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

[brian12368]

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

Thank you. Is this any better?

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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

Thank you. Is this any better?

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

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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

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

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.

No, you don't need to contact them, the Dynamic Duo have 28 days to reply to your defence saying whether they wish to proceed. If they don't reply, the case will be stayed but you won't be informed. :ranger: If they reply you'll hear from the court and possibly also get a letter from Carter inviting you to settle. :blah: :blah:

[MIKE770]

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

No, you don't need to contact them, the Dynamic Duo have 28 days to reply to your defence saying whether they wish to proceed. If they don't reply, the case will be stayed but you won't be informed. :ranger: If they reply you'll hear from the court and possibly also get a letter from Carter inviting you to settle. :blah: :blah:

which will be another begging letter from them

[brian12368]

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

Yep,

just got letter through today from them saying that Lowell intend to proceed to court but they will give me one final chance to save me further costs and Bryan Carter will try to mediate a suitable negotiation between us.

I take it i don't have to do anything as yet regarding that letter as it is not from the court?

Thanks

[MIKE770]

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

usual last begging letter

[FlamingParrot]

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

Yep,

just got letter through today from them saying that Lowell intend to proceed to court but they will give me one final chance to save me further costs and Bryan Carter will try to mediate a suitable negotiation between us.

I take it i don't have to do anything as yet regarding that letter as it is not from the court?

Thanks

He's sooooo predictable! Always fires up the same template letters to everyone. They are just a last ditch attempt at trying to get people to pay up and shut up. :nono:

You are right not to do anything, just file it under "C". :lol:

You'll soon get the N180 small claims questionnaire from the court, that one you do need to fill in and return. :typing:

[brian12368]

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

Just to update you all. I still haven't had anything off either the courts or bryan carter. I assume this is normal?

Thanks :-)

[Amethyst]

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

Yes completely normal, if you have heard nothing in a week, give the court a call and check with them if anything is happening, even if just to put your mind at rest that all is well - As FP says, the next thing you should get is the N180 directions/allocation questionnaire.

[brian12368]

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

Ok,
Just got form through from the courts stating that the claim is being put through small claims track and then a form attached to that one regarding mediation. Do i tick yes i agree to mediation? Then just fill in rest of the small claims track questionnaire? And on the mediation form the three questions i have been given are - i am willing to comprise on this matter y/n & confirm no police involvement y/n & I have enough information about the claim to enter into negotiations y/n -
For the first 2 questions i assume its yes, but for the last one is it best to tick no, since they never sent me any of the information i requested?

Thanks again for this :-)

Briana x

[nemesis45]

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

Ok,
Just got form through from the courts stating that the claim is being put through small claims track and then a form attached to that one regarding mediation. Do i tick yes i agree to mediation? Then just fill in rest of the small claims track questionnaire? And on the mediation form the three questions i have been given are - i am willing to comprise on this matter y/n & confirm no police involvement y/n & I have enough information about the claim to enter into negotiations y/n -
For the first 2 questions i assume its yes, but for the last one is it best to tick no, since they never sent me any of the information i requested?

Thanks again for this :-)

Briana x

Yes to mediation always the court expects the parties to a claim to attempt resolution without recourse to a hearing.
Yes to compromise.
No to police involvement.
No to enough information if the claimant has not complied with CPR 31.14 and/or CCA Request.
No to contesting jurisdiction.

nem

[brian12368]

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

Just received a email from scm mediation service with the same form that I sent back into the court, asking me to answer the same four yes or no questions.
But this one gives me a date for telephone mediation session, except this is on a day when I won't be here which I stated on my form that I sent in. As I'm away until beginning of January from next week for work. I know the court received the form yesterday lunch time.
So I've told them that and also that I do not have enough evidence so couldn't not answer yes to that question.
Now just got to wait for them to reply back.

Thanks :-)
Briana

[nemesis45]

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

Just received a email from scm mediation service with the same form that I sent back into the court, asking me to answer the same four yes or no questions.
But this one gives me a date for telephone mediation session, except this is on a day when I won't be here which I stated on my form that I sent in. As I'm away until beginning of January from next week for work. I know the court received the form yesterday lunch time.
So I've told them that and also that I do not have enough evidence so couldn't not answer yes to that question.
Now just got to wait for them to reply back.

Thanks :-)
Briana

OK, you will need to keep a close watch on the post somehow if you miss out any part of the
process the claimant is likely to apply for summary judgement.

nem

[brian12368]

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

Thanks,
My daughter is going to keep an eye on it and let me know if anything comes through.

Briana