help carter/lowell

[brisad]

Hi

What a great site thanks to the founder!

I have not posted before but I have followed the threads on lowell/carter
I acknowledged to the court receipt of claim

I followed the advice to ask for original agreement etc and lodged a defended claim

Carters sent a rebuttal and said to check my records etc and my defence would not stand

Today I received a mediation/court document N1 80 direction questionaire and separatley a letter from cater saying their client (lowell) formally to confirm their clients intention to proceed

The next sentence said their client wanted to enter into negotiation to try reach a solution and their "helpful" (carters) team were standing by to help me!!!

I believe if I give my name dob and address I have I will have entered a "joinder or contract" the debt is a cc for £3400ish I have just been diagnosed with a rare debilitating illness (dercuns disease) to add to my othe ailments

I am not working and get ESA and PIP (DLA) I have been on you tube and some say send a promessary note others say go for a banruptcy and others for a "Debt relief order"

I have not got £1000.00 of assets I also have to care for my wife who is bedbound/electric wheelchair bound

Can anyone help me please? I am 62 ill depressed and lost at sea

Thanks in advance Brian

[MIKE770]

Re: help carter/lowell

@nemisis45


help will be on its way soon for you.

[brisad]

Re: help carter/lowell

Thanks aw: paw bumps

[brisad]

Re: help carter/lowell

I received another letter from CARTER today offering the opportunity to discuss payments

I have to the 8th February to reply to the court or workout a repayment plan

I get £437 per fortnight plus PIP the CAB say that DLA/PIP payments are diregarded as they cover the extra costs of disability.

The alleged debt is £3400 I have a transit van that is fitted with a wheelchair lift for my wife and I.

I could do with some advice please

Am I in the correct part of the forum?

[nemesis45]

Re: help carter/lowell

Hi

What a great site thanks to the founder!

I have not posted before but I have followed the threads on lowell/carter
I acknowledged to the court receipt of claim

I followed the advice to ask for original agreement etc and lodged a defended claim

Carters sent a rebuttal and said to check my records etc and my defence would not stand

Today I received a mediation/court document N1 80 direction questionaire and separatley a letter from cater saying their client (lowell) formally to confirm their clients intention to proceed

The next sentence said their client wanted to enter into negotiation to try reach a solution and their "helpful" (carters) team were standing by to help me!!!

I believe if I give my name dob and address I have I will have entered a "joinder or contract" the debt is a cc for £3400ish I have just been diagnosed with a rare debilitating illness (dercuns disease) to add to my othe ailments

I am not working and get ESA and PIP (DLA) I have been on you tube and some say send a promessary note others say go for a banruptcy and others for a "Debt relief order"

I have not got £1000.00 of assets I also have to care for my wife who is bedbound/electric wheelchair bound

Can anyone help me please? I am 62 ill depressed and lost at sea

Thanks in advance Brian

Hello Brian I'm nem, so sorry to hear of your illness.

Please give us the history of the debt so we can understand what has gone on.

Am I to take it that Carter / Lowell has still not provided an agreement after a CCA request?

What was the rebuttal?

nem

- - - Updated - - -

@nemisis45


help will be on its way soon for you.

Thanks Mike

[brisad]

Re: help carter/lowell

Hi

Thanks for the reply rebuttal is as follows

"We write further to your recent letter of the 1/12/15 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

We cofirm the Claim Form was issued by the County Court Business Centre and that Court's 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 the Particulars of claim when they are issued by this court.

We confirm this matter will most properly be allocated to the Small Claims track as this is a simple contractual matter and part 31 of the Civil Procedures Rules will therefore not apply

In any event the Notices of Default and assignment left the control of the Claimant when they were dispatched 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.

As you are aware a Claim was issued in this matter on the 24th November 2015 and we note you have filed your defence.

We recommend you seek independent legal advice"

[nemesis45]

Re: help carter/lowell

Hi

Thanks for the reply rebuttal is as follows

"We write further to your recent letter of the 1/12/15 requesting disclosure pursuant to Part 31.14 of the Civil Procedure Rules.

We cofirm the Claim Form was issued by the County Court Business Centre and that Court's 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 the Particulars of claim when they are issued by this court.

We confirm this matter will most properly be allocated to the Small Claims track as this is a simple contractual matter and part 31 of the Civil Procedures Rules will therefore not apply

In any event the Notices of Default and assignment left the control of the Claimant when they were dispatched 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.

As you are aware a Claim was issued in this matter on the 24th November 2015 and we note you have filed your defence.

We recommend you seek independent legal advice"

OHH they've dug this one up again.

You can reply by simply informing them that CPR 31.14 is relevant to the claim
until it is actually allocated to the small claims track and also what you may or
may not have received in the past from any source is irrelevant.
If documents are mentioned in the statement of claim their client should
have them to hand prior to issuing the claim.

nem

[brisad]

Re: help carter/lowell

Hi Nem

Thanks for your help

I have sent the response letter and the courts Direction to both the Court and Carter

They will not be attending any court hearing, I have worded the reply as per your advice can you tell me what is likely to happen next please?

Thanks and kind regards

[nemesis45]

Re: help carter/lowell

[QUOTE=brisad;617181]Hi Nem

Thanks for your help

I have sent the response letter and the courts Direction to both the Court and Carter

They will not be attending any court hearing, I have worded the reply as per your advice can you tell me what is likely to happen next please?

Thanks and kind regards[/QUOTE
Perhaps Carter thinks he or his paralegal will be embarrassed if the appear in court, very likely
given some of the witness statements produced recently.

Carter is likely also to state that any attempt to enforce CPR31.14 will e robustly defended
leaving with costs to pay.

nem

[brisad]

Re: help carter/lowell

HI Nem

Carters were quick this time!

Quote:

"We write further to your to your recent letter.

We reiterate our previous response of 30/12/15.

We confirm the the Claim Form was issued by the County Courts Business Centre and thaa Courts Protocol was followed when issuing the Claimants Particulars of Claim.
Practice Direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Defence Procedure will therefor not apply.

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 recommend you seek independent legal advice. Yours Sincerley "

It pretty much covers what they have already said previously, I have received a Proposed Allocation to the Small Claims track from the court the only offer of mediation was to discuss a repayment plan which I refused.

Can you please advise again Nem? I really thank you for the help give already.

I had typed this out befor and pressed the wrong reply button! and there was me thinking the autosave would bring it back! Duh

Kind regards Brian

[nemesis45]

Re: help carter/lowell

HI Nem

Carters were quick this time!

Quote:

"We write further to your to your recent letter.

We reiterate our previous response of 30/12/15.

We confirm the the Claim Form was issued by the County Courts Business Centre and thaa Courts Protocol was followed when issuing the Claimants Particulars of Claim.
Practice Direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Defence Procedure will therefor not apply.

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 recommend you seek independent legal advice. Yours Sincerley "

It pretty much covers what they have already said previously, I have received a Proposed Allocation to the Small Claims track from the court the only offer of mediation was to discuss a repayment plan which I refused.

Can you please advise again Nem? I really thank you for the help give already.

I had typed this out befor and pressed the wrong reply button! and there was me thinking the autosave would bring it back! Duh

Kind regards Brian

Hello Bri responding to your PM

Ok, they wont play ball so this goes into defence.

Save me looking back has a CCA request been made and not responded to ?

nem

[brisad]

Re: help carter/lowell

Hi Nem

First thank you for the response it looks as though you are running the night shift!

Yes I have asked twice now and got the same reply the chance at mediation was only to discuss a payment plan with Carter, Lowell never reply so I said no to mediation and sent that back to all parties and the above response is the only One I got.

So it has me wondering (and worrying) where this leaves things

[nemesis45]

Re: help carter/lowell

Hi Nem

First thank you for the response it looks as though you are running the night shift!

Yes I have asked twice now and got the same reply the chance at mediation was only to discuss a payment plan with Carter, Lowell never reply so I said no to mediation and sent that back to all parties and the above response is the only One I got.

So it has me wondering (and worrying) where this leaves things

Good morning Brian.

As long as the claimant is in breach of the CCA request they cannot enforce the debt.


When did you send the CCA request to Lowell?

nem

[brisad]

Re: help carter/lowell

Hi Nem

16th December

[brisad]

Re: help carter/lowell

Hi

Received a letter from area court who will allocate the claim to the nearest court and will be getting more details soon from the judge

Still no sign of the agreement request from either Carter or Lowells yet

Do I just pop along to court and show my experian report only shows Lowells and not Vanquise I had put in an offer by email to Lowells ages ago and the reply said "it has been passed to the relevant department"
on them
I never heard from them again I was getting several calls a day telling me there was an outstanding balance (obviously) so I said I would only accept the legal 1 Call a day to which I told them I would only deal with them by mail as they were harassing me It was then passed on to messr;s Lowell and Carters started their calls and letters I will look through my private file as I feel sure I had letters with different amounts .

Basically, IF they win I would have to seek a DRO or even Bankruptcy as I have no need for more credit and will not be getting a rise from the government and as far as "work" is concerned I have been caring for my wife for 21 years and she cant be left alone for any real amount of time.

Please put your answers on a £50 note and mail them to me:tinysmile_twink_t2: so there you have it any ideas or advice will be gratefully receivd