• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re: Lowell portfolio /Bryan Carter V Rocky 1987

    Hi

    So I am now going through my folder again. I have 4 folders one for myself, one for the judge and one for lowell and another for bryan carter, Do i just send these off or should i put a cover letter in saying something like here are my documents that I want to use in court.

    Also this is my witness statement can you please just check it. Do i also need to put a copy of this in each folder?

    WITNESS STATEMENT

    This is the witness statement of:

    Your name: XXXXXX XXXXXXXX

    Your address: XX XXXXXX XXXX XXXXXXXXX

    Defendant: XXXXXXXXXXXXXXXX

    1. The defendant received Claim No XXXXXXXXX on 01/05/2015

    2. Proof of the alleged debt was requested from the claimant
    Lowell Portfolio 1 ltd on 05/05/2015 which was posted recorded and
    signed for.
    3. A copy of the service agreement, notice of assignment and
    formal demand was requested on the 05/05/2015 which was posted
    recorded and signed for.

    3. To date neither the claimant nor its solicitors have provided
    any proof of the alleged debt; (A copy of the Service Contract)

    4. Various letters have been received from the claimant’s
    solicitors (Bryan Carter) declining to produce any documents to
    support the claim.

    5. The defendant avers that the alleged debt is statute barred
    under the provisions of section 5 of the
    limitations act 1980.

    6. No payment or unequivocal written acknowledgement of the alleged
    debt having been made in 6 years prior to the issue of the claim.

    7. The Claimant avers that a payment of £120.56 was made to the alleged debt.

    7 a. On the 10th June 2015 I requested details of how, when, and by whom the alleged payment was made.

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

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

    Statement of Truth:

    The above is to the best of my knowledge and the complete truth:

    Signed XXXXXXXXXXXX Defendant
    Dated 14/05/2015

    Signed
    I am the Defendant - I believe that the facts stated in this form are true
    XXXXXXX XXXXXXX
    14/05/2015

    Defendant's date of birth
    XX/02/198X

    Address to which notices about this claim can be sent to you
    XX XXXXX ROAD

    MANCHESTER
    XXX XXX

    Telephone number
    07XXXXXXXXX

    Thanks Ro

    Comment


    • Re: Lowell portfolio /Bryan Carter V Rocky 1987

      Originally posted by rocky1987 View Post
      Hi

      So I am now going through my folder again. I have 4 folders one for myself, one for the judge and one for lowell and another for bryan carter, Do i just send these off or should i put a cover letter in saying something like here are my documents that I want to use in court.

      Also this is my witness statement can you please just check it. Do i also need to put a copy of this in each folder?

      WITNESS STATEMENT

      This is the witness statement of:

      Your name: XXXXXX XXXXXXXX

      Your address: XX XXXXXX XXXX XXXXXXXXX

      Defendant: XXXXXXXXXXXXXXXX

      1. The defendant received Claim No XXXXXXXXX on 01/05/2015

      2. Proof of the alleged debt was requested from the claimant
      Lowell Portfolio 1 ltd on 05/05/2015 which was posted recorded and
      signed for.

      3. A copy of the service agreement, notice of assignment and
      formal demand was requested on the 05/05/2015 which was posted
      recorded and signed for.

      4. To date neither the claimant nor its solicitors have provided
      any proof of the alleged debt; (A copy of the Service Contract)

      5. Various letters have been received from the claimant’s
      solicitors (Bryan Carter) declining to produce any documents to
      support the claim.

      6. The defendant avers that the alleged debt is statute barred
      under the provisions of section 5 of the
      limitations act 1980.

      7. No payment or unequivocal written acknowledgement of the alleged
      debt having been made in 6 years prior to the issue of the claim.

      8. The Claimant avers that a payment of £120.56 was made to the alleged debt.

      8 a. On the 10th June 2015 I requested details of how, when, and by whom the alleged payment was made.

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

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

      Statement of Truth:

      The above is to the best of my knowledge and the complete truth:

      Signed XXXXXXXXXXXX Defendant
      Dated 14/05/2015

      Signed
      I am the Defendant - I believe that the facts stated in this form are true
      XXXXXXX XXXXXXX
      14/05/2015

      Defendant's date of birth
      XX/02/198X

      Address to which notices about this claim can be sent to you
      XX XXXXX ROAD

      MANCHESTER
      XXX XXX

      Telephone number
      07XXXXXXXXX

      Thanks Ro
      sorted out your numbering (in red) ... I'm sure you'll get lots of advice from the Beagles
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • Re: Lowell portfolio /Bryan Carter V Rocky 1987

        Hello Rocky,

        Good work!!

        You don't need to send a copy to Lowell Carter is their legal representative so just copies for him and the court and yourself

        You can't use coloured text an it would be better to lose the italics as well.

        Keep a couple of extra copies as it is quite often claimed by the " solicitors " that documents have not been received..

        Just noticed in the statement of truth.

        Should read " to the best of my knowledge and belief the above is the truth"

        nem

        Comment


        • Re: Lowell portfolio /Bryan Carter V Rocky 1987

          Hi Thanks Nem

          Is this ok to put at the front of my file to show my exhibits and a timeline of letters sent and received. Can you check out the last 2 points as I am unsure if I should of replied to Carters last letter.


          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 (see exhibit 3) but I had not put the correct account number on my previous letter to them. They found two accounts one which is now settled and the three account that this case relates to. They claimed 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 30th 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 anymore because it Is a very old account.


          Thanks
          Ro,

          Comment


          • Re: Lowell portfolio /Bryan Carter V Rocky 1987

            Hi Ro, Yes that's fine, it's what one might call a skeleton argument if you intend to copy to the court/carter no bold text should be used.

            nem

            Comment


            • Re: Lowell portfolio /Bryan Carter V Rocky 1987

              Hi Nem,

              So I have removed the bold. Just a question why should no bold be used?

              Also I was thinking what if Lowell or Bryan carter are on this forum will it matter as surely they could put 2 and 2 together and work out who I am?

              Thanks Ro

              Comment


              • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                Originally posted by rocky1987 View Post
                Also I was thinking what if Lowell or Bryan carter are on this forum will it matter as surely they could put 2 and 2 together and work out who I am?
                That I wouldn't worry about ... from what I've read on here, they put in so many claims anyway that the chances of them deducing who you were from this thread are next to nothing xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                  Originally posted by Kati View Post
                  That I wouldn't worry about ... from what I've read on here, they put in so many claims anyway that the chances of them deducing who you were from this thread are next to nothing xx
                  This would be assuming that there is intelligent life in Carters office, so I don't think there is likely to be a problem Ro~

                  Comment


                  • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                    Originally posted by nemesis45 View Post
                    This would be assuming that there is intelligent life in Carters office, so I don't think there is likely to be a problem Ro~

                    intelligent life - Unintelligent to be truthful = they would not frequent there if the were intelligent!layball:

                    Comment


                    • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                      Originally posted by nemesis45 View Post
                      This would be assuming that there is intelligent life in Carters office, so I don't think there is likely to be a problem Ro~
                      Originally posted by MIKE770 View Post
                      intelligent life - Unintelligent to be truthful = they would not frequent there if the were intelligent!layball:
                      as I said ... nothing to worry about :lol: xx
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                        Originally posted by Kati View Post
                        as I said ... nothing to worry about :lol: xx
                        I'll say no more than I have met this person.

                        nem

                        Comment


                        • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                          Originally posted by rocky1987 View Post
                          So I have removed the bold. Just a question why should no bold be used?

                          Also I was thinking what if Lowell or Bryan carter are on this forum will it matter as surely they could put 2 and 2 together and work out who I am?
                          First of all, they deal with thousands of accounts and issue hundreds of claims at the same time because they pay a lower court fee doing it that way, that's why it's called the Northampton BULK Centre, claims are issued in bulk, it's not like one of us issuing a claim against a builder or someone who sold us a dodgy car or phone, these guys do it big time.

                          There are also quite a few websites out there dealing with these matters and they're not going to waste time trawling through all the forums trying to figure out who is who only to find out they've been barking up the wrong tree all along. Furthermore, everything we post up here will end up being shared with them anyway, you are serving a copy on them.

                          Comment


                          • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                            Now renamed the Business Centre I suspect to remove the " stigma " of bulk litigation.

                            nem

                            Comment


                            • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                              Ok my files are all ready. 1 for me one for bryan carter and one for the judge. I have also made two extra files should the judge or bryan carter say that they did not receive them. I will send them now recorded and signed for so that i know they were received.

                              What is the next thing i should do? I am hopeful that they will discontinue as they will struggle to produce the documents.

                              Thanks Ro

                              Comment


                              • Re: Lowell portfolio /Bryan Carter V Rocky 1987

                                Hi

                                When I post my documents to the court and bryan carter what should my cover letter say. Are the below examples suitable?

                                Manchester County Court and Family Court Hearing Centre
                                Manchester Civil and Family Justice Centre
                                1 Bridge Street West
                                Manchester
                                Greater Manchester
                                M60 9DJ

                                29 September 2015
                                Ref: County Court Claim No BXXXXXXXX

                                Please find enclosed a copy of the supporting documents that I will be using at the court hearing on the 15th October 2015.
                                I look forward to meeting with you and the claimant to discuss and resolve this matter.

                                Yours sincerely

                                XXXXX XXXXXX

                                Bryan Carter Solicitors
                                11 DE Havilland Drive
                                Weybridge
                                Surrey
                                KT13 0YP

                                29 September 2015
                                Ref: County Court Claim No BXXXXXXX

                                Please find enclosed a copy of the supporting documents that I will be using at the court hearing on the 15th October 2015.
                                I look forward to receiving a copy of your supporting documents for myself and my legal advisor to look at.

                                Yours sincerely

                                XXXXX XXXXXXX

                                Not sure if I have to say anything else?

                                Thanks
                                Ro
                                Last edited by rocky1987; 29th September 2015, 00:10:AM. Reason: added more

                                Comment

                                View our Terms and Conditions

                                LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                                If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                                If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                                Announcement

                                Collapse
                                1 of 2 < >

                                SHORTCUTS


                                First Steps
                                Check dates
                                Income/Expenditure
                                Acknowledge Claim
                                CCA Request
                                CPR 31.14 Request
                                Subject Access Request Letter
                                Example Defence
                                Set Aside Application
                                Directions Questionnaire



                                If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                                NOTE: If you receive a court claim note these dates in your calendar ...
                                Acknowledge Claim - within 14 days from Service

                                Defend Claim - within 28 days from Service (IF you acknowledged in time)

                                If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                                We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                                If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                                2 of 2 < >

                                Support LegalBeagles


                                Donate with PayPal button

                                LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                                See more
                                See less

                                Court Claim ?

                                Guides and Letters
                                Loading...



                                Search and Compare fixed fee legal services and find a solicitor near you.

                                Find a Law Firm


                                Working...
                                X