Help with Lowell/Carter Claim form - i want to contest it!

[Butch3r84]

Hi,

Iv been searching the net after receiving a claim form from Lowell/Carter today (dated 11/08/15) there taking me to court for a debt of £1122 from a old 02 contract i had in 2009, iv been reading up on what to do and send but im so worked up about it now my head has turned to mush. il explain from the start

Iv never ever received a phone call from them, iv read people get hounded etc but i can honestly say iv never had 1 call from them.

i saw the first letter the day before i went on holiday (yep fun having that in the mind for 2 weeks!) it was a warning letter saying i owed this and if i didnt pay they may take me to court, Because it was so out of the blue i didnt do anything about it done some research while on holiday and found posts saying it may be scare tactics etc, with no hounding or correspondence bar this letter i took the chance (stupid now..probably)

pulled up on the drive today and i started thinking bout it how its been like a month now, open the door and there it is sat there waiting for me with the 'claimant' bit staring me in the face open it up and it was like receiving a free kidney punch from Mike Tyson (iv attached a pic of the info bit of the letter dont think you need other bits of it?)

I just got a credit report, and seen that it says date of default 04/08/2010. BUT

This is what happened with the 02 contract, i take it out on 02/10/2009 (credit file date) i used it but i actually finished my contract early i was struggling with it and came to a agreement that we would cancel the phone and number pay my account upto date, so this is what i done finished it a few months early. a few months later they call me again saying i owed the account after back and forward they agreed i stuck to it and said they would cancel my account, that's the last i hear from 02

Now i have some debt company taking me to court over this, and i haven't a clue where to start or what really to do, i want to fight it so im really asking for help on what letters to send iv seen so many different ones im unsure the best one for this situation also the correct way to send them and my legal/law knowledge is non existent. i understand you must get these day in day out on the forum
so i apologies for that just i don't really have anyone to ask other than the internet!

I feel beaten, defeated and with no confidence in the system, im thinking im gonna lose so may as well go down swinging

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hi and welcome aboard

Your first step should be to acknowledge the claim. Full instructions can be found here: http://www.legalbeagles.info/forums/...313#post499313

Below you'll find the steps to take on receipt of a court claim form. I have left out step 2 because a CCA request would not apply to a mobile contract.

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Once you acknowledge you'll have a total of 33 days from date printed on claim to file a defence. :typing:

You say agreed with O2 to cancel your contract, have you any idea how the balance has grown to over £1k?

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Thanks for the reply Parrott,

I haven't a clue only thing i can think of is the account wasn't shut down properly and with adding charges for missed payments etc but without seeing it i really don't know!

Ok il fire off those letters when im back from work! fingers crossed i get some answers,

Would love to hear form anyone else that has dealt with this situation before if your reading?

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

HI,

one question when i send the letter it says 'claimants name' is this lowel? or bryan? the address for sending document is bryan carter the claimant is lowell? which one should i have used i added lowell in there? is this right?

[Amethyst]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Claimant is Lowell, but the CPR request would go to the solicitors ( as it is part of the court process ).

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

HI,

Well i had a letter back today and i really confused now, iv attached what it said, the bit im worried about it them saying there awaiting my response iv signed up and logged on to the moneyform.gov thing using my acc number and the pin on the form, there making me think i haven't done something right?

anyway would love some help with this do i give up or keep going? the bit that really confuses me is they wont give the docs because its 'most properly?' allocated to a small claims track? they start by saying they dont need to send it cause its assigned yet on the same sentence tell me its probably assigned?

much love for all the help people

[nemesis45]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hi that's just a standard template letter.
Carter use s this at every chance he gets in the hope of putting
defendants off.

The CPR 31.14 request is still relevant to this claim until it is actually allocated the
the small claims track and it's none of Carters business what may or may not have
been provided by the original creditor.
You should keep chasing this.

nem

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hi everyone, Iv been looking around for a template to use and found this one will this be ok for my reply letter to them?

also one question should i have filed any defense yet? im unsure if i should have done that by now? this is my claim history
A claim was issued against you on 11/08/2015


Your acknowledgment of service was submitted on 17/08/2015 at 17:11:34
Your acknowledgment of service was received on 18/08/2015 at 08:00:51








Request for documents mentioned in a statement of case under CPR 31.14

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

With regards to your assertion that ''we confirm this matter will most properly be allocated to the small claim track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply.''

Following appropriate advice I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise. If you continue to do so, this matter WILL be drawn to the courts attention for appropriate consideration.

Due to your refusal to comply with the civil procedure rules, I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. However, if you continue to refuse to comply i shall lodge an 'embarrassed' defence with the courts, and seek a court direct to instruct you to comply with the civil procedure rules.

If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request.

In addition I require a written statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unwilling to comply with my request for specific disclosure please inform me and I will be entering an application to the court to obtain such.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

I look forward to hearing from you within the next 7 days.

Yours faithfully

xxxxxxxxx

[Kati]

Re: Help with Lowell/Carter Claim form - i want to contest it!

also one question should i have filed any defense yet? im unsure if i should have done that by now? this is my claim history
A claim was issued against you on 11/08/2015


Your acknowledgment of service was submitted on 17/08/2015 at 17:11:34
Your acknowledgment of service was received on 18/08/2015 at 08:00:51

You get 33 days from date of issue before you enter your defence ... according to this (http://www.timeanddate.com/) your defence will be due on Sunday 13th September, so putting it in on the Saturday (12th) would be a good idea

EDIT: I've moved your thread to the court claim section xx

[nemesis45]

Re: Help with Lowell/Carter Claim form - i want to contest it!

[QUOTE=Butch3r84;570120]Hi everyone, Iv been looking around for a template to use and found this one will this be ok for my reply letter to them?

also one question should i have filed any defense yet? im unsure if i should have done that by now? this is my claim history
A claim was issued against you on 11/08/2015


Your acknowledgment of service was submitted on 17/08/2015 at 17:11:34
Your acknowledgment of service was received on 18/08/2015 at 08:00:51

That's fine, now it's time to draft a defence take a look at some of the Lowell Carter
threads with defences so you get a good idea of content/format/wording to get you
started.

What would be the mainstay of your defence is the first point to consider.
Make a draft and post here and we can go through it with you.

nem

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hi everyone, Iv been looking around for a template to use and found this one will this be ok for my reply letter to them?

If that's the first time you received their standard template, then what you posted is the usual response. :thumb: It doesn't mean they'll agree to anything but it's part of the process and you can use their refusal in your defence.

also one question should i have filed any defense yet? im unsure if i should have done that by now? this is my claim history
A claim was issued against you on 11/08/2015

Not yet, your deadline is 33 days from date on claim, if that was 11th of August then it's due on September 13th: http://www.timeanddate.com/date/date...aw=&ad=33&rec=

Your acknowledgment of service was submitted on 17/08/2015 at 17:11:34
Your acknowledgment of service was received on 18/08/2015 at 08:00:51

That's fine, just shows your acknowledgment was received, the 33 days still run from date printed on claim.

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

hi Guys,

Well got home today and iv had a reply letter....BUT its exactly the same as the last letter they sent me, i attached it for you too see,

So whats the play now? they clearly didn't read it, and they obviously don't want to give me the information to defend myself?

Mark

[FlamingParrot]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Can't see the attachment as it's been unapproved, I assume it was showing personal details. :ohwell:

If it's the same letter as before I don't need to see it, I know it by heart! :grin: They never have paperwork, claims are issued hoping for default judgment

You have done your bit - you will have the opportunity to say you've not been provided with anything when you file a generic defence. :thumb:

[philvasili]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hello. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in court on a claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared! If it does go to court ask them to prove their case with original documents and witnesses from the original creditors. Do not admit the debt.

[Butch3r84]

Re: Help with Lowell/Carter Claim form - i want to contest it!

Hi Philasili,

Thanks for the reply im just researching to submit my defense as we speak, never been so worried in my life! do i just do that online? or do i need to send anything back via post on the court forms i received first? when speaking to my GF about this i said im am definitely going to court to fight this as they wont supply anything, if i sent them a letter saying they owe me £500 they wouldn't just pay it,