Bryan Carter / Lowell / Three Mobile Court Claim

[Tlord]

Hello All,

I've just received a court claim issued on 20th March 2015 for a mobile phone contract from 2009.

Some details:

> Account opened sometime in 2007
> Last payment was made in September 2009
> Default registered by Lowell in April 2010
> The default shows on my credit record

About 5 months into my second contract with Three my new phone stopped working. I took this into my local high street shop explaining to which the representative told me I would 'need to buy a new one'. Irate at that response, I then spoke to the Manager and told him I now longer wished to deal with his company and to cancel my contract - leaving the phone with him and walking out.

I'm aware that may not have been the smartest thing! I'm now stuck in this situation where I want to contest but am not sure if I have a leg to stand on - can I get some advice please?

After this event I didn't receive any further correspondence from Three and no default notice as far as I am aware - that is until Lowell started sending letters.

I've not spoken to Lowell or Bryan Carter - who for the first time ever have just tried to contact me by phone - by calling my workplace on the 24th March, leaving a message for me to call them back.

After reading other forum posts, I was thinking as my next steps:

> Sending a CPR 31.14 to Bryan Carter
> Acknowledge the claim online through moneyclaim

I'd greatly appreciate some of your thoughts on this one!

Thank you

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi welcome to LB,
Just for clarification Lowell did not register a default a debt purchaser can only update
the original creditors credit reference file entry. the default would be registered prior
to the sale to Lowell.

A mobile phone contract is not a " regulated credit agreement" and a default notice such as is needed for a credit agreement is not required for a " service contract" a demand or a final demand for payment would have been made prior to a default being placed and registered with a credit reference agency.
You are correct dumping the phone in the branch was unwise to say the least.

If the Particulars of claim mentions an agreement then yes CPR31.14 is applicable and should be sent.

The alleged debt ( how much is this) is not statute barred so the claim is not out of time.
What can you suggest for a defence in this matter?
Please post a copy of the Claim Form after removing personal identifiers.

nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi Nem,

Thanks for the quick reply and clarifying about the default - when looking at my credit record I see it was updated two years after the default was recorded.

The debt is for £389 with my credit record showing a Delinquent Balance of £70.

I've attached the claim form as requested - with it showing an 'agreement between the original creditor and the defendant'.

Where it comes to a defence, stupidity or hotheadedness just doesn't cut it, right?

I guess the only defence I may have is that as the phone was under warranty, should they not have agreed to send it for repair, rather than responding with a flippant remark? Saying that - I have no evidence that happened.

Again, appreciate any insight you may be able to give.

Thank you.

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

OK send a CPR31.14 request to Carter for the " agreement " mentioned in the POC. ( template in forum library).

Next " Prove It " Letter to Lowell.

To Ms Sara de Tute,
Legal Counsel
The Lowell Group.

Ref Claim No. xxxxxxxxxxxxxxxx.

Ms de Tute,

I ref to the above mention claim regarding an alleged debt arising from an account with 3 mobile.

I am unable to reconcile the amount claim and require sight of the original agreement mentioned in the particulars of the claim.I have sent a CPR 31.14 request to Bryan Carter LLP but I'm aware that Lowell's appointed solicitor claims that this does not apply to small claims, but as this claim has Not be allocated to a track CPR 31.14 is still relevant to this claim.
I await your prompt reply.

Use signed for post and check delivery date.

If Lowell/Carter can play games so can we.!!!
nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Good stuff Nem - thanks.

OK so both of these letters have been sent recorded today.

I would have sent sooner but circumstances transpired against me.

I'll keep this thread updated.

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Ok !!

nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi Nem,

Received a response from Bryan Carter today - please see this attached below.

I think this is their standard response to which I should follow up with the second letter here > CPR 31.14 Request > is this right?

I've yet to receive a response from Ms de Tute.

Thanks Again.

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Can anyone please advise on the above post?

I need to act quickly.

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Yep standard reply nonsense, so yes send the second letter spot on.

nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hello Again,

After receiving another standard response advising that they do not need to provide a copy of the agreement, I entered a no evidence defence.

Since that time I have received two letters from Bryan Carter, the latest one yesterday.

Can you advise of what my options are at this stage and perhaps shed any light on whether their intention to proceed in court is absolute?

Thank you in advance.

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi,
Offering mediation so I suspect that Lowell has nothing to back up the claim.
Agree to mediation only via the HMCTS Small Claims Mediation Service so as to avoid
contact with " Carters helpful team" who will attempt to persuade you to pay on their terms
forgetting the fact that there is no telecoms contract to hand.
There is a possibility they may not proceed at all, no guarantee though.

nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi Nem,

I've applied to have mediation through HMCTS Small Claims Mediation Service though have also just received today a 'Notice of Proposed Allocation to the Small Claims Track'.

Does this mean that Bryan Carter intend to proceed to court?

Thanks

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

No, the allocation to the small claims track is procedural.

If are accepting mediation via HMCTS SCMS, then all is fine.

nem

[Tlord]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi Nem,

I've now received a copy of Bryan Carter's Directions Questionnaire, a copy of which is attached below.

Nothing has been updated on the claim history on MCOL.

I'm wondering what would be the next steps if we are unable to settle through mediation? Would there be a court hearing?

Thanks, T

[nemesis45]

Re: Bryan Carter / Lowell / Three Mobile Court Claim

Hi,

The hearing would be at the nearest available court to your address.
Agree to mediation.
If the mediation fails or does not take place the claim will go forward
to a hearing and you will need defence and witness statements filed.

MCCOL may be slow on updates check again after the weekend.

nem