Receive court claim from Bryan carter

[greensoarer]

Hello folks
First post so bear with me. I have a couple of pebbles in my shoe at the moment called Carter and Lowells, i suspect they are well known around here.LoL
Anyway the story so far is that they are chasing me for an alleged debt form a mobile contract. I am pretty good at research and up to now have acknowledged service of claim and elected to defend all of the claim. I have also sent a CPR request to BC for the docs he is relying on in the POC. No reply yet but there is time.


Now i am at the moment still trying to workout if the alleged debt would be SBd so needless to say i am looking at other angles of attack as well. So as the POC clearly states that the account was purchased by there client, which would be Lowells,does there need to be a Novation agreement in place?
It is obvious that there wont be as i would have chopped my hands off before signing such a thing but am i understanding it right that if they purchased the account without a novation agreement then i am out of the equation regarding any obligation to the purchaser.

Any advice would be helpful
Cheers

[wales01man]

Re: Receive court claim from Bryan carter

Novation they don't need your consent to sell on the debt you must defend the best you can or check its Sb

[greensoarer]

Re: Receive court claim from Bryan carter

Novation they don't need your consent to sell on the debt you must defend the best you can or check its Sb

OK thats fair enough, i think the novation route would be for a different scenario.
The next thing is assignment.......is the deed of assignment something i need to see as opposed to the notice of assignment? BTW never seen any.
Next thing is the SBd. this may be cutting it fine as the last payment and indeed contact was on the 14th April 2009, confirmed by bank statements.
Cheers

[Debt Camel]

Re: Receive court claim from Bryan carter

You have no right to see the deed of assignment.

[Amethyst]

Re: Receive court claim from Bryan carter

Hello folks
First post so bear with me. I have a couple of pebbles in my shoe at the moment called Carter and Lowells, i suspect they are well known around here.LoL
Anyway the story so far is that they are chasing me for an alleged debt form a mobile contract. I am pretty good at research and up to now have acknowledged service of claim and elected to defend all of the claim. I have also sent a CPR request to BC for the docs he is relying on in the POC. No reply yet but there is time.


Now i am at the moment still trying to workout if the alleged debt would be SBd so needless to say i am looking at other angles of attack as well. So as the POC clearly states that the account was purchased by there client, which would be Lowells,does there need to be a Novation agreement in place?
It is obvious that there wont be as i would have chopped my hands off before signing such a thing but am i understanding it right that if they purchased the account without a novation agreement then i am out of the equation regarding any obligation to the purchaser.

Any advice would be helpful
Cheers

You need a notice of assignment and a default notice.

Have you acknowledged the claim, and sent a CPR 31.14 request ? see details http://www.legalbeagles.info/forums/...it-Court-Claim ( nb. the CCA request won't apply as it is a mobile phone account )

You should at least ask them to evidence the debt and show how the amount claimed is calculated, and also inform them the debt is statute barred, before you submit your defence.

[Streetwise]

Re: Receive court claim from Bryan carter

OK thats fair enough, i think the novation route would be for a different scenario.
The next thing is assignment.......is the deed of assignment something i need to see as opposed to the notice of assignment? BTW never seen any.
Next thing is the SBd. this may be cutting it fine as the last payment and indeed contact was on the 14th April 2009, confirmed by bank statements.
Cheers

What date was the claim issued.

[greensoarer]

Re: Receive court claim from Bryan carter

You have no right to see the deed of assignment.

Thats OK, thats why i asked the question. But again as i understand it and i may well be wrong there is no need for a notice of assignment to be issued on a service contract which if i am right begs the question of what do they have to do?
cheers

- - - Updated - - -

What date was the claim issued.

seem to have crossed while posting.

the claim was issued on the 28th Aplil.

[greensoarer]

Re: Receive court claim from Bryan carter

You need a notice of assignment and a default notice.

Have you acknowledged the claim, and sent a CPR 31.14 request ? see details http://www.legalbeagles.info/forums/...it-Court-Claim ( nb. the CCA request won't apply as it is a mobile phone account )

You should at least ask them to evidence the debt and show how the amount claimed is calculated, and also inform them the debt is statute barred, before you submit your defence.

claim is acknowledged and CPR request has been sent. did not bother with CCA request as i am aware its not a CCA agreement.

[Amethyst]

Re: Receive court claim from Bryan carter

Good stuff.

[Streetwise]

Re: Receive court claim from Bryan carter

Thats OK, thats why i asked the question. But again as i understand it and i may well be wrong there is no need for a notice of assignment to be issued on a service contract which if i am right begs the question of what do they have to do?
cheers

- - - Updated - - -


seem to have crossed while posting.

the claim was issued on the 28th Aplil.

Looks like it's SB, that is a total defence.

[greensoarer]

Re: Receive court claim from Bryan carter

Looks like it's SB, that is a total defence.

Well that sounds good. If i move on slightly and this thing makes it to court, if i have all the bank statements showing payments and then the sudden stop and the no more is that proof?
cheers

[Streetwise]

Re: Receive court claim from Bryan carter

Well that sounds good. If i move on slightly and this thing makes it to court, if i have all the bank statements showing payments and then the sudden stop and the no more is that proof?
cheers

Just make sure you defend in time and just state in your defence SB,you could write to Carter and say its is SB but he will try and get judgement by default WATCH your timescales.

[greensoarer]

Re: Receive court claim from Bryan carter

Just got BCs reply to the cpr request. Usual rubish about case more than likely will be allocated to small claims track so cpr don't apply. Also OC would have issued the paperwork so check my own records and there client wont give extra time to do my defence,which I dident ask for.
I take it I should send the belt up letter and remind him of his duty to comply with the cpr request.
Cheers

[greensoarer]

Re: Receive court claim from Bryan carter

Just an update and anyone's thoughts would be welcome although i appreciate i may need to speak to the court.
Did the usual stuff by asking BC for the documents mentioned in POC. Got his usual reply so sent another letter reminding him of his duty. Needless to say i got the same response and also a refusal to extend.
Sooooo..bear with me. I decided i really needed to follow through with the CPR request so sent of the N244 along with fee to try to obtain a "unless order"
Now i though/or think...i still need to file a defense as unfortunately time is not on my side as my 28+5 has dropped on a month with two bank holiday weekends in it so my "unless order" is in a big pile of letters a Northampton. OR SO I THOUGHT.
I have just been online on the MCOL site for the first time as the site was down when i first got the claim against me and interestingly it says in the history bit that:-
A claim was made against me on the 28/04/15
You acknowledged the claim on 05/05/15
YOUR claim has been sent to my local court on 21/05/15

It also says i can no longer respond online?
Going on the date it is obvious it is the "unless claim" that has been sent to my local court as the claiments claim is still within time but the site will now not let me file a defense i was not going to yet but still it wont now let me...so does this mean i now dont have to till the unless order is dealt with?
sorry for the long post.
cheers,

[nemesis45]

Re: Receive court claim from Bryan carter

Check with you local court tomorrow to see if they have
the claim and what documents have been filed.
File defence with your local court.
You can use the fact documents requested have not been
disclosed, and looking back on the possibility of the debt#
being stat barred, the six year Limitation Period starts at the
point where the creditor can Demand Immediate Payment In
Full, usually this is when you receive a formal demand for
payment and/or a Final Demand letter, not when payment
was last made.

nem