**DISCONTINUED** Lowell / Bryan Carter / Tesco - Court Claim

[Berniethebolt]

Re: Lowell / Bryan Carter / Tesco - Court Claim

I would adjust line 3 to say something along the lines of 'the claim appears to be for a telecommunications contract with tesco mobile'
In the particulars of claim have they mentioned a default notice? If so you can leave line 7 in. I would probably put in-between 15 and 16 something about a costs but I am not sure the best way to word it

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Have sent in the defence as above on the 27th, 1st class recorded, 1 to BC Solicitors and 1 to Lowell. Today i received a letter from Lowell (Dated 29th August) and they returned my £1 PO back to me as follows

We are in receipt of your written request for a copy of your executed credit agreement under Section 77 - 79 of the consumer credit act 1974. Please find enclosed the £1 sent with your letter

Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the consumer credit act 1974. Our client has no obligation to provide a signed agreement under the provisions of the act. We have requested copy statements from Tesco Mobile and these will be sent to you upon receipt.

WE would advise you however that although Lowell Financial is still the legal owner of the account, the general management and handling of this has been outsourced to Fredrickson Internation Ltd and as a result of this, all of your future communications should be sent directly to them in relation to this matter

They then include their contact details at the bottom of the letter

Whats the next course of action? I havent submitted my defence online yet, but only have 2 weeks left to do this from my understanding. I don't even know what to send online!

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Have sent in the defence as above on the 27th, 1st class recorded, 1 to BC Solicitors and 1 to Lowell.

Did you not send it to the court? The process is to file your defence with the court and then the court forwards it to the claimants.

Today i received a letter from Lowell (Dated 29th August) and they returned my £1 PO back to me as follows

They then include their contact details at the bottom of the letter

Whats the next course of action?

They are right to say it was a service agreement and not a credit agreement, on post #7 above I mentioned the fact that the CCA request wouldn't apply:

Below are the first steps to take upon receipt of a claim. I've removed item 2 because the CCA request does no relate to mobile contracts:

No harm done, I'm sure they receive lots of those from people not aware of that fact. More significantly, they say they've requested statements from Tesco Mobile which, if you never had an account with them, Tesco Mobile will reply saying just that! :grin: :grin:

I havent submitted my defence online yet, but only have 2 weeks left to do this from my understanding. I don't even know what to send online!

Your defence should have been submitted online to start with, is there any way you could post up what you sent to Lowell and Carter? :typing:

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Point 1 - Post 11 makes reference to Lowell / BC Solicitors and this is what i did, so unless I'm mistaken i cannot see any reference above to physically send it to the courts?

Point 2 - The comments have crossed as per number 7 i had already sent the 2 requests by post

Point 3 - Im guessing its just a sit and wait game now? Later on when it physically goes to a small claims court, I'm guessing it will be thrown out as they do not have any paperwork (Hence saying its down to Tescos to provide etc)

Point 4 - I don't have it to hand, but its exactly the same as the template posted above (Edited specifically to me), albeit removing 3, 7, 10 & 11, and changing 4 as was mentioned above.

Side note - I haven't submitted a defence, other than ticking a box when i first acknowledged receipt of the paperwork 2 weeks ago online saying i am defending the full debt (or to that effect) - I was under the assumption you file the defence online nearer the time? Will most likely do this next week as don't want to leave it too close to the 28 days

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Point 1 - Post 11 makes reference to Lowell / BC Solicitors and this is what i did, so unless I'm mistaken i cannot see any reference above to physically send it to the courts?

A bit of a confusion here, the process can be a bit confusing. Basically you write to Carter with a request for documents mentioned on the particulars of claim and then you wait to see if you get anything (not very likely) and file a defence online just before the deadline. Don't worry, you've still got time to file it online.

Point 2 - The comments have crossed as per number 7 i had already sent the 2 requests by post

Point 3 - Im guessing its just a sit and wait game now? Later on when it physically goes to a small claims court, I'm guessing it will be thrown out as they do not have any paperwork (Hence saying its down to Tescos to provide etc)

If it went that far, they would be required by the court to supply you with the documents at least 14 days prior to the hearing, but that's still months away.

Point 4 - I don't have it to hand, but its exactly the same as the template posted above (Edited specifically to me), albeit removing 3, 7, 10 & 11, and changing 4 as was mentioned above.

Side note - I haven't submitted a defence, other than ticking a box when i first acknowledged receipt of the paperwork 2 weeks ago online saying i am defending the full debt (or to that effect) - I was under the assumption you file the defence online nearer the time? Will most likely do this next week as don't want to leave it too close to the 28 days

That's right, you file online nearer the time. :thumb:

[philvasili]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Hello appledev. Don't panic! Bryan Carter Solicitors are renowned for using bullying tactics in chasing 'debts' that aren't real. I've just defeated them in claim they brought against me from a non-existent debt I was supposed to owe O2. Even before we went into court they asked if we could call it off - I had counterclaimed - and both agree to walk away. I refused so we went into court. As soon as we sat down the judge told the legal agent BCS had sent along - they didn't have the balls to turn up themselves - that he effectively had no case because not one original document in support of their claim that I owed O2 around 400 was supplied to the court. She eventually threw out their case. I would suggest that anyone in similar circumstances who has BCS chasing them for money fight it and ask them to prove their claim with original documents. In most cases I've heard about - and including my own - they have nothing to back their bullying other than a knowledge of how to manipulate the law to scare people. I am deliberating as to whether to take out a private case against them because they supplied a doctored exhibit to their witness statement i.e. they lied to the court about the veracity of a document with the intention and objective of getting money from me. Fight them and don't be scared!

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Right you lovely people...

Its been 3 weeks since acknowledging the letter so am looking to file my defence before the end of this week.

To avoid any confusion, can someone pretty much spell out to me exactly what i have to say?

I know the template is pasted above, which i have edited and already sent to BC Solicitors and Lowell, is this what i have to upload online to the courts? Or if someone could PM me directly, i would be more than happy to send you what i have sent them and someone can tell me if its right or wrong

As an update... I've heard nothing else... no contract in the post, no news is good news!?

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Right you lovely people...

Its been 3 weeks since acknowledging the letter so am looking to file my defence before the end of this week.

To avoid any confusion, can someone pretty much spell out to me exactly what i have to say?

I know the template is pasted above, which i have edited and already sent to BC Solicitors and Lowell, is this what i have to upload online to the courts? Or if someone could PM me directly, i would be more than happy to send you what i have sent them and someone can tell me if its right or wrong

As an update... I've heard nothing else... no contract in the post, no news is good news!?

Can you post up what you have so far so we can take a quick look before you submit it as your defence? :typing:

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Can you post up what you have so far so we can take a quick look before you submit it as your defence? :typing:

Sorry for delay - i have 2 computers and all of this is on my personal one.

1: I received the claim (Removed) from the Northampton County Court on 18 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 telecommunications contract with Tesco Mobile

4. It is denied that the Defendant has previously entered into a contract with Tesco Mobile for provision of services.

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 Tesco Mobile to Lowell Portfolio I Ltd on 13^th March 2014. The Defendant does not recall receiving notice of this assignment.

8: On 20^th August 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement.

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

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.

I have changed numbers 3 and 4 as per the advice above, and have removed numbers 7, 10 and 11 that make reference to CCA. However, i did actually send a £1 PO to them in with the same bundle i sent on the 20th August, so should i put numbers 10 and 11 back in or leave it as it removed?

Finally, is there anything else i should add, change or remove?

Thank you all again for your help!

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Sorry for delay - i have 2 computers and all of this is on my personal one.

No worries.

I have changed numbers 3 and 4 as per the advice above, and have removed numbers 7, 10 and 11 that make reference to CCA. However, i did actually send a £1 PO to them in with the same bundle i sent on the 20th August, so should i put numbers 10 and 11 back in or leave it as it removed?

It's OK as it is, even if you did send a CCA request and/or the £1 fee, because it's not applicable to a mobile contract, you can't use that argument in your defence, however, point 4 sums it all up. Basically it's up to them to show they are entitled to claim for this non-existent account, in particular item 4 is hard to beat. The burden of proof is on the claimant to show no only that there was a contract between you and Tesco Mobile, but also that the alleged amount is actually outstanding on that contract. :thumb: :thumb:

Finally, is there anything else i should add, change or remove?

The standard defence is drafted on the basis that defendants did have the accounts but have not been provided with appropriate documentation by the claimants and allowance is made for the claimants to provide such documentation in the future. If you never had a Tesco Mobile contract to start with, I'd be inclined to remove items 14 and 15 because they suggest you may need to amend your defence if they can provide you with the documents, however, if you never had such a contract, there is no reason to even go there. I'd just leave it as below:

1. I received the claim (Removed) from the Northampton County Court on 18 August 2015.
2. Each and every allegation in the Claimants statement of case is denied.
3. This claim appears to be for a telecommunications contract with Tesco Mobile.
4. It is denied that the Defendant has previously entered into a contract with Tesco Mobile for provision of services. The Claimant is put to strict proof to show there was such a contract.
5. The particulars of claim fail to state when the alleged contract was entered into.
6. The Claimants statement of case states that the alleged account was assigned from Tesco Mobile to Lowell Portfolio I Ltd on 13th March 2014. The Defendant does not recall receiving any notice of assignment.
7. On 20th August 2015 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Bryan Carter Solicitors. I requested the Claimant provide copies of the Agreement.
8. Bryan Carter Solicitors has not sent any of these documents to me.
9. 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.
10. 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.
11. 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.

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

That is absolutely fantastic so thank you again for all your kind help and support!

I have amended my copy again as per your above post, and will submit it online in due course.

In your opinion, should i string it out and file my defence as late as possible? and where i would add a counterclaim for costs, or in your honest opinion would you not bother?

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

That is absolutely fantastic so thank you again for all your kind help and support!

I have amended my copy again as per your above post, and will submit it online in due course.

In your opinion, should i string it out and file my defence as late as possible?

In this case, I hardly see any reason. They won't have your contract next week or next year because there isn't one. :flypig: :flypig:

and where i would add a counterclaim for costs, or in your honest opinion would you not bother?

It wouldn't be a counter claim as such but if they end up discontinuing (as they should when they've issued a claim against the wrong person), you could claim LIP costs and disbursements at that stage. :thumb:

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

In this case, I hardly see any reason. They won't have your contract next week or next year because there isn't one. :flypig: :flypig:

Defence - Confirmation



Step 7 of 7




Thank you. You have successfully submitted your Defence form to the court.

Defence Submitted
Claim Number
(REMOVED)
Response type
Defence

Claimant name
Lowell Portfolio I Ltd

Defendant name
(REMOVED)

It gave me an option of counterclaiming at step 4, which i declined as per your sound advice above.

I will post back when i hear anything :okay:

[FlamingParrot]

Re: Lowell / Bryan Carter / Tesco - Court Claim

It gave me an option of counterclaiming at step 4, which i declined as per your sound advice above.

I will post back when i hear anything :okay:

Counter claiming when filing a defence relates to money the claimant already owes you, in this case your costs are being accrued as the claim moves forward and the amount will very much depend on how long they drag this on for. :grin:

[appledev]

Re: Lowell / Bryan Carter / Tesco - Court Claim

Had an offer from Lowell today...

50% discount if I pay today. The cheek of it!

No word on the defence or evidence side, they still have 3 weeks mind