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

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hello Rocky apologies for the delay in sorting the letter for you, have had to be away!

So we want to suggest to Carter that he should recommend to his client that the claim should be withdrawn.

For the Personal Attention of :

Bryan Carter,
Principal
Bryan Carter LLP


Date:................................

Ref: County Court Claim No.xxxxxxxxxxxxxxxxxxxxx
Re: Your Letter dated:.....................................


Dear Mr Carter,

I am in receipt of your letter dated............... in regard to the above mentioned claim, it has been noted that your client Lowell is
willing to negotiate a settlement backed up by a Consent Order, one is driven tom wonder why Lowell should be minded to take
this approach!

I remind you that there has been no admission of any liability for the alleged debt, and indeed there will not be as I am aware
that the alleged debt is Statue Barred under the Provisions of the Limitations Act 1980.

Lowell has also failed to provide any response to my request for a copy of any agreement relating to the alleged debt, thus rendering the debt enforceable.

Given the information above I can only conclude that Lowell is only willing to " negotiate" via mediation and gain a consent order
because it's claim has no merit.

I suggest that Bryan Carter LLP inform its client of the above and recommends that the claim be withdrawn.
Any further action will be robustly defended.

I will allow 7 days for a response after which I will make application for the claim to be struck out

with your client ordered to meet all costs involved.


yours etc.,

use signed for post, check delivery date.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Nem, Thats brilliant. I will get this sorted now and sent off. Lowell responded to the last letter that I sent them saying " They are not dealing with the account but that carter are. Carter have still not responded.

Cheers again
Ro.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok just an update on this matter.

I received a copy of the claimants directions questionnaire and it says that the claimant is prepared to settle this out of court.

I have not had a reynfrom them regarding the letter that Nem drafted above this post.

A lady called me today from the county court to arrange a time to call for mediation but then said that mediation will not be suitable for me as Lowell or Bryan Carter have not sent me the documents that I have requested.

She said that my local county court will schedule a day for me to attend a hearing. I really don't want to go to court as I am a really nervous person. What would you advise?

Thank you
Ro

[BLUEOTTER]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Stick with it you're making lots of progress here with some fine advice. I don't actually think
it will get to court,they'll most likely capitulate before then,wanting to settle out of court is a good barometer of how they feel about this one.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

What do you think I should be doing now? I have my file all organised with a copy of every letter and response. I have proof that Lowell have never replied with the information that I have requested.

I'm just hoping flaming parrot or nemesis respond.

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok just an update on this matter.

I received a copy of the claimants directions questionnaire and it says that the claimant is prepared to settle this out of court.

I have not had a reynfrom them regarding the letter that Nem drafted above this post.

A lady called me today from the county court to arrange a time to call for mediation but then said that mediation will not be suitable for me as Lowell or Bryan Carter have not sent me the documents that I have requested.

The mediation service will always say that when you have not received the documents because the whole point of requesting them is for you to know where you stand. Without them, it's not possible to make an informed decision.

She said that my local county court will schedule a day for me to attend a hearing. I really don't want to go to court as I am a really nervous person. What would you advise?

Thank you
Ro

It is just the next step in the process to schedule a hearing, however, just because one is scheduled it doesn't necessarily mean it will go that far. The court will give directions which will include asking them to send you the documents at least 14 days before the hearing date, if they are not able to comply at this stage, it may mean the end of the matter. ray:

What do you think I should be doing now? I have my file all organised with a copy of every letter and response. I have proof that Lowell have never replied with the information that I have requested.

Just relax and stay positive. When it comes to the legal process, it's a waiting game. I've been waiting for a judgment :clock: for nearly two months now on a totally different matter.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Just a question for Flaming parrot or Nem I sent that last letter asking bryan carter to withdraw the claim see post number 106 that Nemesis drafted for me. Should I be doing anything else as I did say I would give them 7 days or I would make an application for the claim to be struck out with the costs going to carter.

Cheers
Ro

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Just a question for Flaming parrot or Nem I sent that last letter asking bryan carter to withdraw the claim see post number 106 that Nemesis drafted for me. Should I be doing anything else as I did say I would give them 7 days or I would make an application for the claim to be struck out with the costs going to carter.

Cheers
Ro

Hello Ro,
What date did you send the letter I drafted, was it sent by signed for post?

Did you check it was delivered.?

Check with the court tomorrow to see if anything has been done.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I sent it on the 3rd July recorded and signed for. I have had a reply today saying

"Thank you for your letter dated 3rd July 2015. We confirm you last made a payment on 4th June 2009 in the sum of £120.56 the claim was issued on the 28th April 2015 therefore the account is not statute barred.

We confirm evidence will be provided in accordance with the directions of the court.

If you wish to obtain a copy of the agreement you will need to go to the store at which you purchased the device,

We recommend you seek independent legal advice"


That was received today :-( I'm worried now, like I have always said I have no payments for that amount and they won't tell me how it was paid or by which card. I'm really worried now. I thought it was almost over.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I sent it on the 3rd July recorded and signed for. I have had a reply today saying

"Thank you for your letter dated 3rd July 2015. We confirm you last made a payment on 4th June 2009 in the sum of £120.56 the claim was issued on the 28th April 2015 therefore the account is not statute barred.

We confirm evidence will be provided in accordance with the directions of the court.

If you wish to obtain a copy of the agreement you will need to go to the store at which you purchased the device,

We recommend you seek independent legal advice"


That was received today :-( I'm worried now, like I have always said I have no payments for that amount and they won't tell me how it was paid or by which card. I'm really worried now. I thought it was almost over.

If they have documentary evidence of a payment it will have to be produced 14 days before the hearing anyway.
So there will be time to look into that.

You can mention the alleged payment in your defence and stat that the claimant has refused to disclose any evidence of such a payment and that you have no record of any payment.

I 'm wondering if this is some form of refund or charge back on the account ??
It's not unknown for claims to be made that such items are payments authorised by a customer.
nem

[Sandy Ago]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

In my view, and from my experience here, if they had proof they would provide it. They simply want money from you so it can't be in their interest to leave the payment in doubt... if they provided proof you'd want to make a deal before it reaches court! They probably don't have proof so they try and delay having to provide further information in the hope you will stress out and cave in.
It's also very "convenient" for this alleged payment to be June 2009 as it is just within the SB time limit and more difficult for you to obtain relevant bank statements... statements are usually only accessible for 6 years so, now in July 2015, the earliest statement you might be able to access is July 2009! Your local bank branch or Head Office customer service centre should be able to obtain information for you though so it may be worth checking to make sure no such payment was made from your account. Having said that, remember you do not need to prove you didn't make the payment, they need to prove that you did!

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

It is just becoming really stressful. How can I edit my defence once it has been submitted. When I get my court date can I take documents where I have typed a say timeline of all that has happened with the account for example me asking for lowell and bryan carter to provide me with the alleged debt evidence such as the last payment that I made on the account. Then I can turn around the the court and say I have been unable to move on from this claim as I have nothing to back myself up as all Bryan carter have provided me with is a debt amount and a date when I last made payment and for ow much. They have not sent me any physical evidence for me to be able to search my accounts for.

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

It is just becoming really stressful. How can I edit my defence once it has been submitted. When I get my court date can I take documents where I have typed a say timeline of all that has happened with the account for example me asking for lowell and bryan carter to provide me with the alleged debt evidence such as the last payment that I made on the account. Then I can turn around the the court and say I have been unable to move on from this claim as I have nothing to back myself up as all Bryan carter have provided me with is a debt amount and a date when I last made payment and for ow much. They have not sent me any physical evidence for me to be able to search my accounts for.

Rocky the events leading up to the claim what has happened, what you have done what the claimant as done said etc. is all part of
your " Witness Statement"

Al the " evidence" the claimant has documents etc. must be disclosed 14 days before the hearing.

nem

[FlamingParrot]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

It is just becoming really stressful. How can I edit my defence once it has been submitted.

It is possible to amend a defence by making an application to the court, however, in most cases it's not necessary. If you submitted a SBd defence to start with, you won't need to amend it, it's up to them to show it is not.

When I get my court date can I take documents where I have typed a say timeline of all that has happened with the account for example me asking for lowell and bryan carter to provide me with the alleged debt evidence such as the last payment that I made on the account.

Yes, that will be your witness statement where you can make reference to exhibits, i.e. documents such as letters you've sent. Some examples here: http://www.legalbeagles.info/forums/...ness+statement

Then I can turn around the the court and say I have been unable to move on from this claim as I have nothing to back myself up as all Bryan carter have provided me with is a debt amount and a date when I last made payment and for ow much. They have not sent me any physical evidence for me to be able to search my accounts for.

They will be ordered by the court to send you the documents they are relying on, at least 14 days before the hearing date. This is where a number of claimants fall down and have no option but to discontinue. ray: What a shame.... :grin:
https://www.justice.gov.uk/courts/pr...es/part27#27.4

(2) The court will –
(a) give the parties at least 21 days’ notice of the date fixed for the final hearing, unless the parties agree to accept less notice; and

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Ok thanks for that info I guess its just another case of waiting and seeing what happens now.

When get my hearing date what can I expect? I am really nervous I have never set foot in a court in my life :-(