Lowell Bryan Carter Solicitors

[FlamingParrot]

Re: Lowell Bryan Carter Solicitors

I don't think this debt is SB as it was OPENED 9/3/09 and claim issued 24/3/2015 so unless it was terminated within 15 days there is a problem

To clarify, my comment about SBd was a general comment with regards to mediation as a whole rather than a specific one about this case. Such is the nature of these forums that statements can sometimes lead to misunderstandings.

What I meant to say was that when defendants are sure that the debts are SBd, there's hardly any point in agreeing to mediation, whilst in most other cases it would be a good idea to agree in principle by ticking the box.

[jon1965]

Re: Lowell Bryan Carter Solicitors

Doh. I thought it odd, maybe I need sleep, I was awake and posting at stupid o'clock. Sorry n all

[bolton05]

Re: Lowell Bryan Carter Solicitors

Dear All,

Bryan Carter are still proceeding with the claim, they have issued a witness statement dated 27/07/2015.

The Notice Of Allocation to the small claims track (Hearing) specifically states hearing fee to be paid 22/07/2015 so I will check with court claimant has paid it.

Court have my defence - The Witness Statement from the claimant - The statement refers to the agreement being provided to the defendant dated 08th March 2009 - My defence requested a copy and evidence of identification still not provided having made repeated requests. within the statement the mobile number the refer to is a complete hash ! the lawyer refers to a mobile number two digits different than the one contained on documents from their own data file -put simply the telephone number in their witness statement is completley wrong which is poor in itself.

They provide a statement of account HK1 - This on plain paper not headed paper no mention of orange but EE and an address nexus House - Darlington - no payments are made between 27/07/2009 and 19/4/2012 nearly three years I would hardly title this action as a best practise credit control by orange - fact it states an account number,no mobile number , my details to me its simply some internal print , not a formal statement no mention of a mobile phone or what it relates too..

The next exhibit is the Notice Of Assignment again on plain paper its dated 01st January 2014 which again I dispute I have ever had, but within this letter which they have sent to the court " on <clientciregdate> your account was sold to Lowell Portfolio 1 Ltd - Point to me how is that a valid Notice of Assignment it contains no date - This solicitor is a bit of a numptie !

Next point "The defendant did make a request for documentation pursuant to Part 31 of the civil procedure rules (CPR). This matter has been properly allocated to the small claims track and Part 31 does not ordinarily apply ,pre action disclosure is not required on a matter which will be most properly allocated to the small claims track.The claimants solicitors informed the defendant of this in a letter 10th April 2015.

However my point is at the time of the request this case had not been allocated.

They wind up saying " has no valid defence or prospect of successfully defending the claim.

In conclusion I have requested a hearing which intend to attend my case is prove the debt.

No statement or statements have been provided by solicitors quoting and i will quote the telephone number produced by orange.

No statements have been produced by anyone which quote the telephone number or any other for that matter but i will refer to the statement in their witness statement.

No valid notice of assignment has been produced i will show the judge my copy which contains no date of Sale to Lowell Portfolio

I will also point out no copy or signed application form has been provided or indeed any copies of identification at the time the account was opened, claimants solicitors refer to a shop but give no dates, address, time.

They are no attending the hearing - I assume all I do is the following

Attend the Hearing
Refer to my defence
Then respond with the permission of the judge to their statement.
In conclusion your honour No Application Form No identification and invalid Notice of Assignment - No statements from anyone including orange quoting a mobile number
And finally surely the mobile phone provider has a duty of care the statement before the court although its not clear it refers to the provision of a mobile , clearly shows a three year period of debt accumulating before the phone has been disconnected with no payments made during that period.

The million dollar question why are Carters so sure " the defendant has no valid defence or prospect of successfully defending the claim.

I obviously feel I have get every chance no debt has been proven :tinysmile_twink_t2:

[bolton05]

Re: Lowell Bryan Carter Solicitors

See the thread I did follow the mediation route but as predicted nothing to mediate on because i still feel they have not proven the debt despite the witness statement which is very poor , still thats only my view.

No doubt the VIP members can comment because I am up for a fight I wished more people would challenge these scum bags buying debt for toffee no clear checks applying charges interest and saying excuse me we have bought this for pennies, we are not sure what we have,we have no documents, but now we would like the town hall clock and the shirt off his back ! on your bike.

I will await further comment but as stated I will be going to the hearing saying come on, surley they have no case - no docs - no proof

[bolton05]

Re: Lowell Bryan Carter Solicitors

Any chance you could have a look at my recent pot hearing due 26th, also is it prudent even though i will attend the hearing for me to issue a witness statement send to the court and carters is that protocol for a defendant to that the directive seems to indicate that. I am determined to defend this case successfully

[bolton05]

Re: Lowell Bryan Carter Solicitors

Can you see thread i am running out of time i will be attending court but need to put in a witness statement - any comments once you have read thread would be appreciated

[Kati]

Re: Lowell Bryan Carter Solicitors

[MENTION=37786]FlamingParrot[/MENTION]??

[FlamingParrot]

Re: Lowell Bryan Carter Solicitors

Even if you are going to attend the hearing (and you definitely should!) you should still prepare a witness statement because that gives you the opportunity to set out your case in an organised and well thought out manner. Your WS should be a list of all the relevant events such as what communications you had with the claimant and/or their solicitors. It should be along the same lines as your defence, which doesn't seem to be posted up on here so I'm not sure if you are defending on the basis that you didn't have the contract or that it may be SBd (although looking at posts above it looks like it wouldn't be :noidea. Needless to say, there shouldn't be anything on it that may contradict something you said in your defence so it would be good if you could also post up your defence if you've still got it somewhere. :typing:

If you mention any documents, for example letters you sent to the claimants, you should attach them as exhibits and refer them to the exhibit in question at the end of the paragraph. This thread should give you an indication regarding how to draft a WS: http://www.legalbeagles.info/forums/...ness-Statement

It would be good if you could post up your draft before sending it out so we can take a look. :thumb:

[bolton05]

Re: Lowell Bryan Carter Solicitors

Firstly can you tell me how i make a donation. thats the least i can do !

Yes delighted case struck out - for all you novices like me never surrender to these scum bags lowell bryan carter they issue proceedings with no correct documents, copy agreements, signed application forms so stand up and dont buckle i simply stated i had received no statements , they state the claimant i have no defence, i had a pefectly valid defence - prove the debt the court has seen no proof, so like i say the more they spend on the court fees, preparing a statement of case, with no court orders the less likey this vermin will stay around.

Delighted to be victorious:tinysmile_twink_t2:

[FlamingParrot]

Re: Lowell Bryan Carter Solicitors

Firstly can you tell me how i make a donation. thats the least i can do !

That's very kind of you. :yo: See below:

You can upgrade to VIP http://www.legalbeagles.info/forums/payments.php or if you'd rather not go VIP you can make a donation via paypal to info@legalbeagles.info or pm me for bank details.

Thank you for the kind thought xxx

Yes delighted case struck out - for all you novices like me never surrender to these scum bags lowell bryan carter they issue proceedings with no correct documents, copy agreements, signed application forms so stand up and dont buckle i simply stated i had received no statements , they state the claimant i have no defence, i had a pefectly valid defence - prove the debt the court has seen no proof, so like i say the more they spend on the court fees, preparing a statement of case, with no court orders the less likey this vermin will stay around.

Delighted to be victorious:tinysmile_twink_t2:

Delighted to see you've beaten them! :cheer2: :whoo: :high5: :cheer2:

Time to play our anthem again :grin: :grin: :grin: