New member - Need help with Brian Carter/Lowell Court Claim please!

[Kate999]

Hi I am new to forum, I would be grateful for any advice please. I would be grateful for not judging as I ended up in financial hardship and unable to make payment on original catalogue account, and buried my head in the sand. I have been sorting my finances out over recent years but I received claim form from Northampton Court regarding old Shop Direct Account from 2011/2012, which has been passed to several debt collectors before Lowell, increasing total of debt owed, B.Carter state £3664.67 with fees and interest. I have acknowledged claim to defend, and read similar cases, I am preparing CCA form and CPR 31.14, I am unsure what reference to use to Lowell in CCA the one stated by B.Carter in claim or old shop direct account number?? Many thanks in advance

[FlamingParrot]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi I am new to forum, I would be grateful for any advice please. I would be grateful for not judging as I ended up in financial hardship and unable to make payment on original catalogue account, and buried my head in the sand.

Hi and welcome

Don't worry, we are not here to judge but to help, we leave judging to the courts. :incourt: You'll also find a few of us haven't always paid every debt.

I have been sorting my finances out over recent years but I received claim form from Northampton Court regarding old Shop Direct Account from 2011/2012, which has been passed to several debt collectors before Lowell, increasing total of debt owed, B.Carter state £3664.67 with fees and interest.

It would be useful if you could post up the particulars of the claim, even though I can imagine they will be very sparse. :mmph:

I have acknowledged claim to defend, and read similar cases, I am preparing CCA form and CPR 31.14, I am unsure what reference to use to Lowell in CCA the one stated by B.Carter in claim or old shop direct account number?? Many thanks in advance

I'd use the one stated on the claim. :thumb:

You seem to have everything under control so far. :grin: If you need any help or have any questions just shout. :director:

Knowing the dynamic duo you are dealing with, they're not likely to have any paperwork and Lowell will have to go back to ShopDirect to get the documents. Meanwhile Carter will argue he doesn't have to respond. There is no need to chase the CCA request to Lowell as non-compliance is a bar to enforcement, however, you do need to chase the CPR request (although I can almost type up what Carter is going to say, you still need to be seen to follow the process yourself).

Bear in mind you have up to 33 days from the date printed on the claim to file your defence, and you need to do so regardless of whether they've sent you anything or not. :typing:

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi, thank you for your quick reply, I am unable to upload picture at present will try again tomorrow. As you said details are brief, claim form states claim for £3147.86 the amount due under agreement between the original creditor and the defendant to provide finance and or services and or goods. This debt assigned to/purchased by Lowell, on 2013, particulars Shop direct Account. Claimant claims statutory interest at 8% per annum from date of assignment date to maximum of 1 year amounting to £251.81

[FlamingParrot]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi, thank you for your quick reply, I am unable to upload picture at present will try again tomorrow.

This may be of help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

As you said details are brief, claim form states claim for £3147.86 the amount due under agreement between the original creditor and the defendant to provide finance and or services and or goods. This debt assigned to/purchased by Lowell, on 2013, particulars Shop direct Account. Claimant claims statutory interest at 8% per annum from date of assignment date to maximum of 1 year amounting to £251.81

They seem to be leaving out any mention of the default notice these days... :noidea:

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Help Please?! Can anybody please advise, very worried and running out of time ? Many thanks

Help with Brian Carter/lowell court claim

Thread: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi would be grateful for any advice please, original thread above. I have sent CCA letter to Lowell and received nothing back. CPR 31.14 sent to Brian Carter and received two letters back.

Letter No. 1) Stating "Claim form was issued by the county court and that the courts protocol was followed when issuing claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars to the claim when they are issued by this court. We confirm that this matter will properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure rules will therefor not apply.
In the event the notice default and assignment left the control of the claimant when they were despatched to you.
It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records. We confirm our client is not agreeable to extension for filing your defence. As you were aware a claim was issued in this manner on 13th October 2015 and we are in your receipt of your acknowledgement of service and we note your intention to file a defence. We recommend you seek independent legal advice.
Letter No.2) We write to your letter dated 22 October 2015. We confirm that we are taking further instructions from our client in regards to your request for documentation pursuant to the Consumer Credit Act 1974. We have referred your request for documentation to our client and we will revert to you in due course. This matter will properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules therefore not apply. we confirm our client is not agreeable too an extension for filing your defence. We recommend you seek independent legal advice".

Given 33 days to file defence from 13th October takes me to 15th November but that is a Sunday, do I need have this completed by Friday 13th?!!! Any advice appreciated very worried and anxious.

Many thanks in advance

[Kati]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

:bump: for @nemesis45 xx

Hi Got it [MENTION=49370]Kati[/MENTION] Thamksxx

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Help Please?! Can anybody please advise, very worried and running out of time ? Many thanks

Help with Brian Carter/lowell court claim

Thread: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi would be grateful for any advice please, original thread above. I have sent CCA letter to Lowell and received nothing back. CPR 31.14 sent to Brian Carter and received two letters back.

Letter No. 1) Stating "Claim form was issued by the county court and that the courts protocol was followed when issuing claimants particulars of claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the particulars to the claim when they are issued by this court. We confirm that this matter will properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the Civil Procedure rules will therefor not apply.
In the event the notice default and assignment left the control of the claimant when they were despatched to you.
It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard we ask you to refer to your own records. We confirm our client is not agreeable to extension for filing your defence. As you were aware a claim was issued in this manner on 13th October 2015 and we are in your receipt of your acknowledgement of service and we note your intention to file a defence. We recommend you seek independent legal advice.
Letter No.2) We write to your letter dated 22 October 2015. We confirm that we are taking further instructions from our client in regards to your request for documentation pursuant to the Consumer Credit Act 1974. We have referred your request for documentation to our client and we will revert to you in due course. This matter will properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules therefore not apply. we confirm our client is not agreeable too an extension for filing your defence. We recommend you seek independent legal advice".

Given 33 days to file defence from 13th October takes me to 15th November but that is a Sunday, do I need have this completed by Friday 13th?!!! Any advice appreciated very worried and anxious.

Many thanks in advance

Hi Answering [MENTION=49370]Kati[/MENTION]'s "Bump"

What you have received are two of Carter/Lowell's standard letters.

Not had a chance to read your thread yet, can you tell me where you sent the CCA request was it to Carter?

Meanwhile I'll ask the LB team to merge the 2 threads for you it'll be easier to help you!
[MENTION=49370]Kati[/MENTION] please can you merge Kate999's threads.

nemxx

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Kate it's going to take me a while to read through all of the thread I will get back to you asap, there's time
yet to get a defence in place.

nem

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Thank you so much, CCA was sent to Lowell and copy to Brian carter, I can't seem to import documents on this computer

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi is anybody able to help with previous posts as my defence has to be in today..... much appreciated for any advice.... very worried

[Kate999]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi, can anybody please advise with above? I have recieved a date for mediation, however I have not recieved anything back from Lowell regarding CCA or Brian Carter regarding CPR 31.14 who state Part 31 of Civil Procedure Rules will not apply as case allocated to the small claims track. Would really appreciate any advice, as I am very worried.
Yours sincerely Kate

[Kati]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

:bump: for @nemesis45 xx

Thanks [MENTION=49370]Kati[/MENTION]xx

[nemesis45]

Re: New member - Need help with Brian Carter/Lowell Court Claim please!

Hi, can anybody please advise with above? I have recieved a date for mediation, however I have not recieved anything back from Lowell regarding CCA or Brian Carter regarding CPR 31.14 who state Part 31 of Civil Procedure Rules will not apply as case allocated to the small claims track. Would really appreciate any advice, as I am very worried.
Yours sincerely Kate

Hello Kate,
I must apologise for not picking up on your thread earlier computer problems and illness intervened.

OK that's a Template reply from Carter re CPR 31.14. There's a letter to use for a reply in the forum library,

No response to CCA request renders the debt unenforceable Until the agreement is produced.
What is the date for mediation please?
The mediator will decline to continue the appointment if you have not received the documents.

nem