** WON ** County Court Claim form from bryan carter solicitors in behalf of lowell

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Okay so recieved my letter!!
Exactly wht you said saying they dont need to comply as small claims and jumping the gun saying i cant have extension which i havent actually asked for...
They also got the date wrong for when the claim was issued (both theirs and claim form say 17th they say 16th)
They also state they are not in receipt of my acknowledgement of service which i have signed for proof it was delivered.
i only sent this to the courts though and presume the courts pass thi on to them ? didnt send them a copy.
letter is attached
many thanks

[FlamingParrot]

Re: County Court Claim form from bryan carter in behalf of lowell

Okay so recieved my letter!!
Exactly wht you said saying they dont need to comply as small claims and jumping the gun saying i cant have extension which i havent actually asked for...
They also got the date wrong for when the claim was issued (both theirs and claim form say 17th they say 16th)

That's their stock generic templated response, :rant: which they probably churn out by the hundreds, hence the mistakes.

They also state they are not in receipt of my acknowledgement of service which i have signed for proof it was delivered.
i only sent this to the courts though and presume the courts pass thi on to them ? didnt send them a copy.
letter is attached
many thanks

Yes, the court should pass it on to them. See this thread for a letter you can reply with: http://www.legalbeagles.info/forums/...385#post410385 :ranger:

You could also attach a copy of the acknowledgment of service just to round things up nicely. :thumb:

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Okay will send tomorrow recorded again.
I don't have a copy of the acknowledgment it was done via post recorded
i do have proof courts have received it via the Royal Mail website could remind them of that?
what comes next? I'm sure this has been played out navy times! How lazy of them !
thanks again

[FlamingParrot]

Re: County Court Claim form from bryan carter in behalf of lowell

Okay will send tomorrow recorded again.
I don't have a copy of the acknowledgment it was done via post recorded
i do have proof courts have received it via the Royal Mail website could remind them of that?

You could... :thumb:

what comes next? I'm sure this has been played out navy times! How lazy of them !
thanks again

You'll have the option to submit a defence or do an unless order to force them to disclose the documents. I posted about that same thing earlier on this thread: http://www.legalbeagles.info/forums/...635#post455635 :ranger:

It's more than being lazy, it's being cheeky! They haven't got the documents, nor do they even know whether the accounts are unenforceable, SBd etc. They issue claims hoping to obtain an admission or default judgment. :rant: :mad2:

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Have received a textbook reply! They really are unbelievable!
So is it now another letter to them and one to the courts?
MAny thanks
Chloe

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Don't know what to do next??
Any help appreciated

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

I don't think you need do anything as you've already countered them once.

What date is your defence due in?

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

33 days from 17th July so have worked it out as 19th August?
have read a couple of similar threads but just scared of doing wrong thing
also husband can't sign anything after tomorrow as he's been sent abroad from Monday for 2 months! (Military) slightly pulling my hair out!

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

Ahh bugger, and the claim is against him? Soooooooo we could do your defence now, being as we have two letters saying they aren't going to give you the information, although it is likely that whilst he is away you will get the allocation/directions questionnaire which will need signing. We could postdate the defence (ie done and signed but dated in a couple weeks time and send it then?). Basically timescales will be send in defence, up to 28 days for response from claimant, then the directions/allocation questionnaire will want signing....so could be okay if the courts are behind by 10 days as they usually are.

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

That's fine, so is it his defence to do next?
i can sort arrange any letters tonight and have him sign them
Will figure everything else out as needed!
Thank you

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

Still dont know what to do next?
I have no idea how to write a defence with wording etc.
Any help appreciated.
Getting anxious as deadline is 19th
thanks

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

Here's a starting point for you..... you're basically defending on the fact that there are no documents and until there are you can't really defend as you don't know any details of the debt.

1. The Claimants claim form fails to adequately or even accurately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alledged to be owed to xxxxxxxxxxon A/C No. xxxxxxxxx…………

add something like.... - this appears to relate to a basic bank account held in 2008 by the Defendant however the account has not been used since and had no overdraft facility or availability on it and the bank has never to his knowledge contacted him regarding any debt owing, thus the Defendant is confused as to how any debt could have accrued. In addition the account number is different and the Defendant is unsure even if the claim applies to this account.

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately.

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.

4. The Defendant is unaware of having purchased any goods from xxxxxxx at any time.

5. The Defendant admits having held banking and credit accounts with xxxxxx historically however is unaware of any debt owing to xxxxxxx . The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

6. No date of inception of the account has been given.

7. The sparse particulars of claim state that the account was assigned from Lloyds to Lowell Portfolio on 24/06/2013. The Defendant has not received any notification of this assignment.

8. 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.

Accordingly, the Defendant avers that

9. The Claimant has failed to plead properly in this matter

10. Therefore, the Claimants Claim should be dismissed.

11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

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

[chloe38]

Re: County Court Claim form from bryan carter in behalf of lowell

do i just attatch that to the blue defence form and post it?or does it need to have adress/claim number etc (cant use online service)
Also dont even know account number as that wasnt on the form, debt was from loyds but was bought by lowell who have now given to bryn carter to collect.
Is it wort mentioning about it being statute barred?
sorry just want to make sure i do it right and have never ever done anything like this !
Thanks
chloe

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: XXXXXXX

BETWEEN:

Lowell Portfolio Limited

CLAIMANT

And


Chloe38

DEFENDANT

__________________________________________________ _________________________


Defence

__________________________________________________ ______

1. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alledged to be owed to Lloyds Bank Plc .

2. The Particulars of Claim do not specify the type of account or give any reference number to assist the Defendant identifying the account. No date of inception of the account has been given.

3. The Defendant believes the claim may relate to a Basic Bank Account held with Lloyds Bank Plc up until 2007 however is unaware of any outstanding debt owing on that account. There was no overdraft facility on the account and the Defendant has not received any communication regarding any alledged debt from Lloyds Bank Plc.

4. In the event the claim is regarding the account detailed in Paragraph 3, and if, which is denied, there was any debt owing on the account, then the Defendant would submit any debt is Statute Barred by virtue of Section 5 of the Limitations Act.

5. Due to the confusion as to what the claim relates, the Defendant has requested further information from the Claimants. The Defendant requested this information under CPR 31.14 and requested a copy of the agreement, default notice and notice of assignment. The Claimant has not supplied any documentation to the Defendant.

6. 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.

7. The Defendant denys the Claimant is entitled to the relief as claimed.

Accordingly, the Defendant avers that

9. The Claimant has failed to plead properly in this matter

10. Therefore, the Claimants Claim should be dismissed.

11. In the alternative, should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth

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

Signed


Dates

[Amethyst]

Re: County Court Claim form from bryan carter in behalf of lowell

Yes you can attach that to the response form (obviously it needs checking and dates/names etc correcting) write on the response form that the defence is attached. It needs the header, page number and claim number on each page, and needs to be signed and dated at the end under the statement of truth.