Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

**sar2004** · 22nd November 2015, 17:42:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

ignore Q1 - i have managed to find on here it is 33 days from date of issue.
So assuming I hear nothing before then I can just go ahead and issue my defence online as per standard example?

**Kati** · 22nd November 2015, 17:49:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

[MENTION=55034]nemesis45[/MENTION] might be able to advise

Have you sent a cca and a cpr request??

**nemesis45** · 22nd November 2015, 18:49:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

Originally posted by Kati View Post

@nemesis45 might be able to advise

Have you sent a cca and a cpr request??

Got it Kati Thanks!!

nem

**nemesis45** · 22nd November 2015, 19:02:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

Originally posted by sar2004 View Post

Hi All

I hope someone can help - people seem very knowledgable on this forum!!

I received a Claim form from Bryan Carter/Lowell Portfolio. The date of issue was 27th October.
Picture below:

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I had not heard of shop direct but looked them up and they seem to own various catalogue companies. I had three catalogues but was sure i paid them all off out of my redundancy. The problem is as they haven't told me WHICH one it is i have no idea. I didn't keep any of my account things as in my mind they were paid up and i didn't want to use them again.
It also might be a mistake or a debt someone has taken in my name, but given i have so little to go on ...who knows.
I can't admit or deny the claim in all honesty unless I know more so I had a look on here and gained some fantastic information, then I did the following:

I sent two recorded delivery letters, one to Lowell for CCA request with £1 postal order - this went on 4/11
One to Bryan Carter for CPR 31 - also went on 4/11.

I have not received a response from Lowell.
I have received a response from Bryan Carter - no surprises ...see below:

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So first thing i think i need to do is now file my defence but i have some questions:

1. Can someone help me with the dates please - I think i had 28 days from issue date (27/10/15) as I did file an acknowledgement of service, with intention to defend. Not sure how that 28 days is calculated though??
2. Once I file defence online - Is there anything else i need to do - have I missed anything.
3. Do i need to write to Lowell again?

Really grateful for any help you can give. Thank you so much xxx

Hi,

Acknowledge service using Money Claim Online state intention to defend in full BUT don't enter defence now.
We will work on a defence with you.
No don't contact Lowell.

Confirm please CCA Request sent to Lowell with £1 statutory fee?
CPR has been sent and standard template letter received?
28 days fom date of service.
At present it seem you don't know which of Shop Directs catalogues this applies to?

I suggest you make a check of your credit reference files Noddle (Call Credit) is Free Online.

As long as the claimant has not supplied the agreement the alleged debt cannot be enforced
so don't chase that.

As for the CPR 31.14 reply, a short note to the solicitors stating that CPR 31.14 still applies
as the claim is not yet allocated to a track.

nem

**sar2004** · 26th November 2015, 20:46:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

Hi - Sorry had some internet issues.
So in reply:
I sent the CCA request to Lowell with £1 postal order marked for statutory fee only - DONE
CPR letter to B Carter _ DONE
His usual reply - RECEIVED
I have checked credit file and it says Littlewoods

So I need to work on a defence - I will have a go and post shortly for you good people to check

thank you so much cxx

**sar2004** · 26th November 2015, 21:01:PM

Re: Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell

Would someone please check this - thank you so much x

1: I received the claim B8AQ4E7M from the Northampton County Court on 30th October 2015.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974.

4: The Claimants 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 agreement was entered into.

6. The Claimants statement of case states that the account was assigned to the Claimant on 9th January 2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 9th November 2015 sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement and Notice of Assignment.

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10. On the 9th November 2015 I sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77-s79) Consumer Credit Act 1974 and by virtue of the Consumer Credit Act 1974 cannot enforce the agreement.

12: 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.

13. 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.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. 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 .................................................. ....

Hi All - Newbie needing some help with next steps re Bryan Carter/Lowell