**DISCONTINUED** Lowell portfolio /Bryan Carter V Rocky 1987

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Cheers Nem.

Do I need to let them know that I will be taking a file with me with each letter that I have sent to Bryan carter asking for the proof of debt etc.

Cheers
Ro

[Sandy Ago]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

What does this mean?

When I received my letter from the court giving the date of my hearing, the letter actually stated that both parties had to submit any documents on which they intended to rely some 2 weeks before the hearing and we had to provide each other with copies. Your letter doesn't specifically state that but, instead, mentions Part 27 of the Civil Procedures Rules and that relates to standard directions which says this should be done.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Cheers Nem.

Do I need to let them know that I will be taking a file with me with each letter that I have sent to Bryan carter asking for the proof of debt etc.

Cheers
Ro

Good morning Ro,

Any documents you intend to rely on in court need to be mentioned in the defence and indexed as e.g.

On date I wrote to the claimants solicitor asking for proof of the alleged debt ( exhibit Carter 1).

You will need to provide 3 copies 1 for the claimant 1 for the judge ( in the defence bundle and 1 for yourself.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I have not heard anything back I am just waiting. Will I hear anything now or just wait and attend the court date.

cheers

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I have not heard anything back I am just waiting. Will I hear anything now or just wait and attend the court date.

cheers

Have you received any documents at all? As you have blanked out the date of the hearing, I can't see when it's due to take place. The court should have given directions to disclose the documents at least 14 days prior to the hearing date. As SandyAgo said above, they are just referring both sides to CPR 27: https://www.justice.gov.uk/courts/pr...l/rules/part27

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi it is due to take place in October. I will hopefully hear from someone nearer the time.

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi it is due to take place in October. I will hopefully hear from someone nearer the time.

Hopefully what you'll get will be a notice of discontinuance, ray: unless they can get their hands on some paperwork by then.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have just spoken to the court and I asked did Lowell pay the £80 hearing fee and they have so looks like it is going ahead.

I will now have to just sit and wait until October I am so scared. I have all my file in order and ready to use. So do I need to get these photocopied so that the judge, lowell and myself have a copy on the date and send them to the court?

Thanks Ro

[judgemental24]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Deep breath

These things are not normally resolved until a few days before it goes into court. It is he who blinks first, a game of chess or call my bluff

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have just spoken to the court and I asked did Lowell pay the £80 hearing fee and they have so looks like it is going ahead.

I will now have to just sit and wait until October I am so scared. I have all my file in order and ready to use. So do I need to get these photocopied so that the judge, lowell and myself have a copy on the date and send them to the court?

Thanks Ro

Hello Rocky,

Don't let this stress you or scare you! You are well prepared!
Make 3 copies of every thing one for Carter/Lowell one for the court and one for you.
Make sure any " exhibits" documents are numbered and referenced for ease of finding#
in court.
Lowell / Carter must send you copies of all documents they intend to rely on At Least 14 Days Prior to the Hearing, and you must send yours to them.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Nem,

I have wrote this out and will be sending it with everything.

1. I received County court claim on 01/05/2015 (see exhibit 1)
2. I sent my acknowledgment of service off on 01/05/2015 (see exhibit 2)
3. On 05/05/2015 I sent a request for documents letter to Bryan Carter solicitors and Lowell Portfolio asking them to provide me with proof of the documents mentioned in the statement of case so I can start my defence. a)agreement, b) assignment, c) formal demand.(see exhibit 3 and 4)
4. Bryan Carter responded on the 08/05/2015 and did not give me copies of what I requested (see exhibit 5)
5. On the 11/05/2015 I responded to Bryan Carter and again asked for the documents as I was trying to write my defence but without the documents I cannot see anything about the alleged debt just what they have told me. (see exhibit 6)
6. On the 13/05/2015 Bryan carter responded and again did not send me copies of what I have requested so I have not been able to start my defence. (see exhibit 7)
7. My defence was due in soon and neither Lowell nor Bryan Carter had given me any of the supporting documents that I needed for me to complete my defence so I submitted it without these as I believe it to be statute barred. I submitted my defence on the 14/05/2015 (see exihibit 8)
8. On the 15/05/2015 HM Courts and Tribunals service sent me a letter acknowledging receipt of my defence.(see exhibit 9)
9. On 21/05/2015 Lowell Responded to my letter (exhibit 3) and I had not put the correct account number on my letter to them. They found the three account that this case is regarding and said that a payment was last made on the 04/06/2009 and that the account is being dealt with by Fredrickson International / Bryan Carter and that I will need to contact Bryan Carter for any further information. (see exhibit 10)
10. On the 10/06/2015 I responded to Lowell with regards to the alleged payment in June 2009 and I asked them for evidence of this payment so that I can look for the payment. I also sent Bryan Carter the same letter asking them for evidence of the payment (see exhibit 11 and 12)
11. On the 17/06/2015 the county court business centre wrote to me as they believed it to be a matter for the small claims track wanting me to go through mediation. I filled in the directions questionnaire document and posted it off telling them when I am free for them to call me. I do not have a copy of this as I posted it off on the 26/06/2015 like requested. I do have the front page that came with the letter and postage proof of directions questionnaire (see exhibit 13)
12. On the 18/06/2015 Lowell responded to my letter (see exhibit 11) and told me that the account is being dealt with by Fredrick international / Bryan Carter and that I will need to contact them to discuss the account. (see exhibit 14)
13. On the 19/06/2015 Bryan carter wrote to me telling me that their client intends to proceed with the matter but that they would like to enter negotiations with me. (See exhibit 15)
14. On the 30^th June Bryan Carter sent me a copy of Lowells directions questionnaire and it also said Lowell Is prepared to settle outside of court. (see exhibit 16)
15. I received a call from the county court business centre at the beginning of July and they began to ask me the questions which I could not answer as Lowell or Bryan Carter had still not provided me with the details that I needed for me to find out the details of the alleged claim. The lady advised me that it is best not to enter into mediation then as I do not have the supporting documents to help me.
16. On the 03/07/2015 I sent a letter for the personal attention of Bryan Carter himself regarding their claimant wanting to negotiate. And telling him how no documents have been provided to me from Lowell. (See exhibit 17)
17. On the 07/07/2015 I received a letter from the county court business centre saying that the small claims mediation team were unable to secure a mediation appointment and that the claim has been transferred to the county court hearing centre. (see exhibit 18)
18. On the 13/07/2015 Bryan Carter solicitors wrote to me and said that I made a payment of £120.56 this is the first time any information was given to me regarding payment amounts so I tried to find a payment for that amount and I cannot find one. They also mention that If I would like a copy of the agreement that I would need to go to the store where I purchased the device. (see exhibit 19)
19. This contract was opened in 2006 so it has been over 9 years and it was done online so I called three customer services and they do not have access to them documents any more because it Is a very old account.


Should send one to the court, one to Bryan carter and one to Lowell just to be safe. And also have a copy for myself?

I am just hoping that the judge will see that i have requested information about the alleged debt and understand where I am coming from.

What if Lowell have some sort of proof? They told me that I made a payment of £120 but when I requested how it was paid they never responded.

Thanks again

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Yes copy as you say.
For the mystery payment.
Add to defence:

() The Claimant avers that a payment of £120.00 was made to the alleged debt:

(0 a. One date I requested details of how, when, and by whom the alleged payment was made.

() b. To date the claimant has not provided any proof that such a payment was made by me.

() The defendant avers that without proof of such a payment this point should be dismissed.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

How do i add to my defence? It was submitted online ages ago and it doesn't allow me to edit it. Should i Just copy and paste is edit it and print it out and send it to the court?

Thanks again

[judgemental24]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Has Brian Carter given a response yet via a witness statement to the defence you originally submitted online??

You probably will have to respond by a witness statement yourself as you will have to ask the court to amend your defence. That will cost you £155.00

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

How do i add to my defence? It was submitted online ages ago and it doesn't allow me to edit it. Should i Just copy and paste is edit it and print it out and send it to the court?

Thanks again

Use it in you WS Rocky no doubt the claimant with state that a payment was made and will be as vague as possible in doing so.
Let us know when you hear from Carter.

nem