**WON** Bryan Carter/Lowell Court Claim Form

[toffee man]

On Fri 30th May I got a letter from Bryan Carter saying they were representing Lowells/Fredrickson and they were going to issue Court proceedings if I didn't make contact with them it was in regard to a Shop Direct Account.

I wrote 1st Class on Mon 2nd to say I had no knowledge of monies being owed. I then receive a letter on the 7th of June to say they had only received my letter on the 6th and a claim had been issued on the 3rd. Funny how my letter took so long to reach them 1st class when theirs was sent 2nd class and I got it the next day. Also in the post was a claim form from Northampton.

In a nutshell I haven't got a clue what to do next and any help would be greatly appreciated

In the meantime I accessed my Credit Report and according to this my Shop Direct Account was "satisfied" and was settled on 25.05.2013. I rang Bryan Carter to say this but was just told to " put it in your defence" Any ideas what to do next?

Do I SAR Shop direct?

[FlamingParrot]

Re: Bryan Carter/Lowell Court Claim Form received

Hi and welcome

If the account was, in fact, settled prior to the claim being issued, you can use that as your defence. As it was just a year ago, it shouldn't be too difficult to find the relevant paperwork. If you sent a SAR, they'd have up to 40 days to respond and you only have a total of 33 days from the date on the claim to submit a defence.

if you haven't done so, you should acknowledge the claim and state your intention to defend it in full, you must do this within 14 days, giving you a further 14 days for your defence. The extra 5 days are allowed for service.

Have you any idea how you paid this account? Were you making regular payments till it got paid off or was it a one off payment? Did you pay by debit card? Bank transfer? It shouldn't be too difficult to find a record that shows you have paid. :thumb:

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Sometimes an account is marked as satisfied on your credit file when they sell it on to a debt purchasing company like Lowell. You could give Shop Direct a call to ask the status of your account before it was sold on.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Many thanks for your reply. I have acknowledged and my intention to defend all the claim. I have had the usual computer generated response back from Bryn Carter but nothing back from Lowell. I have sent an SAR to Shop Direct and they have cashed the cheque. I aim to send an SAR to Lowells as at least they have to respond to that if they don't want the Information Commissioner breathing down their neck.

I suppose the next step is compiling a defence and I would appreciate any help with this.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Have you sent a CCA request or a CPR 31.14 request as well as the SAR request?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Yes but got the usual from BC and nothing from Lowells

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

kk, so your defence is based on not having received any documents and not being able to defend or admit the claim without further info? obviously then you have non compliance with the cvca sec 77-79 request.

Any other issues with the debt you can recall which might help your defence ?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

No other issues that I can recall. I will need to get my defence in and was wondering what I should include? Got a letter from Shop direct to say they had received my SAR request and would let me have the info

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just gone on to my credit report and it states that Lowell have a default on my account for £282 for a mail order account and that this was defaulted on 01/08/2009 but doesn't mention if its from Shop Direct.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

I can't the your particulars of claim so you'll need to make quite a lot of amendments to this but its a starting point............maybe add in your sent the SAR and haven't had a reponse as well.... also the preaction letter being sent 1 day before they issued the claim - that can go in too. Post up your draft and we'll have a check through it.

_________________________________________________ _____
EXAMPLE Defence
__________________________________________________ _____

1: This claim is for a debt due under an alleged agreement between Shop Direct and the Defendant.

2: The Defendant admits he has purchased various items from stores which fall under the Shop Direct brand in the past however the claim is not specific as to which of these products the claim refers to. There is no account reference or other identification within the statement of case. It would be guess work for the Defendant to attempt to defend or admit the claim without further details being forthcoming from the Claimant.

3: In order to ascertain precisely what the claim is for, on the xxxxxxxxx 2014 the Defendant requested inspection of documents (as allowed under CPR 31.14) mentioned in the claimant’s statement of case namely the Agreement, Terms and Conditions, the Termination and the Assignment.

4: The Claimants have failed to supply these documents

5. On the xxxxxxxxxxxxx 2014 the Defendant made a request for information to the Claimant. The request was made pursuant to s78 (1) Consumer Credit Act 1974 .

6. The Claimant has failed to respond to this request.

7. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

8: The Claimant also has not provided the Defendant with any statement of account so the Defendant may ascertain how the alleged debt may have accrued.

9. It is denied that the original creditor, 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.

10. The Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the documents requested. The Claimant has had plenty of opportunity to do so since issuing the claim against the Defendant on xxxxxxxxxxxxxx 2014.

11. The Defendant avers that the Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

20.3. Therefore, the Claimants Claim should be dismissed.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

This claim is for a debt due under an alleged agreement
between
Shop Direct and the Defendant.

2: The Defendant admits he has purchased various items from
stores
which fall under the Shop Direct brand in the past however the
claim is not specific as to which of these products the claim
refers to. There is no account reference or other identification
within the statement of case. It would be guess work for the
Defendant to attempt to defend or admit the claim without further
details being forthcoming from the Claimant.

3: In order to ascertain precisely what the claim is for, on
the 9th Juene2014 the Defendant requested inspection of documents
(as allowed under CPR 31.14) mentioned in the claimant’s
statement
of case namely the Agreement, Terms and Conditions, the
Termination
and the Assignment.

4: The Claimants have failed to supply these documents

5. On the 9th June 2014 the Defendant made a request for
information to the Claimant. The request was made pursuant to s78
(1) Consumer Credit Act 1974 .

6. The Claimant has failed to respond to this request.

7. Accordingly the Claimant has failed to comply with s78 (1)
Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit
Act 1974 cannot enforce the agreement.

8: The Claimant also has not provided the Defendant with any
statement of account so the Defendant may ascertain how the
alleged debt may have accrued.

9. It is denied that the original creditor, 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.

10. The Defendant reserves his position to amend this Defence
with
the costs of the same paid by the Claimant if the Claimant
provides a copy of the documents requested. The Claimant has had
plenty of opportunity to do so since issuing the claim against
the
Defendant on 4th June 2014.

11. The Defendant avers that the Claimant has not complied with
s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot
enforce the agreement.

20.3. Therefore, the Claimants Claim should be dismissed.

On Monday 2nd June 2014 I sent a 1st Class letter querying the account a letter the claiment said they received on 6th June 2014. The claim was issued on 3rd June 2014.

I have issued 2 Subect Access Requests firstly to Shop Direct and secondly to the Claimant Lowell Portfolio, I have received no documentation from either party.


Statement of Truth
The Defendant believes that the facts stated in this Defence are
true.

How is that?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

As I didnt get any response I have posted my defence accordingly.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just an update. I filed my defence as above and have received the 2 computer generated letters which it would appears others have.

Interestingly I have received back info from my SAR requests. The one from Shop Direct states that they have no CCA but have forwarded a blank one to B.,C. It also states that the last payment received was on 3.11.08.

The info from Lowells gives statements up until 2012 but there is a screen shot of a payment of £9.80 which I have never made. Do you think that they have made this up so as to avoid the acct from being statute barred?

[MIKE770]

Re: Bryan Carter/Lowell Court Claim Form received

tell them to prove payment, i.e. method of payment & by whom.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Sorry toffeeman to have missed your post before, the defence looks fine

Lowells do seem to make up rather random payments yes, that will be their defence to your defence of statute barred.

In the Lowell payment lists do the rest correspond with the date from Shop Direct ?

So simplest thing to do is get statements of the account where payments were made from usually for the Shop Direct Account for the date Lowell say you paid £9.80 and show it didn't come out of your account.

Also if you could poss scan the letter from shop direct saying they have no CCA, itd be helpful, possibly.