Carter/Lowell

[Apple]

Daughter went back to her former home to get more belongings and mail.
letter from Northampton CC dated 3/11/2015 collected.
i went on line to Money claim online and it looks like just in time ...entering this,as her defence

I have wrote to the claimants solicitors and sent a copy to the
claimants on the 17th November 2015 requesting,under section 78 of
the Consumer Credit Act 1974, all copies of the Agreements.
Please note the address given is only a care of address at the
moment after fleeing from Domestic Violence.
I require further time for the claimant to supply me with the
papers that i'm seeking from them.

On checking Money claim online..this was

A claim was issued against you on 03/11/2015
Your defence was submitted on 16/11/2015 at 17:07:17
Your acknowledgment of service was submitted on 16/11/2015 at 17:13:01
Your defence was received on 17/11/2015 at 08:01:41
Your acknowledgment of service was received on 17/11/2015 at 08:01:41

I have sent on my daughters behalf to Lowell/Carter seeking under part 18 CPR's request info...also requesting under s77 79 CCA1974 rules sent copies to both parties.

According to my daughter she took out Shop Direct account around 2003 her customer failed to pay for the goods,she never passed the bad payers over to Shop Direct and she started to miss payment.

Have members anymore advice???

Apple

[joedempsey]

Re: Carter/Lowell

Daughter went back to her former home to get more belongings and mail.
letter from Northampton CC dated 3/11/2015 collected.
i went on line to Money claim online and it looks like just in time ...entering this,as her defence

I have wrote to the claimants solicitors and sent a copy to the
claimants on the 17th November 2015 requesting,under section 78 of
the Consumer Credit Act 1974, all copies of the Agreements.
Please note the address given is only a care of address at the
moment after fleeing from Domestic Violence.
I require further time for the claimant to supply me with the
papers that i'm seeking from them.

On checking Money claim online..this was

A claim was issued against you on 03/11/2015
Your defence was submitted on 16/11/2015 at 17:07:17
Your acknowledgment of service was submitted on 16/11/2015 at 17:13:01
Your defence was received on 17/11/2015 at 08:01:41
Your acknowledgment of service was received on 17/11/2015 at 08:01:41

I have sent on my daughters behalf to Lowell/Carter seeking under part 18 CPR's request info...also requesting under s77 79 CCA1974 rules sent copies to both parties.

According to my daughter she took out Shop Direct account around 2003 her customer failed to pay for the goods,she never passed the bad payers over to Shop Direct and she started to miss payment.

Have members anymore advice???

Apple

. Why have you submitted a defence?
You should have first acknowledged the claim intend to defend in full
that would give you an extra 28 days to submit a defence
you should have sent the request to Lowell for the CCA And CPR to Carter before your defence.
i think you might have got your self in a pickle by doing this we need to see if any experienced beagles can help you out on this.

[Kati]

Re: Carter/Lowell

@Amethyst @Celestine @nemesis45 ... can the OP put in an amended defence at a later date? And how would they do it :noidea:??

[Apple]

Re: Carter/Lowell

. Why have you submitted a defence?
You should have first acknowledged the claim intend to defend in full
that would give you an extra 28 days to submit a defence
you should have sent the request to Lowell for the CCA And CPR to Carter before your defence.
i think you might have got your self in a pickle by doing this we need to see if any experienced beagles can help you out on this.

Reason to explain to the court that without copies of Documents to how can she submit a further defence.That defence would be a part defence subject to getting further info from claimants
Have acknowledged claim with the intentions of defending in full, once the claimants have furbished her with papers (which is unlikely)requested.
All requests have been sent to all parties as back up, incase one or both don't reply.

Apple

[Apple]

Re: Carter/Lowell

If it fails then it £1 a month, as she is alone parent on benefits
Apple

[nemesis45]

Re: Carter/Lowell

You can send in an amended defence pleading that you didn't understand the court process and therefore
the defence is deficient, write a polite covering letter to the court manager NCCBC with a copy of the substituted
defence.
The court is often very helpful towards those who did not know the correct procedure, but you need to
act quickly.

nem

[Apple]

Re: Carter/Lowell

You can send in an amended defence pleading that you didn't understand the court process and therefore
the defence is deficient, write a polite covering letter to the court manager NCCBC with a copy of the substituted
defence.
The court is often very helpful towards those who did not know the correct procedure, but you need to
act quickly.

nem

That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

Apple

[nemesis45]

Re: Carter/Lowell

That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

Apple

CCA Request sent to the claimant ? If not responded to within the 12 + 2 Working Days time scale the debt is
rendered unenforceable until the agreement is produced so do not chase this up.
CPR31.14 request tom the solicitors? Chase up.

Nem

[joedempsey]

Re: Carter/Lowell

That was my intentions once she gets a reply within the set time (which is doubtful) therefore how can you defend a case if the claimant has not furbished her with prove of claim.

Apple

You can't defend now because you haven't give Lowell or Carter chance to give u the documents.
if they can't produce the document you can't put it in your defence because you have already submitted it!!!
read above what nemesis is telling you to do that's proberly your only chance.
you can't keep changing your defence as it goes along it doesn't work that way.

[Apple]

Re: Carter/Lowell

You can't defend now because you haven't give Lowell or Carter chance to give u the documents.
if they can't produce the document you can't put it in your defence because you have already submitted it!!!
read above what nemesis is telling you to do that's proberly your only chance.
you can't keep changing your defence as it goes along it doesn't work that way.

Look, right or wrong i've request the claimant to send all papers relating to there claim,to her.
The court should understand that people can make mistakes in the protocol, therefore should allow amendments if incorrect .
Apple

[Apple]

Re: Carter/Lowell

Spoke to Northampton,they said' you can amend a Defence statement, but have to complete a N244 form, to seek the permission of the judge.plus pay a fee.
She will be exempt from the fee as she claims ESA.

Apple

[Apple]

Re: Carter/Lowell

Now can we start again with any advice please,if a Judge grants her permission to re-submit her Defence?

Who to write to and what sequence... does she write to Claimant seeking copies of Agreements, or Bryan Carter requesting they furbish her with copies of their claim,or both? seeking the papers they are relying on to take her to court
Apple

[joedempsey]

Re: Carter/Lowell

Now can we start again with any advice please,if a Judge grants her permission to re-submit her Defence?

Who to write to and what sequence... does she write to Claimant seeking copies of Agreements, or Bryan Carter requesting they furbish her with copies of their claim,or both? seeking the papers they are relying on to take her to court
Apple

apart from the defence it looks like you have done the right thing..CCA request to lowell with a £1 postal order marked for statuary purpose only on the back.
CPR to carter requesting documents mentioned in the particulars of the claim only no fee to carter.

- - - Updated - - -

apart from the defence it looks like you have done the right thing..CCA request to lowell with a £1 postal order marked for statuary purpose only on the back.
CPR to carter requesting documents mentioned in the particulars of the claim only no fee to carter.

if you read through some lowell/carter concluded cases on here you will get a good idea how those things pan out.

[Apple]

Re: Carter/Lowell

Update

Bryan Carter replied with basically a template response letter,as i've read on other threads involving Bryan Carter on here.They replied with the below.
..................................................
We confirm the claim was issued by CCBC Northampton and that the Court Protocol was followed when issuing the Claimants particulars of claim practice direction 7c point 1.4 3a eliminates the requirements to attach the documents to particulars of the claim when issued by this court.
It goes on to say..We can confirm this matter will most properly be allocated to small claims track as its a simple contractual matter and part 31 of the Civil procedure rule will therefore not apply .In any event the notice of default and assignment left the control of the claimant when they were dispatched to you.
Goes on to further state the original creditors policy is to issue agreements at the start of the contract and statements throughout the duration of agreement and in this regard we ask you a to refer to your own records.
Client is not agreeable to an extension.

My records indicate The claimant has until the 7th of December 15 to reply, after sending the CCA request on the 17th November 15 according to my calculations of 12+2 days brings that 14 working days to the 7th Dec.

If they are right...them being solicitors and all knowing the Game..then who is right Legal Beagles members or Bryan Carter re CPR 31.1 rules ??????? a bit confused.
If Bryan Carter are wrong, are they not guilty of replying with misleading information.

Any comments further advice,would be appreciated.

Apple