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

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just an update. I have written back to Fredricksons (who Lowell state now manage the account) asking for up to date statements where the payment came from and the notice of assignment. Naturally I got no reply So I wrote again giving them 10 working days to comply otherwise I would compalin to the Information Commissioner.
I have also written to Bryan Carter asking for a copy of the credit agreement as in the documentation submitted to me by Shop Direct it was requested by the DCA. As stated previously it says that they dont have a copy of the agreement but a blank one was sent over via e mail. I stated that now the DCA have a copy of the aggreement then they should accede to my original request and forward it me.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

The statements from Shop Direct show your last payment was 3rd November 2008 ? So you're not statute barred then regardless of Lowells invented payment,.

When was the £9.80 screenshot payment to Lowell alledgedly made?

Have Lowell replied to your defence to say they wish to continue and have you heard anything from the court ?

(I wouldn't push too hard for a copy of the agreement as whilst they are in default of the CCA request you have a defence on non compliance)

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

They said I made a payment in May 2013, my Bank Statements prove otherwise. True that I am not statute barred now but coud possibly be so by the time it came to Court.

Ive had a letter back from the Court asking me to fill in a N180 which I am in the process of doing, although I dont know which Court to choose or how. Carters have written back to say they wish to continue the claim.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Unfortunately the clock stops as soon as they submit court papers.

The May 2013 payment will help cast doubt on the rest of their case though xx

N180 - you chose your local county court - just pop postcode in https://courttribunalfinder.service.gov.uk/

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just filled in the questionaire and sent off. Am I right in suggesting that a blank CCA is unenforceble in Court?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Just a further update. Have now received the questionnaire back from B.C. they state that they wish to settle out of court. I also received a response back from BC in reply to my asking of them to forward the CCA. This basically repeated the line that the original creditor would have given me the doc and all evidence relied on would be made available.

[MIKE770]

Re: Bryan Carter/Lowell Court Claim Form received

Just a further update. Have now received the questionnaire back from B.C. they state that they wish to settle out of court. I also received a response back from BC in reply to my asking of them to forward the CCA. This basically repeated the line that the original creditor would have given me the doc and all evidence relied on would be made available.

He is panicking and trying last begging letter to you ??? sure others may comment on issue

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Just filled in the questionaire and sent off. Am I right in suggesting that a blank CCA is unenforceble in Court?

A blank CCA in regards to what ? - it doesn't really affect whether it has your details and signature on it unless you are denying ever signing it - but basically it needs to be a true representation of the terms and conditions that you agreed to originally.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Just a further update. Have now received the questionnaire back from B.C. they state that they wish to settle out of court. I also received a response back from BC in reply to my asking of them to forward the CCA. This basically repeated the line that the original creditor would have given me the doc and all evidence relied on would be made available.

BC knows he cannot enforce the debt without the CCA so yes it is a pretty standard attempt to get you to settle without them having to produce the documents under the Consumer Credit Act. So unless its an amazing offer and you don't want to continue defending the claim I would be inclined to simply file it away.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

An update. I have received a court date for the 9th of Oct. The judghe has asked for "all original documents" which I havent as yet receioved off Lowells or Bryan Carter. No CCA nothing. So any advice as to what documents I have to submit in my bundle would be gratefully received.

[Kafka]

Re: Bryan Carter/Lowell Court Claim Form received

What exactly did the court say about their disclosure, and have they allowed time after that for your own submission?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

They haven't disclosed anything yet It just an instruction for all the evidence to be in 2weeks before the date.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Ive got a Court date at the end of the month so I would be grateful if anybody could advise what I need to disclose to the court and Carters

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

What date is the court date?

Have you still had nothing off BC ?

If not then your disclosure will be copies of the letters you sent asking for the information - so the CPR and CCA requests - and any replies you received.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Court date is the 29th Oct