**DISMISSED** Bryan carter / Lowell / shop direct / county court proposed allocation

[a n other]

hi all,

this is my first post and my first county court defence so please bear with me.

my ex partner started a catalogue account in my name years ago without telling me (at first), I found out once the payments started to come out of my bank. anyway through one thing and another we have gone our separate ways and I was left with the debt.

to cut a long story short no payment has been made on this account for about 4-5 years now.

for a long time now they having been chasing me for the debt through various DCA's and it has been ignored by me, so now bryan carter has decided to take this matter to the county courts.

I received the claim form from the county court business centre and filled my defence
"I have no knowledge of the circumstances alleged by the claimant.
If the claimant has reason to believe that a valid debt exists and
that the Debtor resides at this address, then please prove the
debt in writing."
I have now received a NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK.

could someone please advise how to fill this form in.
my reply needs to be with the court office by 19 october 2015, I understand this is leaving it a little late so my apologise for this.

regards to all

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

this is my first post and my first county court defence so please bear with me.

my ex partner started a catalogue account in my name years ago without telling me (at first), I found out once the payments started to come out of my bank. anyway through one thing and another we have gone our separate ways and I was left with the debt.

to cut a long story short no payment has been made on this account for about 4-5 years now.

for a long time now they having been chasing me for the debt through various DCA's and it has been ignored by me, so now bryan carter has decided to take this matter to the county courts.

I received the claim form from the county court business centre and filled my defence
"I have no knowledge of the circumstances alleged by the claimant.
If the claimant has reason to believe that a valid debt exists and
that the Debtor resides at this address, then please prove the
debt in writing."
I have now received a NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK.

could someone please advise how to fill this form in.
my reply needs to be with the court office by 19 october 2015, I understand this is leaving it a little late so my apologise for this.

regards to all

Follow the instructions.
Tick yes to SCT
Yes To mediation
Ignore jurisdiction unless you are in Scotland or NI.

nem

[FlamingParrot]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

this is my first post and my first county court defence so please bear with me.

my ex partner started a catalogue account in my name years ago without telling me (at first), I found out once the payments started to come out of my bank. anyway through one thing and another we have gone our separate ways and I was left with the debt.

to cut a long story short no payment has been made on this account for about 4-5 years now.

for a long time now they having been chasing me for the debt through various DCA's and it has been ignored by me, so now bryan carter has decided to take this matter to the county courts.

I received the claim form from the county court business centre and filled my defence
"I have no knowledge of the circumstances alleged by the claimant.
If the claimant has reason to believe that a valid debt exists and
that the Debtor resides at this address, then please prove the
debt in writing."

That is what's known as a 'bare denial' defence which may be appropriate in some cases, if they were claiming for an account you never had, however, if your ex opened the account in YOUR name then technically you'd be responsible for the account.

Did you ever send any request for documents (such as a CCA request)? If not, it may be worth sending one (to Lowell not Carter). Even though you've already filed a defence, the whole process is likely to take some time and you are entitled to send a CCA request as long as no judgment has been entered on the account. :thumb:

My only concern is that the defence is a little vague and defences like that sometimes lead to summary judgment applications. :mmph:

I have now received a NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK.

could someone please advise how to fill this form in.

You need to provide details of your local court and any dates you don't expect to be available in case this goes all the way to a hearing. There is no need for key witnesses, experts or interpreters and under witnesses, only one (yourself). :thumb: Agree to mediation for now. Any further questions just shout. :director:

my reply needs to be with the court office by 19 october 2015, I understand this is leaving it a little late so my apologise for this.

regards to all

You should be fine but don't forget to make a copy for Carter as well, some people here were just sending the completed questionnaires back to the court without sending a copy of the claimant's solicitors. :typing:

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

That is what's known as a 'bare denial' defence which may be appropriate in some cases, if they were claiming for an account you never had, however, if your ex opened the account in YOUR name then technically you'd be responsible for the account.

the reason for this defence was
1. the account was not opened by myself so they could never have my signature on anything so how could they prove it was me??
2. I have never had to do this before and it seemed ok to me at the time. (but I agree with your thoughts and it is a lame defence).

Did you ever send any request for documents (such as a CCA request)? If not, it may be worth sending one (to Lowell not Carter). Even though you've already filed a defence, the whole process is likely to take some time and you are entitled to send a CCA request as long as no judgment has been entered on the account. :thumb:

My only concern is that the defence is a little vague and defences like that sometimes lead to summary judgment applications. :mmph:

What is a CCA request and how do I go about sending one??

You need to provide details of your local court and any dates you don't expect to be available in case this goes all the way to a hearing. There is no need for key witnesses, experts or interpreters and under witnesses, only one (yourself). :thumb: Agree to mediation for now. Any further questions just shout. :director:
You should be fine but don't forget to make a copy for Carter as well, some people here were just sending the completed questionnaires back to the court without sending a copy of the claimant's solicitors. :typing:

Ok so I have filled the form out as you have said but do I need to put my email in my contact details? why would they need this?
The form then needs to be photocopied and one goes to the court and the other to carters.

A completed form has arrived in the post from carters today.

regards

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Does anything stand out on the form from Bryan Carter?

You MIGHT need to amend your defence, but need to look at things a bit more first. Main thing you MUST do is send the CCA request -


2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.


Your ex opened the account in your name, presumably this was online? Have you tackled them about it at all? If it comes to it, you may have to make a positive assertion that you did not open the account and did not have the benefit of any goods sent to your address.

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Does anything stand out on the form from Bryan Carter?

they have ticked YES to mediation.
they have there name (carters), address, tel., email filled in.
they have ticked YES to small claims track.
the hearing venue is local to my address.
they have ticked NO to expert evidence.
they have put 0 witnesses. surely they need to be there own witness or do they not intend to give any evidence?
they have ticked NO to any dates they can't attend.
they have ticked NO to using an interpreter.
and its signed by bryan carter.

You MIGHT need to amend your defence, but need to look at things a bit more first. Main thing you MUST do is send the CCA request -


2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

Thanks for the link, I will get onto it straight away.

Your ex opened the account in your name, presumably this was online? Have you tackled them about it at all? If it comes to it, you may have to make a positive assertion that you did not open the account and did not have the benefit of any goods sent to your address.

I don't know how she opened it, but we were living together at the time so it was all sent to our/my home address.

regards

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Carter is relying more and more on written submissions/witness statement and not sending
any representative to a hearing.
nem

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

they have ticked YES to mediation.
they have there name (carters), address, tel., email filled in.
they have ticked YES to small claims track.
the hearing venue is local to my address.
they have ticked NO to expert evidence.
they have put 0 witnesses. surely they need to be there own witness or do they not intend to give any evidence?
they have ticked NO to any dates they can't attend.
they have ticked NO to using an interpreter.
and its signed by bryan carter.



Thanks for the link, I will get onto it straight away.



I don't know how she opened it, but we were living together at the time so it was all sent to our/my home address.

regards

Okay that all sounds normal, thank you. Sounds like they won't bother to attend, or just don't expect it to get that far, at least they haven't asked for special directions/summary judgment so that's good.

I'm not sure that defence will hold water I'm afraid - the account was in your name, at your address and the goods were delivered to your address. You should probably bring it up with your ex.

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

You MIGHT need to amend your defence, but need to look at things a bit more first. Main thing you MUST do is send the CCA request -


2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

Ok so I have just looked at the CCA request letter template, would I need to edit this version as not to acknowledge the debt and therefore starting the six year clock again. I am worried by making the request it then gives them a new six years to chase the debt.

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

thanks again guys

[FlamingParrot]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Ok so I have just looked at the CCA request letter template, would I need to edit this version as not to acknowledge the debt and therefore starting the six year clock again. I am worried by making the request it then gives them a new six years to chase the debt.

For the purpose of limitation, the clock stopped when the claim was issued, the six year period is no longer running so you don't have to worry about that at this stage. :thumb:

We know the debt is not SBd so we're trying to see if they can produce the documents because non compliance with a CCA request is a bar to enforcement, however, you need to send it and give them the 14 working days allowed by law before you can say they've not complied and you may need to amend your defence to reflect that fact. As the claim has already been allocated to small claims, you can no longer send a CPR request for documents to the solicitors but you can still send the CCA request and the way I see it, this is your only hope to fight this claim. ray:

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Request for information made under the provisions of CCA 1974 are not admission of liability.
nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

just 2 more questions before I head of to the post office.

1. Directions questionnaire, do I sign it with my signature or just write my name in there??
2. CCA request, do I need to sign the letter or is it ok with just my name printed at the end??

thanks again guys

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

1. Sign it
2. Sign it

xx

[FlamingParrot]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

just 2 more questions before I head of to the post office.

1. Directions questionnaire, do I sign it with my signature or just write my name in there??
2. CCA request, do I need to sign the letter or is it ok with just my name printed at the end??

thanks again guys

I wouldn't worry about the signature, signature lifting is more of an urban myth than a reality. There may have been the odd case or two many years ago but it's not something we see very often.

The directions questionnaire is an official court document and should be signed. A copy has to be sent to Carter as well so there's hardly any point worrying about the signature on your CCA request. Even Carter wouldn't put his SRA authorisation in jeopardy by doing something as silly as lifting a signature. :thumb:

Furthermore, this is likely to have been an online application to start with and, from 2005 onwards, a tick in the box fulfills the role of a signature so there's no need for document signed in wet ink.

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

thank you all for your help over the past couple of days with this matter.

my directions questionnaire has now been filled in and signed, and 1 copy has gone to carters and the other to the court. I have also sent my CCA request including my postal order for £1 over to lowells.

So once again thank you, I will keep updating as and when I hear back from any of them.

kind regards to all