Court Claim - lowell / o2 - 13-8-2015

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Sorry taken a while to get back online.
Sent defence in over a week ago and got letter from bryan carter via the court saying they have received defence and have passed to their 'clients' to decide how to proceed within 28 days. Do i know just wait to hear from the court again or do i need to contact them before the 28 days is up.

Thank you so much for all your help.

[FlamingParrot]

Re: Court Claim - lowell / o2 - 13-8-2015

Thank you. Is this any better?

It is, :thumb: just a few comments below:

---

1: I received the claim xxxxxxx from the Northampton County Court Business Centre on 16^th August 2015

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

3: The Claimant's statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the contract was entered into, the date of any alleged default or any detail how the sum claimed has been calculated. It was a contract rather than a credit agreement.

4: The claim is Statute barred by virtue of section 5 of the Limitations Act 1980. Removed the bits about the credit files because default dates on them do not determine SBd.

5: The Claimants statement of case does not state who the account was assigned from to Lowell only that Lowell was assigned it on 04/01/20212. The Defendant does not recall receiving notice of this assignment. The particulars do state O2, don't they? In that case you may only want to leave the part that says the defendant does not recall receiving the assignment notice.

Took out the bit about a final demand before recording a default as we are not discussing the recording of a default.

6: On the 19^th 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 Solicitors. I requested the Claimant provide copies of the original contract, default notice and notice of assignment.

8: Bryan Carter Solicitors has not sent any of these documents to me.

9: 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.

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

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

Statement of Truth

Have added back the last paragraphs because they still apply to a mobile contract, only the one about the CCA request does not.

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Thank you. Is this any better?

---

1: I received the claim xxxxxxx from the Northampton County Court Business Centre on 16^th August 2015

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

4: The claim is Statute barred by virtue of section 5 of the Limitations Act 1980. There is no record of the original debt in the seven years that are visible on my credit file.

5: The Claimants statement of case does not state who the account was assigned from to Lowell only that Lowell was assigned it on 04/01/20212. The Defendant does not recall receiving notice of this assignment.

6: The claimant has failed to produce any Demand for Payment in Full or Final Demand issued prior to the recording of a default in regard to the alleged debt

7: On the 19^th 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 Solicitors. I requested the Claimant provide copies of the original contract, default notice and notice of assignment.

8: Bryan Carter Solicitors has not sent any of these documents to me.

9: The Claimant has failed to produce any form of contract relevant to the alleged debt.

[FlamingParrot]

Re: Court Claim - lowell / o2 - 13-8-2015

Ok, so busy trying to do defence, could someone please have a check over this for me? Also I am unsure if the part i have highlighted (#6) is relevant with this being regarding a mobile phone company?

Thanks!

---

1: I received the claim xxxxxxxx from the Northampton County Court Business Centre on 16th August 2015

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

4: The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

5: The Claimants statement of case does not state who the account was assigned from to Lowell only that Lowell was assigned it on 04/01/20212. The Defendant does not recall receiving notice of this assignment.6: It is denied that xxxxxxxx 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.

Not being a credit agreement regulated by the CCA you can't argue non compliance with s.87 of the Act.

7: On the 19th 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

As above, this is not a credit agreement.

8: Bryan Carter Solicitors' has not sent any of these documents to me.

9: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

S.78 of the CCA does not apply to mobile contracts.

Hi,
******Add date CCA request was sent, and confirm £1 .00 statutory fee paid.************* see below**********
Perhaps add reason for claiming SB e.g No Payment or unequivocal written acknowledgment of the alleged debt has been made in the 6 year period up to the data of issue of this claim.
*****BUT (9) is not relevant to a a mobile phone account which is a service contract not regulated under CCA 1974.*******
**********Add the Claimant has Failed to produce any form agreement or contract relevant to the alleged debt**********

So we shouldn't mention anything regarding a CCA request or £1 statutory fee.

[nemesis45]

Re: Court Claim - lowell / o2 - 13-8-2015

Hi,
******Add date CCA request was sent, and confirm £1 .00 statutory fee paid.************* see below**********
Perhaps add reason for claiming SB e.g No Payment or unequivocal written acknowledgment of the alleged debt has been made in the 6 year period up to the data of issue of this claim.
*****BUT (9) is not relevant to a a mobile phone account which is a service contract not regulated under CCA 1974.*******
**********Add the Claimant has Failed to produce any form agreement or contract relevant to the alleged debt**********

***** (6) amend the claimant has failed to produce any Demand for Payment in Full or Final Demand issued prior to the recording of a default in regard to the alleged debt************

nem

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Ok, so busy trying to do defence, could someone please have a check over this for me? Also I am unsure if the part i have highlighted (#6) is relevant with this being regarding a mobile phone company?

Thanks!

---

1: I received the claim xxxxxxxx from the Northampton County Court Business Centre on 16^th August 2015

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

3: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. The particulars of claim fail to state when the agreement was entered into, the date of any alleged Default or any detail how the sum claimed has been calculated.

4: The claim is Statute barred by virtue of section 5 of the Limitations Act 1980.

5: The Claimants statement of case does not state who the account was assigned from to Lowell only that Lowell was assigned it on 04/01/20212. The Defendant does not recall receiving notice of this assignment.

6: It is denied that xxxxxxxx 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.

7: On the 19^th 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 Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8: Bryan Carter Solicitors' has not sent any of these documents to me.

9: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

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

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

Statement of Truth

---

Thanks again

[FlamingParrot]

Re: Court Claim - lowell / o2 - 13-8-2015

Well I got a reply today, pretty much the exact same letter as they sent before i.e. probably be allocated to small claims, no extension, etc etc.

So what do I do now? Do i need to send anything else to BC or is it just submit my defence to the court?

Thank you all for your help

I think I can guess the wording of the letter, Mr Carter is not exactly innovative! :lol:

You've exhausted your options with Mr Carter, so you need to submit the "no documents provided" defence to the court. :typing:

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Well I got a reply today, pretty much the exact same letter as they sent before i.e. probably be allocated to small claims, no extension, etc etc.

So what do I do now? Do i need to send anything else to BC or is it just submit my defence to the court?

Thank you all for your help

[FlamingParrot]

Re: Court Claim - lowell / o2 - 13-8-2015

Thanks for that.would have said thanks earlier but had issues logging in from my mobile.
I sent off the cpr request on Tuesday and acknowledged the court form stating defence.
If I don't hear back from BC by Tuesday, which is their seven day limit (I know I likely will get their standard letter), do I have to do anything i.e. contact the court.?

Got the standard reply back from them about fact it'll probably be allocated to small claims court. So I'll get the response letter sent first thing Monday to them.

Yes, that's all you need to send for now. You don't need to contact the court to tell them they've not complied, knowing Carter he'll still refuse to comply or agree to an extension after your letter, however, you have to show that at least one party is following the process.

You still need to submit a defence before the deadline of 33 days from date on claim, that's when you'll tell the court about their non-compliance, when you submit a defence based around not having received anything from the lovely Mr Carter. :grin:

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Got the standard reply back from them about fact it'll probably be allocated to small claims court. So I'll get the response letter sent first thing Monday to them.

[brian12368]

Re: Court Claim - lowell / o2 - 13-8-2015

Thanks for that.would have said thanks earlier but had issues logging in from my mobile.
I sent off the cpr request on Tuesday and acknowledged the court form stating defence.
If I don't hear back from BC by Tuesday, which is their seven day limit (I know I likely will get their standard letter), do I have to do anything i.e. contact the court.?

Thanks again

[Kati]

Re: Lowell and Bryan carter county court form for a statute barred debt

Thanks i have just filled in the form so it has started a new thread.

I've replied to your questions on the other thread: http://www.legalbeagles.info/forums/...085#post568085

Maybe Kati will be so kind as to merge them... ray:

sorted threads merged xx

[FlamingParrot]

Re: Lowell and Bryan carter county court form for a statute barred debt

Thanks i have just filled in the form so it has started a new thread.

I've replied to your questions on the other thread: http://www.legalbeagles.info/forums/...085#post568085

Maybe Kati will be so kind as to merge them... ray:

[FlamingParrot]

Re: Court Claim - lowell / o2 - 13-8-2015

Received a claim? Yes
Issue Date: 13-8-2015
Amount approx: 358.76
Claimant: lowell
Solicitor: bryan carter
Original Credit: o2

Particulars of Claim:
This claim is for £358.76 The amount due under the agreement between the orginl creditor and the defendant to provide services.
This debt was assigned/purchased by Lowell portfolio ltd on xx/xx/2012 and the notice served pursuant to the property act 1925

particulars
re- o2 ltd
a/c no xxxxxxxxx

and the claimant claims £358.76

So do i just ask them to send everything stated on the template letter (that's relevant) or have i missed something within the particulars text?

Going by the particulars above, the only documents you could ask for would be a copy of the 'agreement' (although it's more likely to be a contract if it was a mobile phone) and the notice of assignment.

Stat Barred? Yes

Have sent:

Other Info:
I have received a county court claim form from bryan carter on behalf of lowell on a debt i am not sure if it is mine and if it is i'm pretty dang sure is well over the statute barred limit as it is saying it was a debt purchased from o2 but i have been with orange for last 7 years. I have checked experian and in the last 6 years on there the only default showing is lowell just over four years ago.

Lowell are well known to 'update' the default dates, usually to when they buy the account. That's something that can be amended, however, it does not relate to the claim.

I have added this to the cpr request letter should i leave it in or not:-- 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 (none of the payments made for said copying costs can be construed as payment to/for acknowledgement of this claim).

I'd take it out, there's no need to worry about acknowledging the debt at this stage since the SBd clock would have stopped when the claim was issued and if the debt was already SBd, then it cannot be 'un-barred' in any way, not even making a payment. :thumb:

And just to confirm i send a CCA letter with £1 (making sure it is made aware it is not for payment of the supposed debt) to Lowell.

Not in this case because it's a mobile contract and the CCA request does not apply to those, only to things like loans, credit cards and catalogue accounts which fall under the CCA.

A cpr letter/notice to bryan carter and then a copy of both letters to the court?

No, just the CPR request letter to Mr Carter (no fee required). You don't need to copy the court in on those letters, however, you do need to acknowledge the claim and tick the box saying you intend to defend it in full. :thumb: Acknowledging should be your first step as you have to do it within 14 days to avoid default judgment. :scared:

Once you've done that, you have up to 33 days from date printed on claim to submit a defence. :thumb:

[brian12368]

Re: Lowell and Bryan carter county court form for a statute barred debt

Thanks i have just filled in the form so it has started a new thread.