Hi please can someone advise

[Debt girl]

I have received a court claim from Northampton business center from Lowell portfolio ltd Bryan carter are solicitors acting for them I have acknowledged the claim and said I would be defending it the original debt was from voda phone mobile contract I have written to Bryan carter requesting disclosure under part 31 of civil procedure rules I have received this reply today
we write further to your letter requesting disclosure under part 31 of civil procedure rules we confirm this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31of civil procedure rules will therefore not apply in any event the notices of default and assignment left the control of the claimant when they were dispatched to you it is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in regard we ask you to refer to your own records we confirm our client is not agreeable to an extension for filing defence as you will be aware a claim was issued in this matter on 29 May and we are in receipt of your acknowledgement of service please respond to the claim using the response pack provided by the court you should comply with deadlines outlined by the court in order to avoid a default judgement being entered against you
please can someone advise what I should do next and do I have 28 days to file the defence
many thanks in advance

[Amethyst]

Re: Hi please can someone advise

Morning, sorry your post was missed yesterday xx

Can you give a bit of background on this debt please. How old is the debt ? approx how much ? and any dispute in the debt at all ?

When is your defence due ? ( 33 days after the date of issue on the claim form )

Sharon
xx

[Debt girl]

Re: Hi please can someone advise

Hi the debt is for 933.50 the particulars of the claim say this claim is for 933.50 the amount due under an agreement between the original creditor and the defendant to provide finance and / or goods this debt was assigned to / purchased by Lowell portfolio on the 11/04/2014 and notice served pursuant to the law of property act 1925 particulars re voda phone and the claimant claims 933.50 the claimant also claims statuary interest the debt is about 4 years old I became ill and could not pay the contract because voda phone sent myself a riddicoulously high bill I have not heard anything about it until this I really don't wont a ccj as trying to rebuild my credit rating many thanks for help

[FlamingParrot]

Re: Hi please can someone advise

Hi the debt is for 933.50 the particulars of the claim say this claim is for 933.50 the amount due under an agreement between the original creditor and the defendant to provide finance and / or goods this debt was assigned to / purchased by Lowell portfolio on the 11/04/2014 and notice served pursuant to the law of property act 1925 particulars re voda phone and the claimant claims 933.50 the claimant also claims statuary interest the debt is about 4 years old I became ill and could not pay the contract because voda phone sent myself a riddicoulously high bill I have not heard anything about it until this I really don't wont a ccj as trying to rebuild my credit rating many thanks for help

Have you got any arguments you could put forward to dispute this debt? Why was that bill so high? roaming charges? Using the phone abroad?

One way to avoid a CCJ on record would be settlement via a Tomlin order or a lump sum in full & final settlement if you can afford it. If you have any disputes regarding the amount claimed you could use those arguments to get them to accept a lower offer.

[Debt girl]

Re: Hi please can someone advise

Thank you flaming parrot can you explain what a Tomlin order is and how I do this as I can't afford a lump sum and do I still need to put a defence in to the court and is a mobile phone contract exempt from part 31 of civil procedure act or should they still produce an agreement or is correct that it is exempt as it is contractual many thanks

[FlamingParrot]

Re: Hi please can someone advise

Thank you flaming parrot can you explain what a Tomlin order is and how I do this as I can't afford a lump sum

A Tomlin order is a type of consent order that stays proceedings as long as you keep to the terms of the order which would be your monthly repayment offer. You should ensure that you can afford the amount you agree to pay because if you breach the agreement they can apply to lift the stay and request judgment.

You'll find some examples here: http://www.legalbeagles.info/forums/...221#post485221

and do I still need to put a defence in to the court and is a mobile phone contract exempt from part 31 of civil procedure act or should they still produce an agreement or is correct that it is exempt as it is contractual many thanks

A mobile contract is not a credit agreement, therefore it doesn't fall under the CCA. The Civil Procedure Rules apply to all claims regardless of the nature of the debt, however, Part 31 does not apply to the small claims track. Claims are allocated to a track according to their value, as yours is below £10k it would be allocated to small claims. You can request documents under Part 31 at this stage because the claim has not been allocated to any track yet.

If you don't receive any documents you could always put forward the generic defence based on them not supplying anything. We have to see where this goes and what their response is (if any).

[Debt girl]

Re: Hi please can someone advise

Thank you so much for your help I will keep you informed

[nemesis45]

Re: Hi please can someone advise

CPR 31.14 applies to small claims until allocated to a track so make a request
for any documents mentioned in the POC now.

nem

[Debt girl]

Re: Hi please can someone advise

Thank you nemesis have done this and posted recorded delivery thanks again

[Debt girl]

Re: Hi please can someone advise

Hi all please can someone give me some more advice have done what you advised nem thank you again have received this letter today from Bryan carter
We write further to your letter dated 12 June requesting documents pursuant to part 31.14 or the civil procedure rules we refer you to our letter dated 8 June and reiterate its contents
this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply
we confirm our client is not agreeable to an extension for filling defence
we are in receipt of your acknowledge mention of service and note your intention to file a defence
we recommend you seek legal advice
Can any one help me my defence needs to be in by next weds 24 please can you advise what I need to say in my defence to court
once again many thanks

[Kati]

Re: Hi please can someone advise

I'm sure [MENTION=55034]nemesis45[/MENTION] will be along soon
The latest letter is a typical BC reply, but as the claim HASN'T been allocated to a 'track' yet they should still have to comply with your cpr request!

[Debt girl]

Re: Hi please can someone advise

Thank you Kati do you know what I should put in my defence as this is the second request for docs now many thanksthanks

[nemesis45]

Re: Hi please can someone advise

Hi all please can someone give me some more advice have done what you advised nem thank you again have received this letter today from Bryan carter
We write further to your letter dated 12 June requesting documents pursuant to part 31.14 or the civil procedure rules we refer you to our letter dated 8 June and reiterate its contents
this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply
we confirm our client is not agreeable to an extension for filling defence
we are in receipt of your acknowledge mention of service and note your intention to file a defence
we recommend you seek legal advice
Can any one help me my defence needs to be in by next weds 24 please can you advise what I need to say in my defence to court
once again many thanks

Ok seen this DG I'll be back tomorrow am.

nem

[FlamingParrot]

Re: Hi please can someone advise

Hi all please can someone give me some more advice have done what you advised nem thank you again have received this letter today from Bryan carter
We write further to your letter dated 12 June requesting documents pursuant to part 31.14 or the civil procedure rules we refer you to our letter dated 8 June and reiterate its contents
this matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply
we confirm our client is not agreeable to an extension for filling defence
we are in receipt of your acknowledge mention of service and note your intention to file a defence
we recommend you seek legal advice

Just a generic template response from Mr Carter, he's probably printed a million copies of that letter by now!

This is our generic response: http://www.legalbeagles.info/forums/...385#post410385

Can any one help me my defence needs to be in by next weds 24 please can you advise what I need to say in my defence to court
once again many thanks

We all know Mr Carter is not going to send you any documents, however, we are just following the process here to show it is THEM who do not comply.

In the absence of any documents, your defence can be the generic defence based around having received no documents. You will find an example here: http://www.legalbeagles.info/forums/...t-Court-Claims

It has to be adapted to suit your particular claim but that should give you a good start. :thumb:

- - - Updated - - -

Thank you Kati do you know what I should put in my defence as this is the second request for docs now many thanksthanks

When you say your 'second request', have you already sent our response letter saying that the claim hasn't been allocated therefore still have to comply (the one linked to above)? If you have already sent it, then there's no need to send it again.

If you are referring to the CCA request that's totally separate and there's no need to chase that one.

See post above for an example defence.

[nemesis45]

Re: Hi please can someone advise

No need to complicate matters DG, Carter will hold out on CPR31.14 and their stance can be brought to the notice of the court via you defence and WS.

If the CCA request is not complied with the debt is unenforceable until the agreement is produced.

If Carter and his client don't have the agreement their usual action is to leave the court to stay the claim
by not responding to a defence, if this situation is prolonged then you can give Carter notice that you will
be applying for the claim to be struck out.

nem