan Carter/Lowell/O2 court claim

Hi Andy, you need to submit your defence on the money claim website. Is there a forgotten details link when you try to login? If you cannot submit online there will be a part in the original claim pack from the court that you need to fill in and post to the court. I have recently submitted my defence but no witness statement to date. Once I submitted my defence I got a letter from the court stating the claimant now has 28 days to respond. If they still wish to go ahead I think it is at that point we would need to complete a witness statement.

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

Hi Molly,
I needed to scroll down browser to bottom where the claim was lol.
So is the above defence ok anyone? Should I submit it, if I do can I amend it should I need to??

[andymaxit]

Re: Bryan Carter/Lowell/O2 court claim

Please reply someone i need advice.

[Amethyst]

Re: Bryan Carter/Lowell/O2 court claim

Hi Andy

Just reading back xx