DISCONTINUED Lowell portfolio /Bryan Carter V Rocky 1987

**nemesis45** · 30th April 2015, 18:03:PM

Re: County Court letter

Originally posted by rocky1987 View Post

Hi

I do hope somebody can help me. Today i received a county court letter regarding an old mobile phone account that I had with three mobile in 2006. I was out of work for 2 years in 2008 and never paid the bill eventually it disappeared and i heard nothing about it. I last made a payment to that account on January 8th 2008. The account was sold on to Lowell portfolio in March 2011 who now have passed it to Bryan Carter solicitors. As I have made no contact with three mobile or anybody else since regarding this account until today, am i correct into saying that this account is statute barred? it does not show on my credit reports with noddle, and equifax.

I am really worried as I don't want to go to prison or to get a CCJ on my file as I have only recently started getting back on my feet a little bit. Can anybody please help me at all? I don't understand these forms and thing that I should ask for or even how to fill them in. I am so worried that I am going to get in trouble.

Please help.

Hi,
Let's clear the " prison" idea,. Debt is not Criminal Offence in the UK.

I take it you have received a Claim Pack From the Northampton County Court Business Centre?
From the details you have given I agree the debt is statute barred. This is a complete defence to the claim.
You need to Acknowledge Service of the Claim ( you can do this on line see instructions in the claim pack) State you are going to defend the claim.

Once you have acknowledged service you have 33 days from the date the claim was issued to file a defence.

The forms are fairly straight forward follow the instructions on the forms, the acknowledgment of claim form will also show you how to acknowledge online. Get this done Now.
Can you post a copy of the Claim Form here please so we can see what exactly this is all about.
Remove your name/address and the claim number before doing so.

Then I will suggest something that will hopefully stops this before it gets any further!!

nem

**rocky1987** · 30th April 2015, 18:16:PM

Re: County Court letter

Thank you. I will attach a copy of the claim form in a moment

**rocky1987** · 30th April 2015, 18:36:PM

Re: County Court letter

Hi I have tried to accept the service of claim online but the website keeps bringing me an error when I log in. I will have to do it by post first thing tomorrow morning. I will send it 1st class recorded so that I have proof of sending it.

I have attached a copy of the claim form that I received today.

Thanks again.
Ro.

Attached Files

Facetune.jpg (72.8 KB, 1 view)

**nemesis45** · 30th April 2015, 18:40:PM

Re: County Court letter

Ok, Straight forward Statute Barred defence if your dates are correct.

Have you acknowledged the claim?

nem

**rocky1987** · 30th April 2015, 18:50:PM

Re: County Court letter

No it only arrived today. I haven't done anything yet as I am totally unsure of these things and wanted to seek advice. what would you say is my next step?

**seduraed** · 30th April 2015, 19:30:PM

Re: County Court letter

Make a nice cup of tea and wait for the knowledgeable beagles . Nem will give you very good advice .

**nemesis45** · 30th April 2015, 19:33:PM

Re: County Court letter

Acknowledge the Claim on line tomorrow.

I see Amethyst is helping you with another Statute Barred Debt so the processes are from the point of view
of the early stages are the same.

nem

**rocky1987** · 30th April 2015, 20:36:PM

Re: County Court letter

I commented on a post from last year hoping Amethyst will respond. This is a great site thanks for helping me. So tomorrow I will acknowledge the claim online and then on the N9B form it has some tick boxes. I am going to dispute the full amount claimed on the claim form. Then in the defence box what should I write? I am still unsure. Do I also need to ask Bryan and Carter for a copy of the credit agreement?

Thanks again for helping I can start to breath again hopefully.

**rocky1987** · 30th April 2015, 21:50:PM

Re: County Court letter

Hi I found this template online will this be suitable to ask for a CCA so that I can put it with my claim?

Thanks

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

31/04/2015

Dear Sir/Madam

Re:- Account/Reference Number xxxxxxxxxxx

I do not acknowledge any debt to your company or its clients.
With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.
2. A full statement of account.
3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
4. A copy of any other documents referred to in the agreement.
I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.
I understand a copy of this credit agreement should be supplied within 12 working days.
I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
I look forward to hearing from you.
Yours faithfully
XXXXXXXXX

**rocky1987** · 1st May 2015, 13:28:PM

Re: County Court letter

This is where I am up to with this stressful matter. I have today sent off my acknowledgment of service form of which I ticked that I would be disputing the whole claim as I am 100 percent sure it is statute barred. I sent this signed for recorded delivery.

I am now at the part where I believe that I only have to send a CPR request letter off as it is a mobile phone debt. Is it correct that I do not have to send a CCA request letter? If so I will get this CPR letter posted out today recorded and signed for delivery so that it arrives on Tuesday. Would it hurt to request a CCA request?

This is what I have ready to post obviously with my details on.

After this has been posted is it just a waiting game for them to respond?

Thank you
Ro,

Attached Files

IMG_3155.jpg (43.0 KB, 1 view)

**Amethyst** · 1st May 2015, 13:44:PM

Re: County Court letter

Yes that's right, if it is a mobile phone debt the CCA request isn't applicable but yes you can ask for the agreement under cpr 31.14

**rocky1987** · 1st May 2015, 13:51:PM

Re: County Court letter

Ok, thanks Amethyst I will get my letters posted off today. I noticed I put the wrong address on my CPR form this one is supposed to go to Bryan and Carters solicitors? Have I wrote that letter above correct once I change the address?

Also totally off subject can I donate to the site anyway as a thank you for advice??

**rocky1987** · 1st May 2015, 16:20:PM

Lowell portfolio /Bryan Carter V Rocky 1987

Hi Legal beagles,

Particulars of Claim
This claim is for £532.25, the amount due under agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

This Debt was assigned to / purchased by Lowell Portfolio ltd,
on 10/03/2011 and notice served pursuant to the law of property act 1925

Particulars
RE- Three Mobile
A/C XXXXXXXX

And the claimant claims £532.5

The claimant also claims statutory interest pursuant to S.69 of the count act 1984 at a rate of 8% per annum.
From the date of assignment of the agreement to date but limited to a maximum of 1000 amounting to 42.60.

Amount claimed £574.85
Court fee £60
Solicitor's costs £70
Total amount £704.85

Background of this debt
I had a debt along time ago that I forgot all about and have not heard from them for a long long time. After receiving this letter yesterday I contacted Three mobile and asked them about the old mobile account so I could get my dates correct and they told me that the account was last paid on 8th January 2008 and that it was defaulted on 14th July 2008. Then they passed the account to Lowell on 15th March 2011 (my claim form says 10th)

I have not spoken to Lowell or anybody else regarding this account in anytime since I last made that payment.

This morning I tried to send my Acknowledge of service on the moneyclaim site but it is having problems enrolling me so I just took it to the post office recorded and signed for. I have now got my CPR request letter ready to post and I also have a CCA request letter to post ( I seen a post by Amethyst saying I don't need a CCA Request letter as it is a mobile phone debt)

What now?

Thank You

Ro.

**nemesis45** · 1st May 2015, 17:49:PM

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Rocky this is the same debt you have Pm'd me about how many threads have you started on this.

nem

DISCONTINUED Lowell portfolio /Bryan Carter V Rocky 1987