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

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

REALLY need help now. Have got the defence from Carters and they have put in a blank CCA as it looks like they haven't the original..

It also says it has knowledge of me making an SAR request yet I have their reply. Please help.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

I think I've cocked up big time as I thought the papers had to be in 7 days before hearing but it's 14. !! What can I do get an adjournment?

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

I don't know if anybody replies to these sub-threads but it would help me enormously if somebody did

[MIKE770]

Re: Bryan Carter/Lowell Court Claim Form received

admin alerted

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Could you post up the blank CCA please and a copy of BC's reply to your defence - their witness statement and documents they intend to rely on in court.

You are okay as they have only just sent you their documents yesterday so once we have a look at those we'll know if you need to ask to amend your defence or negotiate with BC.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

The hearing is in 8 days time will try to get things posted up

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

The CCA is a blank one from 2010 but the account was opened in 2002

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

toffee man, thought it may be worth you giving the court a call to see if their has been any contact by the claimant and whether the hearing is going ahead.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Yep it's going ahead

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

So Im thinking that my defence will be that they haven't supplied the CCA agreement and the one that have supplied is 8yrs after I took out the account.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Any advice please

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

STILL hoping for advice

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Evening

So your hearing's tomorrow? You never posted up a copy nor the claimant's witness statement so I don't know what reason they have given so it's difficult to counter whatever arguments they have. I also don't know if you sent in your documents/copies of letters etc and a witness statement.

But basically yes your defence is that they have not complied with your CCA request and therefore cannot enforce the agreement - they have sent you a generic agreement from 2010 and your account was opened in 2002, therefore you could not have signed that agreement and do not recall signing any agreement although you realise you must have done something to start purchasing items from Shop Direct, you do not know what terms it was under and whether all the prescribed terms were present. You do not know how they have calculated the balance they are claiming and you dispute that you made the payment in 2013, and have bought along your bank statements to show it wasn't made, they should evidence where that payment has come from. They have not provided you with a default notice nor any notice of assignment and there is no evidence that they have any rights to claim the alleged debt from you. You still are unsure what exactly the debt is made up of, the copy agreement they have sent you could be from anything, and belong to anyone. You appreciate you bought things from a catalogue (I still don't know which catalogue we're talking about) as far as you were concerned you ordered items, they turned up, and you paid for them over a few months without any interest being added.

[toffee man]

Re: Bryan Carter/Lowell Court Claim Form received

Many thanks for that. They have sent notice of assignment and default but sent it in 2009 to and address I left 8 yrs earlier they are included in their witness statements but I never received them. They deny I made an SAR request but Ive got the paperwork they sent me.

The kicker is I missed the deadline to provide my witness statements and defence.

[Amethyst]

Re: Bryan Carter/Lowell Court Claim Form received

Yes that is a kicker. You'll have to hope you have a generous judge to allow you to show your paperwork.

Had you informed the original lender that you had moved?