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

[nemesis45]

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,

Yes submit online!

[Butch3r84]

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

Ok so i found the defense template imv posted it below can someone just help me with the questions i have at the bottom please

1: I received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defense.

3: This claim appears to be for a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from o2] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

7. It is denied that o2 served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.]

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

3. what shall i put i know its o2 but its never said if its a phone contract or the actual phone?
9. they sent nothing back but i did send another letter again after the first one shall i repeat these steps
10. i didn't need to send this il delete it
11. is this relevant? this one proper confuses me!

so will this be enough? have emphised enough that i have ZERO documents, is it to generic? and not personal enough?


Thanks for the help
Mark

[Butch3r84]

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

also you said you counterclaimed? is this something i should be doing? what did u claim for?

[philvasili]

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

Firstly, don't worry. Don't give your phone number to them and write a letter saying you contest the debt and will do so in court. Don't answer any of their threatening letters other than those directly related to the court appearance. You will have to submit a defence to the court and BCS. I'm not the best person for advice on the legal detail. There are other people on here that can help you do that. In your witness statement say you dispute the debt. If you have documents that you will use to dispute it in court you must provide them with your witness statement. In court challenge them to produce all original documents that supports their claim that you owe money. They wont have them! Also, ask them to produce a representative from the firm to whom you owed the original debt to be present as a witness. Again, they won't be able to. Make a submission to the judge that you feel BCS have no locus standi in this matter as they were not the original debtors and cannot produce original documents. Also, it is important you don't incriminate yourself by showing or producing any documents that suggest you do owe the debt even if you are using them in your defence. You could incriminate yourself. Good luck (though you won't need it. BCS are cowboys and even the judges know this now. In my case she effectively threw the case out before their legal representative opened his mouth!).

- - - Updated - - -

I counterclaimed because I felt o2 owed me compensation for breach of contract. I lost that because I couldn't produce my original bills which showed overpayment to o2

[nemesis45]

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

A creditor, or Debt purchaser instructs a firm of solicitors to commence and oversee a claim, that firm of solicitors can quite properly employ the services of a solicitor closer to the court at which a claim will be heard.
To clarify all documents that both the claimant and the defendant have to disclosed at least 14 days prior to a hearing, with debts regulated under CCA 1974 (as amended) a debt cannot be enforced without a copy or reconstituted copy of said agreement.

The original creditor has no further interest in the debt an is unlikely to appear as a witness, ( a witness to what I don't know?)
Your statement that BCS has no locus standi in the claim is wrong for whatever else Carter maybe he is a solicitor and the legally instructed representative of the claimant.
As to BCS "not being the original debtor and cannot produce original documents" make no sense whatsoever!

Your one off experience was with a " Service Contract" not regulated by CCA 1974 to say in every case no documents will be produced is unhelpful, we see cases discontinued by claimants as the don't have them But as we have seen this week a claimant has produced a compliant agreement some months after the discontinuation and is now pursuing the debt once again.

Every case is different and a stock answer derived from one claim cannot fit every case.

nem

[FlamingParrot]

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

Ok so i found the defense template imv posted it below can someone just help me with the questions i have at the bottom please

As previously stated, it's not really a template but an example, which needs to be amended to suit each case. The example is based on a claim for a regulated credit agreement which would have additional items to address that fact. See items highlighted below and comments. Do post up if you have any more questions. :shout:

Obviously the bits in square brackets/bold have to be amended to suit, the brackets removed and the text just plain text and not bold. :thumb:

1: I received the claim [Claim Number] from the Northampton County Court on [Date you received the claim]

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defense.

3: This claim appears to be for a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

This has to be changed to a mobile contract, and they are not regulated by the Consumer Credit Act.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

This would have to be changed to provision of services as mobile contracts are not credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case states that the account was assigned from o2] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.
7. It is denied that o2 served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

This has to go as mobile contracts are not regulated by the CCA.

8: On the [Date] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to [Claimant's Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment] .

There would be no credit agreement or default notice, just a contract and the notice of assignment.

9. [Claimant's Solicitor] has not sent any of these documents to me.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

These do not apply to mobile contracts due to not being regulated by the CCA.

[Butch3r84]

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

ok now im proper confused is there a part of this site i can be guided through it i don't know if i'm supposed to be writing this as a massive paragraph or bullet points, how to write it so its legal and makes sense, if i have to include all these code numbers and stuff and now im panicking. i don't understand the last 3 posts, i find alot of the posts on the forum stop at this point which is worrying me,

[Butch3r84]

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

Ok guys so i took 5 mins out and sat back down found something on the site too help me and iv come op with this so far

• I Deny all alegations put against me in claim Number ********* , i have requested the informaition regarding this allagation via letter (dated XX/XX/XX ) under Cpr.31 and was told it was allocated 'most porperly' to a small claims track, i disputed this after seeking legal advice with a follow up letter which stated it had not been allocated to anywhere yet, they replied with the same letter just dated differently, i feel they failed to read my request. without them supplying me any evidence of this debt i do not know what im looking for or defending myself against.

I require the claimant provide me with all the documents i requested to prove i owe this debt below are the documents i have requested;

• Agreement
•Default Notice
•Assignment
•Finance and / or service and / or goods agreement and / or contracts

•They are refusing to supply any information to me to defend myself which to me seems very unfair if they claim i owe this debt they should have a record and/or contract of it, without these documents i feel this is very
unfair

I believe the facts stated in this defense are true


what else can i put in it to help me and flesh it out abit, its hard considering i dont know what im defending myself against as they wont supply me with anything

- - - Updated - - -

this is what i used to help me
If you wish to defend the claim you should include the following points in your defence:
• Which of the allegations set out in the claim form or Particulars of Claim you deny, and why
• Which of the allegations you can neither admit nor deny (perhaps because you cannot remember exactly what happened and the claimant has not provided enough information for you to be sure), and require the claimant
to prove
• Which allegations you admit to
• A statement of your version of events
• If you believe that you are entitled to money which you say the claimant owes you, as part of your defence, you should say how much you believe you are entitled to,
and
• A Statement of Truth (“I believe that the facts stated in this defence are true”).


Read more at: http://legalbeagles.info/prepare-a-d...#ixzz3l8ZjVU5x

[enaid]

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

Removed you claim number as one never knows lol x

[FlamingParrot]

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

ok now im proper confused is there a part of this site i can be guided through it i don't know if i'm supposed to be writing this as a massive paragraph or bullet points, how to write it so its legal and makes sense, if i have to include all these code numbers and stuff and now im panicking. i don't understand the last 3 posts, i find alot of the posts on the forum stop at this point which is worrying me,

You need to leave it something like this, note the bits in red you have to fill in and/or remove if they are not applicable.

1. I received the claim number [xxxx] from the Northampton County Court on the 11th of August 2015.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a services agreement with O2.
4. The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
5. The particulars of claim fail to state when the agreement was entered into.
6. The Claimant's statement of case states that the account was assigned from O2 to Lowell Portfolio I Ltd on the 31st of May 2011. The Defendant does not recall receiving notice of this assignment.
7. On [xx/August/2015] I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment]. [Include those items you requested in your letter.]
8. Bryan Carter has not sent any of these documents to me.
9. [I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. Not sure whether you requested an extension and Carter declined, remove this item if you didn't ask him to agree to an extension.]
10. 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.
11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defense, and would ask that the Claimants bear the costs of the amendment.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

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



Signed …………………………………………

Dated .................................................. ....

[Butch3r84]

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

Hi, Guys,

Had some letters back last week so now im just wondering whats my next move?

the lowell letter says there customer relations department are looking into it and will write to me once they have a resolution but they say my account is with Fredrick Dickinson (who??) they also said they enclosed a leaflet but that wasn't in there?

The carter letter just says there going to proceed with this matter BUT before they do they are prepared to enter into negotiations? iv attached the letters so you can see them.

Im not prepared to negotiate unless iv seen proof that this is my debt, like i keep asking them, so what now? do i just wait? do i have to call them? fingers crossed the end is nigh!!!

[nemesis45]

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

Hi, Guys,

Had some letters back last week so now im just wondering whats my next move?

the lowell letter says there customer relations department are looking into it and will write to me once they have a resolution but they say my account is with Fredrick Dickinson (who??) they also said they enclosed a leaflet but that wasn't in there?

The carter letter just says there going to proceed with this matter BUT before they do they are prepared to enter into negotiations? iv attached the letters so you can see them.

Im not prepared to negotiate unless iv seen proof that this is my debt, like i keep asking them, so what now? do i just wait? do i have to call them? fingers crossed the end is nigh!!!

Fredrickson is part of the Lowell/Interlaken group acts as the collections/ account management arm of Lowell and often is involved in starting claims for Lowell.

Standard " begging" letters.

nem

[FlamingParrot]

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

Hi Butch

the lowell letter says there customer relations department are looking into it and will write to me once they have a resolution but they say my account is with Fredrick Dickinson (who??) they also said they enclosed a leaflet but that wasn't in there?

They may have interpreted some of your communications as a complaint. Fredrickson is just one of the companies in the Lowly Group. :grin:

Hi, Guys,

Had some letters back last week so now im just wondering whats my next move?

The carter letter just says there going to proceed with this matter BUT before they do they are prepared to enter into negotiations? iv attached the letters so you can see them.

Im not prepared to negotiate unless iv seen proof that this is my debt, like i keep asking them, so what now? do i just wait? do i have to call them? fingers crossed the end is nigh!!!

That's just Carter's standard template letter response to anyone who files a defence. A last ditch attempt at extracting funds if someone decides to bite. :nono:

Both letters can be safely filed away. :ranger:

[Butch3r84]

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

HI there guys!!!!.

Well i filled them away and still haven't heard anymore yet? do they have a date they need to come back to me by? or can this just carry on and on? i'm looking forward to the end of this!!!!!

Hope your all well

[nemesis45]

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

HI there guys!!!!.

Well i filled them away and still haven't heard anymore yet? do they have a date they need to come back to me by? or can this just carry on and on? i'm looking forward to the end of this!!!!!

Hope your all well

Defence filed and acknowledged? if so the claimant has 28 days to respond if they don't file with in 28 days after they received the defence the court will stay the claim, you will not be told this has happened. You will need to check with the court after the 28 days has expired.

nem