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

[brian12368]

Hi,
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.
I am busy typing up letter template for cpr31.14 and sorting out to put a defence into court online system, but i have a few queries on the template it says about them providing copies of the documents the have stated on the court form but all i have on my form is the following:-

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


Then it adds the 8% interest on.
That is all i can find. So do i just ask them to send everything stated on the template letter (thats relevant) or have i missed something within that text?

Also do i send the same letter to bryan carter and the courts?

And the filing my defence part is 32 days after form is dated is that correct?

Thanks for any help you can give. Never done this before so i am a totally newbie. I have read over most of the posts today but i am still lost.


Thanks again


Edit:- 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).

[brian12368]

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

Can i just say a huge thank you to you all for your help. Got a letter through from Bryan carter stating they are dropping the case So Thank You all!!

Briana

[nemesis45]

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

OK that's good!!

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

[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

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

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

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

[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

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

Thanks :-)

[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:

[MIKE770]

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

usual last begging letter

[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

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

[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: