*WON* Received court claim from Bryan Carter

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

You received it on the 15th so that's fine but no harm if you like lining ducks up i.e 'just in case' to add (dated 14th)
I received the claim [Claim Number] from the Northhampton County Court on 15^th August 2015 (dated 14th August 2015)

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

1: I received the claim [Claim Number] from the Northhampton County Court on 15^th August 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for/ appears to be for a Credit Cardagreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Aqua to Lowell Portfolio I Ltd on 24/08/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Aqua served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17/08/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10. On the17/08/2015I sent a formal request for a copy of the original agreement to [Claimant Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1)] Consumer Credit Act 1974 and by virtue of section 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Is this ok?

Yes it looks of, but no bold or highlighted text in the version you intend to submit.

nem

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thanks, worked out a date of the 16th sept to submit my defense but advised to do it a few days earlier. say the 13th or earlier? just copy and paste into the court site?

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

A few days earlier , IMHO yes just in case you encounter any technical blips . As for how to do it , I won't give an opinion as have never actually followed the process [MENTION=37786]FlamingParrot[/MENTION]

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

Thanks, worked out a date of the 16th sept to submit my defense but advised to do it a few days earlier. say the 13th or earlier? just copy and paste into the court site?

It is a good idea to be a few days early, yes just do as you have said.

nem

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Thanks, worked out a date of the 16th sept to submit my defense but advised to do it a few days earlier. say the 13th or earlier? just copy and paste into the court site?

A few days earlier , IMHO yes just in case you encounter any technical blips . As for how to do it , I won't give an opinion as have never actually followed the process @FlamingParrot

If you log in to the MCOL site there is an option to enter your defence directly on there. :typing: Technical blips are not uncommon on that site, however, there's always the option of submitting the defence by email and it works much the same as submitting it on the MCOL site, provided the email is properly headed. :thumb:

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

1: I received the claim xxxxxxxxx from the Northampton County Court on 15th August 2015

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Aqua to Lowell Portfolio I Ltd on 24/08/2012. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Aqua served any Default notice on the Defendant pursuant to section 87 of the Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 17/08/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors LLP. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Bryan Carter Solicitors LLP has not sent any of these documents to me.

10. On the 17/08/2015 I sent a formal request for a copy of the original agreement to Claimant Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with section 78 (1) of the Consumer Credit Act 1974 and by virtue of section 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Is this ok?

I've removed the square brackets, bold, etc. and also the alternative paragraph 4 which was still in place despite being almost invisible, if you were to copy and paste the whole thing it would still have been copied.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Thank you very much. Recievd the claim dated 14 aug, which took us up to approx 16th September. shall I submit the claim abt the 11 or 12th September?

No letter from Lowell.

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

Well the 16th is a Wednesday so if you don't mind cutting it fine and have a spare £6 or so to send it by special delivery you could leave it until 14th. Then if no joy on 14th get it off in the post special delivery on the !5th (am). As the parrot said not only can you enter your defence online but also by email .

Being the type of person I am ( a worrier) I would no doubt post it online and then send it RM signed for ( about £2) as well just to be sure . That maybe going overboard but as i said that's just me

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Thank you very much. Recievd the claim dated 14 aug, which took us up to approx 16th September. shall I submit the claim abt the 11 or 12th September?

No letter from Lowell.

Well the 16th is a Wednesday so if you don't mind cutting it fine and have a spare £6 or so to send it by special delivery you could leave it until 14th. Then if no joy on 14th get it off in the post special delivery on the !5th (am). As the parrot said not only can you enter your defence online but also by email .

Being the type of person I am ( a worrier) I would no doubt post it online and then send it RM signed for ( about £2) as well just to be sure . That maybe going overboard but as i said that's just me

There are several ways to file a defence: online on the MCOL site, by email and returning the forms by post. Most people manage to file online but the MCOL site has been known to misbehave, in which case the defence can be filed by email and you should get an automated confirmation. :typing: Some people have also opted to return the forms by post to be double sure but the majority of people on here just file online or, failing that, by email, and some have done it even after the deadline. It should be noted that the court does not automatically lock you out or disallow your defence once your time is up; the reason for not wanting to miss the deadline is that, once you're time's up, the claimant can request default judgment. :scared:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

If I file online will I get confirmation?

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Just logged onto the MCOL site and clicked on my claim number and there's an option, a yellow button, start defense, if i dispute the claim, this where i put my defense? Just making myself familiar with it, shall do it Sunday I think.

Shall I email as well, where do I find the email address? Thank you.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Just logged onto the MCOL site and clicked on my claim number and there's an option, a yellow button, start defense, if i dispute the claim, this where i put my defense? Just making myself familiar with it, shall do it Sunday I think.

That would be the one to click, yes. :thumb:

Shall I email as well, where do I find the email address? Thank you.

If you can file it successfully on MCOL there's no need to email it as well, however, if MCOL plays up you can email it to ccbcdefendants@hmcts.gsi.gov.uk,

On the subject line you'd put: CLAIM No. xxxxxx - LOWELL -v- AARONCAZ - DEFENCE

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Ok, many thanks, will do it online on Sunday.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Just making sure claim was dated 14th august, you get 33 days to file a
defense which takes us up to the 16 sept? So sunday to file a defense should be ok?