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

[rocky1987]

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

[Kati]

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.

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

[nemesis45]

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

[rocky1987]

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 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 anymore because it Is a very old account.


Thanks
Ro,

[nemesis45]

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

[rocky1987]

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

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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~

[MIKE770]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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:

[Kati]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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:

as I said ... nothing to worry about :lol: xx

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

as I said ... nothing to worry about :lol: xx

I'll say no more than I have met this person.

nem

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

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

nem

[rocky1987]

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

[rocky1987]

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 15^th 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 15^th 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