Bryan Carter/Lowell claim form. ** DISCONTINUED **

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Hello, is anyone out there? HELP!! :doggieyes:

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

Hi Terrier, Sorry no one has seen your post today, I'll have a read back xx

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

Okay easy bits first then xx

- Do I address this to anyone or say 'Dear Sir/Madam'? And should I sign and date it. I am going to lodge my defence on MCOL.

Defence should be laid out like this

- How do I end it?

This is a decent final line

5. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

then use the statement of truth as in the above image.

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Thank you :hail:

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Since writing the first draft, I added this to the first point to make it more personal -

1. The Claimant's claim is for a debt that is alleged to be owed to Three Mobile on A/C No. xxxxxxxxxxx. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement with the original creditor, referred to in the Particulars of Claim (‘the Agreement’) and the Claimant has yet to disclose any such agreement.

Is that ok?

Do I need to mention anything about not receiving a default notice and a assignment notice (hmm......although maybe I did but don't remember, as I moved around a lot in those years).

PS. Thanks for the defence layout.

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

- Should I mention anything about the Claimant/Solocitor not providing any proof or responding with proof to my CPR, although I have mentioned the CPR, should I say they have not sent me any proof.
- Should I mention anything about Three mobile as I have not actually mentioned this in the defence letter?
- I have also said that I do not admit or deny the claim of debt, the reason being I don't remember it and so I want to say I neither deny nor admit and just want to ask for proof. How do I say this? Also the notice of assignment. These letters started coming in after I went travelling, so maybe they sent me something but I didn't receive it. I also moved around a lot. I want to ask for proof. Can I still say I deny receiving the NofA, although it may have been sent to an old address?

Have tried to include those bits in amended defence below....

--------------------

1. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement with 'Three' mobile as referred to in the Particulars of Claim.

2. The Defendant has no recollection of entering into any agreement with 'Three' and the Claimants have not provided any information to assist him in assessing their claim. As 'Three' are a mobile telephone provider the Defendant assumes this is a telecommunications contract as as such not regulated under the Consumer Credit Act 1974.

3. The Claimant states the debt was ''ASSIGNED TO / PURCHASED BY Lowell Portfolio I Ltd ON 04/03/2011 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925''. The Defendant has not received any such notification.

3. The Particulars of Claim state the agreement was for FINANCE AND / OR SERVICES AND / OR GOODS. This is extremely vague.

4. Despite a request to the Claimant for copies of documents mentioned in their statement of case, as allowed under CPR 31.14, the Claimant has yet to disclose any such agreement, or any other documents replied upon.

5. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant.

6. The Claimant has failed to provide any evidence of assignment, agreement, or breach thereof and the Claimant is put to strict proof to:

(a) Show how the Defendant has entered into an agreement with the Claimant; and
(b) Show how the Defendant has reached the amount claimed for; and
(c) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by the Defendant.

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

------------------------------------

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

Since writing the first draft, I added this to the first point to make it more personal -

1. The Claimant's claim is for a debt that is alleged to be owed to Three Mobile on A/C No. xxxxxxxxxxx. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement with the original creditor, referred to in the Particulars of Claim (‘the Agreement’) and the Claimant has yet to disclose any such agreement.

Is that ok?

Do I need to mention anything about not receiving a default notice and a assignment notice (hmm......although maybe I did but don't remember, as I moved around a lot in those years).

PS. Thanks for the defence layout.

Ahh crossed posts.

The Claimant's don't mention any default notice so as you are saying you don't know what this debt is and haven't had any evidence it ever existed then I wouldn't worry about the default notice at this stage.

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Oh my goodness, this is amazing. Thank you so much Amethyst. :love:

Would you advice to send defence in the next few days, or wait till just before the deadline which is the 14th? Also, I'm going travelling for a month over Christmas, will this drag on till then. I don't want to miss any deadline while I'm away. Should I change my travel plans?

aw:

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

God no, you go travelling, if you want to try get this sussed before you go away, then send the defence in as soon as you are ready, you don't have to worry about waiting for the CCA request (as there isn't one) so long as they have had more than 7 days on the CPR request you should be fine to go.

Time scales wise it could be difficult, but can be dealt with phone/online, and hopefully you'll get to directions Q's before you go.

From returning the defence, the court send it to the defendants who then have up to 28 days to respond to say if they wish to continue. Then you have directions questionnaires ( and you can put on those any dates you are unavailable for a court hearing ), then its usually at least a month before any hearing, if it goes that far.

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Oh that's fab and very informative. Thanks a lot. I'll send the defence tomorrow.

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

Hello all you lovely people, I have fantastic new!! Yesterday I received a notice of discontinuance from those a*holes Bryan Carter/Lowell. It has been the best news I have had in a long while. I am actually amazed at how soon BC caved. I assumed this would atleast go as far as mediation. Guess they really are on a fishing expedition. It is disturbing to think how close I was to giving in and just paying up, and how many other people out there are probably doing the same thing. Many many thanks to all you amazing people for standing by me through this incredibly scary process. I have had many sleepless nights in the last 6 weeks and the legal beagles have kept sane. I am so grateful to Kafka, Flaming Parrot and especially Amethyst. Thank you so much. You are giving hope to so many. I am eternally grateful. Will be making a donation.

All the best!

T

[Kafka]

Re: Bryan Carter/Lowell claim form. Help!

Well done.
:ymca:

[Terrier29]

Re: Bryan Carter/Lowell claim form. Help!

:bedjump::clap2::cheer2::wub:

[Amethyst]

Re: Bryan Carter/Lowell claim form. Help!

Hello all you lovely people, I have fantastic new!! Yesterday I received a notice of discontinuance from those a*holes Bryan Carter/Lowell. It has been the best news I have had in a long while. I am actually amazed at how soon BC caved. I assumed this would atleast go as far as mediation. Guess they really are on a fishing expedition. It is disturbing to think how close I was to giving in and just paying up, and how many other people out there are probably doing the same thing. Many many thanks to all you amazing people for standing by me through this incredibly scary process. I have had many sleepless nights in the last 6 weeks and the legal beagles have kept sane. I am so grateful to Kafka, Flaming Parrot and especially Amethyst. Thank you so much. You are giving hope to so many. I am eternally grateful. Will be making a donation.

All the best!

T

That's great to hear - well done and thank you for letting us know. Enjoy your travels

[enaid]

Re: Bryan Carter/Lowell claim form. ** DISCONTINUED **

Well done all concerned another great result xx