Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I hate to ask but what do I do with defence once typed.. send to the court, or submit to the court. Do I send something to lowell now to request documents. I'm at a loss .. sorry

[nemesis45]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I hate to ask but what do I do with defence once typed.. send to the court, or submit to the court. Do I send something to lowell now to request documents. I'm at a loss .. sorry

You can file a defence online at MCOL Money Claim Online.
Or post to the NCCBC by signed for post. ( Don't forget to keep a copy for your self)

nem

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

What would I expect to happen after that. Baring in mind I live in the south west of england I can't get up north

[Amethyst]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

You will get an allocation questionnaire (N180 if you want a nosey at it in the library) which will enable you to tell the court which court is your local court and the case will be transferred there, so if you got to a hearing it would be near you. It won't be in Northampton - that's just the bulk paperwork centre.

It is unlikely to get to a hearing though - have a read through some other peoples threads in this forum, should give you a good overview of what to expect.

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I hate to ask but what do I do with defence once typed.. send to the court, or submit to the court.

You would submit it online on the MCOL website. May be an idea to post up your draft on here before you send it. :typing:

Do I send something to lowell now to request documents. I'm at a loss .. sorry

Did you not send a CCA request to them?

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

You would submit it online on the MCOL website. May be an idea to post up your draft on here before you send it. :typing:

Did you not send a CCA request to them?

Nope, you guys said just to write to Bryan Carter and I believe a CCA isn't applicable when it relates to a mobile contract?

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Nope, you guys said just to write to Bryan Carter and I believe a CCA isn't applicable when it relates to a mobile contract?

That is correct, it would not apply to a mobile contract because it's not a credit agreement. In that case you wouldn't need to request anything directly from Lowell, just the CPR request to the lovely Mr Carter.

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I'm looking at these example defences and drawing a blank.. my of all times do I have to ave a mental block :/

Because they refused an extension..how long to I have to get this defence submitted?

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Having looked around abit.. should I actually be replying to Bryan Carter with another letter asking them to comply with my request... or do I just come up with a defence? Should I be pursuing documents the entire way or does sending one letter to Bryan Carter and receiving the above reply come to be a lacklustre response and not an exhaustive attempt for Carter to produce the documents. Because this is in relation to a mobile contract I'm not sure how it should be worded or which particulars of which act apply. I know you guys don't want to hold peoples hands and you do this in your free time but I'm in dire need of help. I'm sorry

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I'm looking at these example defences and drawing a blank.. my of all times do I have to ave a mental block :/

Because they refused an extension..how long to I have to get this defence submitted?

A maximum of 33 days from the date printed on the claim.

Having looked around abit.. should I actually be replying to Bryan Carter with another letter asking them to comply with my request... or do I just come up with a defence? Should I be pursuing documents the entire way or does sending one letter to Bryan Carter and receiving the above reply come to be a lacklustre response and not an exhaustive attempt for Carter to produce the documents.

The reason Carter hasn't complied is very simple: he hasn't got the documents. He never does, just issues claims speculatively in the hope of obtaining default judgment. When someone challenges him to produce the paperwork, his clients have to go back to the original creditor who, having sold the account, would be in no rush to dig up the documents. There is hardly any reason to send him another letter, the one who always comes up with a lackluster response is HIM! :thumb:

You just need to make sure you get your defence in time. :typing:

[FlamingParrot]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

I'm looking at these example defences and drawing a blank.. my of all times do I have to ave a mental block :/

Having looked around abit.. should I actually be replying to Bryan Carter with another letter asking them to comply with my request... or do I just come up with a defence? Should I be pursuing documents the entire way or does sending one letter to Bryan Carter and receiving the above reply come to be a lacklustre response and not an exhaustive attempt for Carter to produce the documents. Because this is in relation to a mobile contract I'm not sure how it should be worded or which particulars of which act apply. I know you guys don't want to hold peoples hands and you do this in your free time but I'm in dire need of help. I'm sorry

No worries, it can get a bit confusing. See below, a starting point for your defence, although I don't think it's due just yet.

1. I received the claim ###### from the Northampton County Court on xx/xxxx/2015.
2. Each and every allegation in the Claimants statement of case is denied.
3. This claim appears to be for a telecommunications contract with Orange.
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 alleged contract was entered into.
6. The Claimant's statement of case states that the alleged account was assigned from Orange to Lowell Portfolio I Ltd on 19th of June 2014. The Defendant does not recall receiving any notice of assignment.
7. On xx/xxxx/2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement.
8. Bryan Carter Solicitors 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.
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. 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 .................................................. ....

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Hi FP,

Sorry I didn't get any email notifications about this so I'm not ignoring you. Many thanks for this.. will try and build on it a little

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Out of a matter of interest, does the defence need to be wet signed or can it be electronic or wet signed, scanned and submitted to MCOL?

[Amethyst]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

The defence doesn't need signing if you are sending via MCOL. If sending on paper then needs to be signed (ink)

[Jaypaul]

Re: Claim From from Brian Carter Received 10/10/2015-Help & Advice Needed

Thanks Amethyst.

If I were to submit the defence with the red sections changed will it be acceptable or will it need chunking out a bit. The thing is...having looked at it, there isn't much more I can add to it without making it more corporately wordy.