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

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi so today I received this reply from Bryan Carter, what do I do now :-(

Please can you advise.

Cheers Ro.

As has been said CPR31.14 still applies until the claim is allocated to a track, their failure to comply is a point for your defence.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thanks Nem. I will post the cpr response letter and wait to see if I hear back from them and then in my defence I can say that the debt is statute barred and that Bryan Carter did not comply with my cpr request. I am still waiting to hear back from Lowell regarding my prove it letter which from reading on here will most likely not arrive.

Thanks again
Ro.

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi I have posted the response letter. Should I now start my defence? Is there any templates that I can use and what things do I mention?

Thanks again
Ro

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky
Take a look around some of the Lowell threads and the defences on those it's
a good way to gain knowledge and confidence!!

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi again,

Thanks Nem I have been reading other defences on here and found some useful info. When I submit my defence will I also have to do a witness statement for myself as I have seen a few posts with these.

Is the below an example of a defence? should I add that my cpr request has been ignored?

Claim number: XXXXXXXX

Claimant: LOWELL PORTFOLIO I LTD, RE: LOWELL FINANCIAL LIMITED

Defendant: XXXX XX


1. The Defendant has not acknowledged the debt in writing in the last six (6) years.

2. The Defendant has not paid any part of this debts in the last six (6) years.

3. The Defendant has reminded the Claimant that the debt has become statute barred in accordance with THE LIMITATION ACT 1980 (SECTION 5)

4. The Defendant has requested copies of documents (agreement, default notice, assignment) mentioned in the particulars of claim in accordance with CPR 31.14 but the claimant has failed to comply with this request.

5. ACCORDINGLY THE Defendant seeks the Claimants claim to be dismissed by the court as the debt is a statute-barred under the Limitations Act 1980, Section 5.

Statement of Truth

I, XXXXXX XXXXXX, the Defendant, believe that the facts stated in this Defence are true.

Signed …………………………………………

Dated ....... 2014



Thanks again for helping, I am just trying to get everything ready to submit my defence for the 30th May as I am away in a couple of weeks.

Regards
Ro.

[BLUEOTTER]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Keep your chin up rocky ! I had an issue a while back with solicitors lodging a claim on a credit card debt .
i actually had written proof from the original lender that their cca was not enforceable and yet it still took ages before the solicitor withdrew the claim .
At one point I thought we'd actually go to court despite my evidence, they push things to the very end but then why wouldn't they ? There's money to be made !
what they should actually be doing is NOT misrepresenting and misleading their client on a lost cause when they know full well that there's no chance of winning.
Good luck ,fingers crossed for you but you're in safe hands on here

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Rocky,

Yes you need the witness statement, judges are getting very strict on having the WS before them, it aids the " flow" of evidence and also highlights any shortcomings in the conduct of the claim up to the hearing.

Ok defence is good, just lose the bold type just keep it " normal" .

The WS is your statement of " events " regarding the claim, plenty of examples on Lowell threads and others to help you.

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi

I have received this letter back today from Bryan Carter after I sent a them the letter about it not being allocated to the small claims track.

What do I need to do now? I have started my witness statement but I am not entirely sure if I have done it correct I will post it once it is finished to get your feedback.

I just want this over and done with as I have exams coming up and the added stress is not helping me :-(

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi,

Keep al of Carters letters carefully, they can be referred to in your defence and WS.
Post both here when you are ready and we'll check them through with you.
No response on the CCA request?

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

I didn't send a cca request as I was told it isn't needed as it is an old mobile debt. I started my witness statement but stopped as I really do not know what I should say with regards to it being a mobile phone debt.

I found a few sample witness statements but they refer to different things such as loans and credit cards so parts of them I was unsure about. ( Im not the brightest spark when it comes to things like this)

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Sorry my mistake I forgot this was a service contract.

Your WS is a logical/chronological statement of events.

This is the witness statement of:

Your name:

Your address:

Defendant:

1. The defendant received Claim No.....................: On.............................

2. Proof of the alleged debt was requested from the claimants solicitors on ...................:

3. To date neither the claimant not its solicitors have provided and proof of the alleged debt; (A copy of the Service Contract)

4. Various letters have been received from the claimants solicitors declining to produce and documents to support the claim.

4, (a) Attached document Carter 1 and 2.

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 acknowledgment of the alleged debt having been made in 6 years prior to the issue of the claim.

Statement of Truth:

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

Signed.................................. Dated: Defendant:

I hope that helps done in a bit of a rush/amend as needed.


nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Thank you that is great. So should I do my witness statement and defence and submit them both now online at the same time? Or should i wait and see if i hear back anything from lowell regarding the prove it letter?

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Get them in, then the ball is in their court!!

nem

[rocky1987]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Hi Nem,

Just another question sorry to keep asking. When I submit my defence where do I post my witness statement and supporting documents ( copies of letters from bryan carter) and how do I sign them to put on the form should i just type my name.

Thank Ro

[nemesis45]

Re: Lowell portfolio /Bryan Carter V Rocky 1987

Defence in first. Then WS to support.

Take a look at some of the Lowell and other threads it'll
help you with formatting.

You Sign and type your name where necessary.

As in the statement of truth Signed Name..............................Printed Name .............................Dated.